reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.010 - Conduct of board meetings

Current through May 31, 2024
(a) The board will
				  select a chair from current board members at the first regular board meeting of
				  each calendar year. The chair will preside over board meetings during the
				  ensuing year.
(b) The board will
				  meet at the call of the chair after reasonable public notice is
				  given.
(c) The director is
				  responsible for preparing an informative agenda for each board meeting. A copy
				  of the agenda will be posted on the Alcohol and Marijuana Control Office's
				  Internet website.
Board meeting agendas posted to the Alcohol and Marijuana
						Control Office's website may be found at
https://www.commerce.alaska.gov/web/amco/
.
Authority:
AS
						04.06.005
AS
						04.06.050
AS 04.06.060
AS
						04.06.100
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.015 - Submissions to the board

Current through May 31, 2024
Except as otherwise specifically provided in this chapter,
					 applications and communications of a formal nature must be submitted in
					 writing, upon prescribed forms, as applicable to the board through its online
					 licensing system or at its main office and are not considered timely filed
					 until received by the board's main office.
Authority:
AS
						04.06.005
AS
						04.06.090
AS
						04.06.100
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.020 - Public comment at board meetings

Current through May 31, 2024
(a) At its regular
				  public meetings held in each judicial district in compliance with
				  AS
				  04.06.050, the board will receive public
				  comment upon items of agenda business and other issues of the public interest
				  related to alcoholic beverages, including the conduct of business by licensees
				  and others with the statutes and regulations related to alcoholic beverages.
				  Public comment may also be submitted to the board in writing by any person at
				  any time.
(b) The right to be heard
				  provided for in this section does not constitute intervention in a proceeding
				  or exhaustion of an administrative remedy.
Authority:
AS
						04.06.005
AS
						04.06.050
AS
						04.06.100
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.025 - Duties of director

Current through May 31, 2024
(a) The director of
				  the board is responsible for the management of the board's offices, the
				  administration of the board's functions, and the enforcement of AS 04 and this
				  chapter.
(b) The director shall
				  employ and supervise necessary administrative, professional, paraprofessional,
				  and investigative personnel and shall prescribe their duties and authority. The
				  director may employ a person to a position with the special investigator job
				  classification only if the person
(1)
				  possesses a certificate issued by the Alaska Police Standards Council
				  demonstrating that the person meets the standards for appointment as a police
				  officer under
				  AS
				  18.65.240;
(2) provides evidence satisfactory to the
				  director that
(A) the person meets the
				  standards of another state or a federal jurisdiction for appointment as a
				  police officer; and
(B) the
				  standards of the state or federal jurisdiction are equivalent to the standards
				  required for issuance of a certificate by the Alaska Police Standards Council
				  under AS
				  18.65.240; or
(3) is eligible for appointment as a police
				  officer through reciprocity in accordance with
				  13 AAC 85.060.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.030 - Issuance of license and endorsement

Current through May 31, 2024
The director will issue an appropriate license or
					 endorsement on
(1) approval of an
				  application for a new license, a new license with one or more endorsements, a
				  renewal or transfer of an existing license, a renewal or transfer of an
				  existing license with one or more endorsements, or an application for an
				  endorsement;
(2) receipt by the
				  board of necessary public health and public safety approvals; and
(3) completion of any inspection considered
				  necessary by the director.
Authority:
AS
						04.06.005
AS
						04.06.090
AS
						04.06.100
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.035 - Additional delegation of authority

Current through May 31, 2024
The board shall review delegations of authority to the
					 director made pursuant to
					 AS
					 04.06.080 or
					 04.11.395 on an annual basis and
					 upon change of director.
Authority:
AS
						04.06.005
AS
						04.06.080
AS
						04.06.100
AS 04.11.395
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.040 - When licenses become available

Current through May 31, 2024
Except as provided in
					 3 AAC 305.100, if the board receives an application at a
					 time when there are no available licenses of the type specified in the
					 application, the board will deny the application. In this chapter, a license
					 becomes available
(1) on the date the
				  director determines the relevant population under
				  3 AAC 305.900 where the license becomes available
				  because of an increase in the population during the preceding year;
(2) 30 days after a notice of expiration has
				  been sent to a licensee due to nonrenewal of the license and not later than
				  April 15 where the license becomes available based upon the count of the
				  relevant population;
(3) on the
				  conclusion of all appeals of the denial of renewal, revocation, or on waiver of
				  appeal by the licensee, whichever is later, where the license becomes available
				  because of the denial or revocation of another license and the license is
				  available based upon the count of the relevant population; or
(4) on the date determined by the board or
				  the director in any other case.
Authority:
AS
						04.06.005
AS
						04.06.080
AS
						04.06.090
AS
						04.06.100
AS
						04.11.320
AS
						04.11.340
AS
						04.11.400
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.050 - Application for renewal of a license and endorsement

Current through May 31, 2024
(a) Except for an
				  applicant for renewal of a manufacturer direct shipment license issued under
				  AS
				  04.09.370, an applicant for renewal of an
				  alcoholic beverage license or an alcoholic beverage license with one or more
				  endorsements must file a completed application. The application may be
				  initiated and completed electronically. A complete application must be on a
				  form prescribed by the board and include the information and documentation set
				  out in this section, the application fee, and fees for renewal of licenses and
				  endorsements as set out under
				  3 AAC 305.145.
(b) An application for renewal of an
				  alcoholic beverage license or an alcoholic beverage license with one or more
				  endorsements must contain the information required under
				  AS
				  04.11.270.
(c) An application for renewal of an
				  alcoholic beverage license or renewal of an alcoholic beverage license with one
				  or more endorsements must contain the following:
(1) a list of the applicant's convictions for
				  violations of AS 04 and this chapter, or an ordinance adopted under
				  AS
				  04.21.010, that occurred in the preceding two
				  calendar years;
(2) a written
				  authorization for release of conviction and arrest records to the director and
				  the board, as required by the board;
(3) a statement that no person other than the
				  applicant has a financial interest in the business to be licensed;
(4) any change in business entity documents
				  in the preceding two calendar years;
(5) any change to proof of possession in the
				  preceding two calendar years;
(6)
				  required biennial license fees and applicable endorsement fees as set out under
				  3 AAC 305.145; and
(7) a non-refundable application fee as set
				  out under 3 AAC 305.145.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.055 - Reinstatement of license

Current through May 31, 2024
(a) For the
				  purposes of
				  AS
				  04.11.540, if a license expires because an
				  applicant fails to file a complete application for renewal or fails to pay the
				  required renewal fees and penalty fees by February 28, the board will consider
				  a written request to reinstate the license. A request to reinstate a license
				  must include
(1) the complete renewal
				  application;
(2) a license
				  reinstatement fee of $1,000;
(3)
				  all other required fees and penalty fees; and
(4) proof of good cause for the applicant's
				  failure to file the renewal application by February 28.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.060 - Application for transfer of a license to another person

Current through May 31, 2024
(a) Except for an
				  applicant for a manufacturer direct shipment license issued under
				  AS
				  04.09.370, an application for transfer of an
				  alcoholic beverage license or an alcoholic beverage license with one or more
				  endorsements to another person under
				  AS
				  04.11.280 may be initiated and completed
				  electronically. The application must contain the same information about the
				  transferee as is required of an applicant for a new license or endorsement
				  under AS
				  04.11.260 and
				  3 AAC 305.045 and the information required under
				  AS
				  04.11.295(a) and
				  04.11.310.
(b) In addition to including the information,
				  statements, documentation, and fees required in (a) of this section, an
				  application for transfer of an alcoholic beverage license or an alcoholic
				  beverage license with one or more endorsements under this section must include
				  a statement under oath, executed by the transferor, listing all debts of and
				  taxes due by the business. The office of the board will promptly notify each
				  identified creditor of the application and the amount the transferor shows as
				  owing to the creditor.
(c) If a
				  license is automatically transferred under
				  AS
				  04.11.280(c) and the office
				  of the board subsequently receives criminal justice information and records
				  obtained under
				  AS
				  04.11.295 that potentially disqualifies a
				  transferee, the director will file an accusation to suspend or revoke the
				  license under
				  3 AAC 305.875 so the board may determine if the licensee
				  meets the qualifications for transfer of a license or license with one or more
				  endorsements.
Authority:
AS
						04.06.005
AS
						04.06.090
AS
						04.06.100
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.065 - Application for return of a license to a person with a retained security interest

Current through May 31, 2024
(a) A licensee who
				  wishes to establish a security interest in an alcoholic beverage license before
				  the license is transferred to another person under
				  3 AAC 305.060 shall submit the following additional
				  documents with the transfer application:
(1)
				  a leasehold conveyance or contract of sale of real property made in the course
				  of the license transfer;
(2) a list
				  of personal property being conveyed from the transferor to the transferee,
				  including
(A) the value of the property;
				  and
(B) a draft Uniform Commercial
				  Code financing statement in which a security interest in the license is claimed
				  under AS
				  04.11.670 and
				  04.11.360(4)(B),
				  containing the following statement: "Under the terms of
				  AS
				  04.11.670,
				  AS
				  04.11.360(4)(B), and
				  3 AAC 305.065, the transferor/lessor retains a security
				  interest in the liquor license that is the subject of this conveyance, and may,
				  as a result, be able to obtain a retransfer of the license without satisfaction
				  of other creditors."; the value of the personal property must be sufficient for
				  the board to determine that the license is not being used as collateral except
				  as provided under
				  AS
				  04.11.670; and
(3) all transaction and security documents
				  relating to the lease or sale of real property and sale of personal property in
				  conjunction with the license transfer.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.070 - Application for transfer of location

Current through May 31, 2024
(a) An applicant to
				  transfer an alcoholic beverage license or an alcoholic beverage license with
				  one or more endorsements to a new location must file an application on a form
				  prescribed by the board. The application must include the information and
				  documentation described in this section. The application may be initiated and
				  completed electronically.
(b) An
				  application to transfer an alcoholic beverage license or an alcoholic beverage
				  license with one or more endorsements to a new location must contain the
				  information required by
				  AS
				  04.11.260 for the new location and be
				  executed as described under
				  AS
				  04.11.260(a). The
				  application must also contain proof of public notice under
				  AS
				  04.11.310 and
				  3 AAC 305.075 for the new location and any petitions
				  required under
				  AS
				  04.11.460.
(c) In addition to the requirements set out
				  in (b) of this section, an application for a transfer of an alcoholic beverage
				  license or an alcoholic beverage license with one or more endorsements to a new
				  location must contain the following:
(1) a
				  copy of a deed, lease agreement, or other documentation that shows right or
				  title to, or interest in, the land and buildings at the location of the
				  business to be licensed;
(2) a
				  statement identifying whether the transfer to a new location is subject to
				  AS
				  04.11.400(k) and identifying
				  the involved borough and incorporated city; and
(3) a non-refundable application fee under
				  3 AAC 305.145
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.075 - Public notice

Current through May 31, 2024
(a) After
				  initiating an application for a new license or transfer of a license, the
				  applicant must give notice of the application to the public by
(1) posting a copy of the application for 10
				  days at
(A) the location of the proposed
				  licensed premises; and
(B) one
				  other conspicuous location in the area of the proposed premises accessible to
				  the general public;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.080 - Petition for licenses

Current through May 31, 2024
(a) If required by
				  AS
				  04.11.460, a petition is a necessary part of
				  an application. All petitions must be on forms prescribed by the board.
				  Petition signatures must be obtained within the 90-day period immediately
				  preceding the submission of the application. However, signatures may be added
				  to the petition before an application has been deemed complete.
(b) A person signing a petition relating to a
				  license must be 21 years of age or older and a permanent resident of the
				  geographical area relevant to the petition. A person may have only one
				  permanent residence. Municipal boundaries shall be disregarded when gathering
				  petition signatures.
(c) When
				  submitting a petition under
				  AS
				  04.11.460, an applicant shall assist in the
				  determination of population by submitting the following information with the
				  application:
(1) a graphic designation on a
				  United States Geodetic Survey map with a scale of at least one inch to the mile
				  showing the population within a circle of the applicable radius, and showing
				  where petition signatures were obtained; and
(2) the population within the applicable area
				  and narrative of how the population was determined.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.085 - Local governing body protest

Current through May 31, 2024
(a) A local
				  governing body may protest an application filed under this chapter. The protest
				  must be in writing, filed with the board, and copied to the applicant, and must
				  include the governing body's reason for the protest. The reasons stated by a
				  local governing body must be logical grounds for opposing the application or
				  continued operation of the license and have a reasonable basis in fact. Under
				  this section, a protest may be filed for
(1)
				  an application to
(A) issue a new license, a
				  license with one or more endorsements, or endorsement;
(B) renew an existing license, a license with
				  one or more endorsements, or endorsement;
(C) transfer the location of an existing
				  license, a license with one or more endorsements, or endorsement;
(D) transfer an existing license, a license
				  with one or more endorsements, or endorsement to another person; or
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.090 - Procedure for action on a license or endorsement application

Current through May 31, 2024
(a) The board will
				  decide whether to grant or deny an application not later than 90 days after
				  receiving the complete application. The board will not grant or deny the
				  application before the time allowed for a local governing body to file a
				  protest as set out under
				  3 AAC 305.085(b) unless the local
				  governing body waives its right to protest.
(b) Not later than seven days before a
				  scheduled meeting that includes board action on applications, the director
				  shall post a meeting agenda that includes a list of matters scheduled for
				  action at that meeting on the office of the board's Internet website. The
				  director shall also send written notification to each applicant with an
				  application scheduled for action at that meeting through the board's online
				  licensing system or to the electronic mail address identified in the
				  application. The board may review an application without additional notice to
				  the applicant.
(c) The board will
				  consider any written objection, protest, suggested condition, or petition, and
				  any testimony received at a hearing on public protest held under
				  3 AAC 305.095 when considering an application. The
				  director shall retain any written objection, protest, suggested condition, or
				  petition and the hearing record as part of the permanent record of the board's
				  application review.
Authority:
AS
						04.06.005
AS
						04.06.090
AS
						04.06.100
AS
						04.11.320
AS
						04.11.330
AS
						04.11.340
AS
						04.11.360
AS
						04.11.370
AS
						04.11.480
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.095 - Procedure on objection or protest; appeals

Current through May 31, 2024
(a) If the board
				  receives an objection described in
				  AS
				  04.11.470, a protest described in
				  AS
				  04.11.480(a) and
				  3 AAC 305.085, or a protest described in
				  AS
				  04.11.480(b), the board will
				  follow the following procedures:
(1) in the
				  case of an objection described in
				  AS
				  04.11.470, the board will consider the
				  objection at its first regular meeting at which it considers the application
				  after the objection is received and determine whether it is appropriate to hold
				  a public hearing under
				  AS
				  04.11.510(b)(2) to ascertain
				  the reaction of the public or a local governing body to the application; if the
				  board determines that it is appropriate to hold a public hearing, the board
				  will follow the procedures in (b) of this section;
(2) if the board receives a protest of an
				  application from a local governing body described in
				  AS
				  04.11.480(a), the board will
				  review the protest at its first regular meeting at which it considers the
				  application after the protest is received and, if the board has any indication
				  that the protest might be arbitrary, capricious, or unreasonable, the board
				  will first determine whether the protest is based on a question of law; if the
				  protest is found to be based in whole or in part on a question of law, the
				  board will schedule the matter for a public hearing under (b) of this section
				  and AS
				  04.11.510(b)(4); unless a
				  hearing is required by another provision of law, if the protest is found not to
				  be based on a question of law the board may conduct a public hearing under (b)
				  of this section to ascertain the reaction of the public or a local governing
				  body to the application in question; if the board has no indication that the
				  protest is arbitrary, capricious, or unreasonable, it may vote to uphold the
				  protest, and the applicant and the board will follow the procedure set in
				  AS
				  04.11.510(b)(1); if the
				  board decides to overrule the protest, the local governing body may appeal the
				  board's decision under AS 44.62.
(3) if the board receives a protest described
				  in AS
				  04.11.480(b), the board will
				  conduct a public hearing as required by
				  AS
				  04.11.510(b)(3).
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.100 - Procedure for mutually exclusive and competing applications

Current through May 31, 2024
(a) If the board
				  receives an application for a license that requires denial because it would
				  exceed the amount of licenses available for that license type under
				  AS
				  04.11.400(a), the
				  application will be considered "mutually exclusive."
(b) The board will consider, and grant or
				  deny, mutually exclusive applications in the order in which they are received.
				  However, all "competing applications," as defined under (c) of this section,
				  will be treated as if they were received at the same time, and will be
				  considered together.
(c) For the
				  purpose of this section, competing applications are those mutually exclusive
				  applications for licenses, with or without an endorsement, that
(1) inside a unified municipality, organized
				  borough, or incorporated city;
(A) are for
				  one or more licenses which have become available because of a change of local
				  option or a change in population and are received during the 30-day period
				  beginning on the date the license or licenses first become available;
				  or
(B) are for the last available
				  license other than a license described in (A) of this paragraph and are
				  received during the 30-day period beginning on the date the board received the
				  first application for the license; and
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.105 - Selection among mutually exclusive and competing applications

Current through May 31, 2024
(a) Within an
				  incorporated city, organized borough, or unified municipality, all competing
				  applications, as defined in
				  3 AAC 305.100(c) will be considered
				  together by the board under this section.
(b) If affiliates, or persons who are related
				  by birth or marriage, have filed competing applications for premises at a
				  single location, the board will deny all but one of those
				  applications.
(c) The board will
				  deny any competing applications which are required to be denied under
				  AS
				  04.11.320,
				  04.11.340,
				  04.11.480, or
				  3 AAC 305.110.
(d) If the denial of one or more competing
				  applications under (b) or (c) of this section makes any other competing
				  applications no longer mutually exclusive, the board will approve the
				  applications that are no longer mutually exclusive.
(e) If competing applications remain after
				  the board takes action under (b), (c), or (d) of this section, the board may
				  grant any applications the board considers to be most in the public interest.
				  In determining the public interest, the board may consider factors including
(1) the safety, suitability, and proximity of
				  the proposed premises to other licensed premises;
(2) the size of the proposed
				  premises;
(3) community amenities
				  associated with the premises including entertainment, dining facilities, and
				  tourist accommodations; and
(4)
				  preferences or priorities expressed by the local governing body.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.110 - Factors for consideration; denial of application

Current through May 31, 2024
(a) In determining
				  whether to grant an application for an alcoholic beverage license, alcoholic
				  beverage license with one or more endorsements, or an endorsement, the board
				  may consider the following factors:
(1) the
				  applicant's and the applicant's affiliates' histories of felony conviction in
				  this state, the United States, or another state or territory of the United
				  States during the 15 years immediately preceding the date of
				  application;
(2) the applicant's or
				  the applicant's affiliates'
(A) violation of
				  AS 04 or regulations adopted by the board; or
(B) violation of the alcoholic beverage
				  control laws of another state, as a licensee of that state;
(3) whether the applicant or the
				  applicant's affiliates are untrustworthy, unfit to conduct a licensed business,
				  or a potential source of harm to the public;
(4) whether the applicant or the applicant's
				  affiliates have permitted, on licensed premises belonging to the applicant, the
				  occurrence of sexual contact between persons; for the purpose of this
				  paragraph, "sexual contact" has the meaning given in
				  AS
				  11.81.900(b);
(5) whether the application is not complete
				  as required by an applicable provision of AS 04 and
				  3
				  AAC 305.101 -
				  3 AAC 305.165 or contains a false or misleading
				  statement;
(6) whether the license
				  or endorsement would violate any requirement of the license or endorsement
				  under AS 04 or this chapter;
(7)
				  whether the license or endorsement would violate any particular restriction
				  applicable to the particular license or endorsement authorized under AS 04 or
				  this chapter;
(8) whether the
				  license or endorsement is prohibited under this chapter as a result of an
				  ordinance or election conducted under
				  AS
				  04.11.491;
(9) whether a protest by the local governing
				  body is not arbitrary, capricious, or unreasonable;
(10) all other factors identified in
				  AS
				  04.11.320 that are present and of concern;
				  and
(11) all other factors the
				  board determines relevant to the public interest.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.115 - Consideration of endorsement

Current through May 31, 2024
(a) An endorsement
				  is valid only in conjunction with a license. An endorsement may be transferred
				  to another person only if the license for which the endorsement was issued is
				  also transferred to that person. An endorsement expires if the licensed
				  premises are relocated, the license expires, or the license is
				  revoked.
(b) An endorsement is
				  valid for the duration of the license and renews concurrently with the
				  license.
(c) The board will
				  consider the factors identified in
				  3 AAC 305.105 when determining whether to grant or deny
				  an application for an endorsement.
Authority:
AS
						04.06.005
AS
						04.06.090
AS
						04.06.100
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.120 - Waiver of annual operating requirement and minimum operating requirements

Current through May 31, 2024
(a) Except as
				  provided in this section, the board will deny an application for renewal of a
				  license or a license with one or more endorsements if the licensed premises
				  were not operated for the time required under
				  AS
				  04.11.330(a)(3) or
				  (d).
(b) A licensee may submit a waiver
				  application to the board to request a waiver of the operating requirement in
				  AS
				  04.11.330 (a)(3) or (d).
				  Under AS
				  04.11.330(a)(3), the board
				  will determine whether, through no fault of the licensee or because the
				  premises are under construction, the licensed premises could not be operated
				  for the required time during the preceding calendar year.
(c) A waiver application for a calendar year
				  must be made in writing to the board and must be accompanied by the
				  non-refundable application fee of
(1) an
				  amount equal to one-half the applicable biennial license fee if a waiver
				  application was not made for the previous year; or
(2) double the amount of the fee paid for the
				  previous waiver application.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.125 - Compelled transfer of a license to the prior licensee with a security interest in the license

Current through May 31, 2024
(a) If a former
				  licensee seeks to compel the transfer of a license because of a promise given
				  as collateral by the current licensee under
				  AS
				  04.11.670 to the former licensee during an
				  earlier transfer of the license, followed by a default in payment related to
				  property conveyed or a lease made as part of the previous transfer, the board
				  will deny the transfer if the creditors are not satisfied under
				  AS
				  04.11.360(4)(A). The board
				  may approve the transfer if circumstances clearly show that
(1) the security interest was established in
				  the previous transfer in accordance with
				  3 AAC 305.065.
(2) the former licensee operated the license
				  that was transferred for at least 240 hours; and
(3) the term of a security interest in a
				  license to secure payment for personal property did not exceed 10
				  years.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.130 - Consideration of transfer of location of a license under AS 04.11.400(k)

Current through May 31, 2024
(a) An application
				  to transfer a license under
				  AS
				  04.11.400(k) in a borough
				  with a population of 50,000 or more into or within an incorporated city in the
				  borough must comply with the notice requirements set out in
				  AS
				  04.11.280,
				  04.11.290, and
				  3 AAC 305.070(d), as applicable. The
				  criteria for denial of an application to transfer an alcoholic beverage license
				  to another location as set out in
				  AS
				  04.11.340 and denial of an application to
				  transfer an alcoholic beverage license to another person as set out in
				  AS
				  04.11.360 also apply to an application to
				  transfer a license under
				  AS
				  04.11.400(k). The notice
				  requirements set out in this section apply to an application to transfer
(1) an alcoholic beverage dispensary license
				  issued under
				  AS
				  04.09.200 to a restaurant, eating place,
				  hotel, motel, resort, or similar business that contains a restaurant or eating
				  place,
(2) a package store license
				  issued under
				  AS
				  04.09.230;
(3) a brewery retail license issued under
				  AS
				  04.09.320;
(4) a winery retail license issued under
				  AS
				  04.09.330; or
(5) a distillery retail license issued under
				  AS
				  04.09.340.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.135 - Permits

Current through May 31, 2024
(a) With the
				  exception of a conditional contractor's permit issued under
				  AS
				  04.09.690, an applicant must submit the
				  proper permit application form and the permit fee to the office of the board to
				  apply for a permit. The applicant must submit the application and fee not fewer
				  than three business days before the first day of the event. The application
				  must include
(1) a description of the
				  proposed premises;
(2) a drawing
				  that designates which areas are for storage, service, and
				  consumption;
(3) a statement of the
				  specific hours of intended operation;
(4) a copy of the approval from the proper
				  local authority
(5) a statement
				  that every person who will serve or sell alcohol or check patron identification
				  during the event will have successfully completed an approved alcohol server
				  education course before the first day of the event; and
(6) other information required by the
				  application form.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.140 - Application for and board consideration of common carrier approval

Current through May 31, 2024
(a) An applicant
				  for a common carrier approval to transport and deliver alcoholic beverages to a
				  person in the state must file an application on a form prescribed by the board.
				  The application must include the information and documentation set out in this
				  section, along with the approval fee. A common carrier described under this
				  section must certify it will meet the requirements of
				  AS
				  04.09.750(c) and
				  (d).
(b) The board will approve a common carrier
				  who meets the definition of common carrier under
				  AS
				  04.09.750(g) and who
				  provides the certifications required under
				  AS
				  04.09.750(c) and
				  (d).
(c) The board may remove a previously
				  approved common carrier under this section from the list maintained by the
				  board as required in
				  AS
				  04.09.750(e) if the common
				  carrier transports or delivers alcoholic beverages in violation of
				  AS
				  04.09.750(c) or
				  (d).
Authority:
AS
						04.06.005
AS
						04.06.090
AS
						04.06.100
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.145 - License and endorsement application and biennial fees

Current through May 31, 2024
(a) A
				  non-refundable application fee of $500 must accompany an application for a
(1) new license;
(2) new license with one or more
				  endorsements;
(3) transfer of an
				  existing license to another location or to another person; or
(4) a transfer of an existing license with
				  one or more endorsements to another location or to another person.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.150 - Permits and common carrier approval fees

Current through May 31, 2024
(a) Permit fees are
				  as follows:
(1) a beverage dispensary
				  caterer's permit issued under
				  AS
				  04.09.610 is $100 for the first two days and
				  $50 for each additional day;
(2) a
				  restaurant caterer's dining permit issued under
				  AS
				  04.09.620 is $100 for the first two days and
				  $50 for each additional day;
(3) a
				  club caterer's permit issued under
				  AS
				  04.09.630 is $100 for the first two days and
				  $50 for each additional day;
(4) an
				  art exhibit event permit issued under
				  AS
				  04.09.640 is $100 for the first two days and
				  $50 for each additional day;
(5) a
				  music festival permit issued under
				  AS
				  04.09.645 is $100 for the first two days and
				  $50 for each additional day;
(6) a
				  nonprofit organization event permit issued under
				  AS
				  04.09.650 is $100 for the first two days and
				  $50 for each additional day;
(7) an
				  alcoholic beverage auction permit issued under
				  AS
				  04.09.660 is $50 per day;
(8) a package store tasting event permit
				  issued under
				  AS
				  04.09.670 is $100 for the first two days and
				  $50 for each additional day;
(9) an
				  inventory resale permit fee is set out in
				  AS
				  04.09.680;
(10) a live music or entertainment permit
				  issued under
				  AS
				  04.09.685 is $100 per event;
(11) a conditional contractor's permit fee is
				  set out in
				  AS
				  04.09.690;
(12) a de-designation permit application fee
				  under 3 AAC 305.655(b)
				  is $50; for certification required under
				  3 AAC 305.655(e) the fee is
				  $50.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.155 - General wholesale and limited wholesale additional fees

Current through May 31, 2024
(a) In addition to
				  the biennial license fee set out in
				  AS
				  04.09.100(b) and
				  3 AAC 305.145, the holder of a general wholesale license
				  shall pay the biennial declaration fee as set out in
				  AS
				  04.09.130(b) and an annual
				  fee based on total business transacted as set out in
				  AS
				  04.09.100 and
				  04.09.120.
(b) In addition to the biennial license fee
				  set out in
				  AS
				  04.09.110(b) and
				  3 AAC 305.145, the holder of a limited wholesale brewed
				  beverages and wine license shall pay the biennial declaration fee as set out in
				  AS
				  04.09.130(b) and an annual
				  fee based on the total business transacted as set out in
				  AS
				  04.09.110 and
				  04.09.120.
Authority:
AS
						04.06.005
AS
						04.06.090
AS
						04.06.100
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.160 - Processing fees for renewals after late payment of taxes

Current through May 31, 2024
(a) After a local
				  governing body protests a license renewal under
				  3 AAC 305.085(g)(1), a licensee shall
				  pay an additional license renewal fee as follows:
(1) if the delinquent taxes are paid after
				  the local governing body files a protest with the board and before the board
				  denies license renewal under
				  AS
				  04.11.510(a), $50;
(2) if the delinquent taxes are paid after
				  the board denies a license renewal but before a hearing officer is appointed to
				  hear an appeal of the board's denial, $500;
(3) if the delinquent taxes are paid after a
				  hearing officer is appointed but before an administrative hearing is held on
				  appeal of the board's denial of license renewal, $1,000; or
(4) if the delinquent taxes are paid after an
				  administrative hearing but before the board adopts a hearing officer's
				  recommendation to deny license renewal, $2,000.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 1 - Board; Administration; Licensing; Fees › 3 AAC 305.165 - Miscellaneous fees

Current through May 31, 2024
An applicant shall pay the following fees:
(1) $250 for a diagram change application
				  under 3 AAC 305.630(d);
(2) $250 for a business name change
				  application under
				  3 AAC 305.630(d);
(3) $250 for a seasonal alternating premises
				  application under
				  3 AAC 305.630(f)(1);
(4) $250 for an alternating licensed premises
				  application under
				  3 AAC 305.650;
(5) $250 for a change of officers application
				  required under
				  AS
				  04.11.045 -
				  04.11.055;
(6) $250 for an off-site warehouse storage
				  application required under
				  AS
				  04.21.060;
(7) $250 for a proof of minimum operations
				  application required under
				  AS
				  04.11.330(a)(3);
(8) $800 for a new alcohol server education
				  course under
				  3 AAC 305.700(b);
(9) $250 for review of an existing alcohol
				  server education course under
				  3 AAC 305.700(g).
Authority:
AS
						04.06.005
AS
						04.06.090
AS
						04.06.100
AS 04.11.045
AS
						04.11.050
AS 04.11.055
AS
						04.11.330
AS
						04.11.480
AS
						04.11.510
AS
						04.21.060
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 2 - Manufacturer Licenses; Endorsements; Permits › 3 AAC 305.200 - License required

Current through May 31, 2024
A license is required to manufacture, package, store, and
					 sell a manufacturer's brewed beverages, wine, or distilled spirits as set out
					 in AS
					 04.09.020 -
					 04.09.040.
Authority:
AS
						04.06.005
AS
						04.06.090
AS
						04.06.100
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 2 - Manufacturer Licenses; Endorsements; Permits › 3 AAC 305.210 - Manufacturer sampling endorsement

Current through May 31, 2024
An application to obtain a manufacturer sampling
					 endorsement as required under
					 AS
					 04.09.410 must identify by a line drawing the
					 area of the licensed premises to which the manufacturer sampling endorsement
					 attaches.
Authority:
AS
						04.06.005
AS
						04.06.090
AS
						04.06.100
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 2 - Manufacturer Licenses; Endorsements; Permits › 3 AAC 305.220 - Brewery repackaging endorsement

Current through May 31, 2024
A brewery manufacturer who was licensed as a brewpub under
					 the former
					 AS
					 04.11.135 may hold a repackaging endorsement
					 to permit the sale of its brewed beverages for off-the-licensed premises
					 consumption as set out under
					 AS
					 04.09.520 if the manufacturer
(1) operated as a brewpub on December 31,
				  2023; and
(2) holds, wholly or in
				  part, a
(A) beverage dispensary
				  license;
(B) a beverage dispensary
				  tourism license
(C) a restaurant or
				  eating place license; or
(D) a
				  seasonal restaurant or eating place tourism license.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 2 - Manufacturer Licenses; Endorsements; Permits › 3 AAC 305.230 - Inventory resale permits

Current through May 31, 2024
The director may approve an inventory resale permit under
					 the conditions set out in
					 AS
					 04.09.680.
Authority:
AS
						04.06.005
AS
						04.06.090
AS
						04.06.100