Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 5 - Provisions Applicable to More Than One License Type › 3 AAC 305.655 - Temporary de-designation of licensed premises

Current through May 31, 2024
(a) A
				  de-designation permit allows the holder of a retail license for onsite
				  consumption to use the licensed premises or a portion of the licensed premises
				  on a temporary basis for an event at which persons under 21 years of age will
				  be present. Alcoholic beverages may not be sold, served, or consumed on the
				  licensed premises two hours before and one hour after the times identified in
				  the permit during which the persons under 21 years of age will be on the
				  premises. A permit may not be exercised during hours of closure under
				  AS
				  04.16.010.
(b) Application for a de-designation permit
				  must be made on a form provided by the board and include a non-refundable
				  application fee of $50, the information required in (c) of this section, and a
				  certification as set out in (e) of this section. A permit may be approved by
				  the director for not more than three consecutive days for an event.
(c) An application for a de-designation
				  permit must include information about the relevant event as required by the
				  board and must include proof of written notice to the law enforcement agency
				  having jurisdiction over the designated premises of the event for which the
				  permit is sought.
(d) An
				  application for a de-designation permit must be filed with the director not
				  later than three business days before the event for which the permit is
				  requested unless the director grants an exception to address a more immediate
				  need for an event.
(e) A licensed
				  premises must be certified as suitable for the purposes of this section before
				  applying for a de-designation permit. Certification must be requested by the
				  licensee on an application form provided by and filed with the board. An
				  application for certification must include a detailed diagram showing the
				  proposed de-designated area, provide a security plan to keep unaccompanied
				  minors separated from the designated licensed premises, and payment of a
				  non-refundable $50 application fee.
(f) The director may place limitations or
				  restrictions on the premises certification and the permit as necessary to
				  assure adequate security and control in the public interest.
(g) The de-designation permit and a copy of
				  the approved application for certification must be conspicuously posted at the
				  main entrance to the licensed premises during the time a permit is exercised.
				  The licensee shall submit a copy of the approved application for certification
				  to the law enforcement agency with jurisdiction over the designated premises of
				  the event for which the permit is sought.
(h) A de-designation permit may not be
				  transferred, relocated, or renewed.
(i) A person who possesses or consumes
				  alcoholic beverages, is suspected of possessing or consuming alcoholic
				  beverages, or exhibits characteristics of intoxication on the de-designated
				  premises during the permit period must be removed immediately from the entire
				  licensed premises for the duration of the event.
(j) The director or a peace officer whose
				  jurisdiction includes the licensed premises may terminate a permit at any time
				  in the public interest if any conditions on the de-designation permit are
				  violated.
(k) The event premises
				  are still a licensed premises under AS 04 during the time when a de-designation
				  permit is exercised under this section. Violation of a statute, regulation, or
				  local ordinance governing alcoholic beverages on the licensed premises is
				  grounds for suspension or revocation of the licensee's premises certification
				  and license. A debt that is incurred for or during an event for which a
				  de-designation permit is granted is considered a debt incurred in the operation
				  of the license for the purposes of transfer of ownership of the holder's
				  license under AS 04.11360.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.200
AS
						04.09.210
AS
						04.09.260
AS
						04.09.270
AS
						04.09.300
AS
						04.09.310
AS
						04.09.350
AS
						04.09.360
AS
						04.09.610
AS
						04.11.330