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Home My WebLink AboutORD2026-004 Chapter 8.25 MarijuanaSponsored by: Council Member Calhoon Introduction Date: March 9, 2026 Public Hearing Date: March 23, 2026 Enactment Date: March 23, 2026 CITY OF SEWARD, ALASKA ORDINANCE 2026-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE SEWARD CITY CODE CHAPTER 8.25 AND SECTION 15.10.226 BY PROVIDING ADDITIONAL MARIJUANA ESTABLISHMENT REGULATIONS GOVERNING ON -SITE OUTDOOR MARIJUANA CONSUMPTION, WALK- UP/DRIVE-THRU RETAIL MARIJUANA SALES, AND LIMITING THE TOTAL NUMBER OF MARIJUANA ESTABLISHMENTS WITHIN CITY LIMITS WHEREAS, on January 26, 2026 a Joint Work Session was held between City Council and the Planning & Zoning Commission to discuss marijuana regulations; and WHEREAS, Council Member Calhoon expressed interest in sponsoring an ordinance to update the City's marijuana regulations; and WHEREAS, on February 23, 2026 a further council discussion was held on the proposed marijuana regulations and council voted to proceed with the drafting of this ordinance; and WHEREAS, the City has authority under AS 17.38.210 to regulate on -site marijuana WHEREAS, the policy concepts in this ordinance resulted from that Joint Work Session consistent with Charter 3.6(b); and WHEREAS, one of the purposes of this ordinance is to allow existing marijuana establishments that have received City and State approval to continue to operate (i.e. P&Z Resolution 2025-035), understanding that any substantial change in use/business would be subject to the laws that exist at that time (i.e. lawful nonconforming use, SCC 15.10.315); and consumption, walk-up/drive-thru marijuana sales, and the total number of marijuana establishment permits permitted to operate within the city; and WHEREAS, the City finds the regulations contained in this ordinance appropriate means to ensure the safety and welfare of the community. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS: Section 1. Seward City Code Chapter 8.25 is hereby amended to add the following section with new language underlined and deleted language is stricken Chapter 8.25 - Marijuana Establishments [...] CITY OF SEWARD, ALASKA ORDINANCE 2025-004 Page 2 of 4 8.25.035 — Additional Marijuana Establishment Restrictions A. The maximum number of marijuana establishment licenses allowed within the city limits is two. B. Marijuana may not be consumed in the outdoor area of any retail marijuana store premises. This prohibition does not apply to a marijuana establishment with an onsite consumption endorsement approved by the state on or before March 1, 2026. C. A retail marijuana store may not serve a consumer through a walk-up or drive -through exterior window. This prohibition does not apply to a marijuana establishment that on or before March1 2026, was authorized by the city to conduct walk-up or drive -through sales. Section 2. Seward City Code Section 15.10.226 is hereby amended to add the following section with new language underlined and deleted language is strielEen 15.10.226 - Land uses allowed. [...] H. Marijuana establishments as defined in section 15.10.140.B.55 are allowed in accordance with table 15.10.226 of this chapter subject to the following: 1. The facility owner or operator has submitted a license application to the State of Alaska for the corresponding type of marijuana establishment prior to operation, and maintains a current license from the state at all times the facility is in operation. 2. Marijuana establishments shall not be located within 500 feet of the entrance of any building where religious ceremonies are regularly held, a correctional facility, recreational facility or youth center licensed by the state or local government, or within 1,000 feet of any school. The distance specified in this subsection must be measured by the shortest pedestrian route from the public entrance of the building in which the licensed premises would be located to the outer parcel boundaries of the school, recreation or youth facility or to the main public entrance of the building in which religious services are regularly held, or the correctional facility. The burden of proof demonstrating that the facility meets the required separation distances is the responsibility of the marijuana establishment owner or operator. 3. All marijuana establishments shall meet all other criteria in this Code and in Alaska Statutes and Administrative Codes. 4. Onsite consumption endorsements are not a land use but are regulated by Chapter 8.25. 5. A marijuana establishment must not operate as a walk-up or drive-in facility through an exterior window or similar opening. This prohibition does not apply to a marijuana CITY OF SEWARD, ALASKA ORDINANCE 2025-004 Page 3 of 4 establishment that on or before March L 2026, was authorized by the city to conduct walk- up or drive -through sales. Section 3. Seward City Code Section 15.10.226 Table is hereby amended to add the following section with new language underlined and deleted language is striclken Table 15.10.226 KEY: O - Use Permitted Outright H - Home Occupation C - Use Requires Conditional Use Permit P - Use Requires Administrative Permit Blank - Use Prohibited Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R 1 R2 R3 UR OR AC HC CB I RM INS P Drive-in facility— INTENTIONALLY LEFT BLANK mari i uana establishment Marijuana establishment, retail store C C C C Marijuana establishment; retail g g g g ;tore with -ensue censttmptien inclom eR4ersement; Martit+arta 0 0 0 0 establishment, -store retail -with ettsite-consnmptien etndersement; ent-deer Section 4. This ordinance shall take effect ten days upon enactment. CITY OF SEWARD, ALASKA ORDINANCE 2025-004 Page 4 of 4 ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 23' DAY OF MARCH 2026. �.itkvrEclLIAw Sue McClure, Mayor AYES: Calhoon, Osenga, Wamer, Draper, Barnwell, Crites, McClure NOES: None ABSENT: None ABSTAIN: None ATTEST: Kris Peck City Clerk City Council Agenda Statement Introduction: March 9, 2026 To: City Council Through: Council Member Calhoon Subject: Ordinance 2026-004: Amending the Seward City Code Chapter 8.25 And Section 15.10.226 by Providing Additional Marijuana Establishment Regulations Governing On -Site Outdoor Marijuana Consumption, Walk-Up/Drive-Thru Retail Marijuana Sales, and Limiting the Total Number of Marijuana Establishments within City Limits Background and justification: On January 26, 2026 a Joint Work Session was held between City Council and the Planning & Zoning Commission to discuss marijuana regulations. Council Member Calhoon expressed interest in sponsoring an ordinance to update the City's marijuana regulations. On February 23, 2026 a further council discussion was held on the proposed marijuana regulations and council voted to proceed with the drafting of this ordinance Upon review with the City Attorney, it was found that the City has authority under AS 17.38.210 to regulate on -site marijuana consumption, walk-up/drive-thru marijuana sales, and the total number of marijuana establishment permits permitted to operate within the city. The date of March 1, 2026 has been added to this ordinance to allow existing marijuana establishments that have received City and State approval to continue to operate (i.e. P&Z Resolution 2025-035), understanding that any substantial change in use/business would be subject to the laws that exist at the time of the change. ✓ Yes Not applicable Attorney Signature: /s/S'am geverin Comments: