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 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.300 - License required

Current through May 31, 2024
(a) Except for
				  manufacturer sampling endorsements issued under
				  AS
				  04.09.410, a license is required to sell or
				  serve alcoholic beverages for consumption only on the licensed premises as set
				  out in AS
				  04.09.200 (beverage dispensary license),
				  AS
				  04.09.220 (club license),
				  AS
				  04.09.250 (theater license held by a beverage
				  dispensary licensee),
				  AS
				  04.09.260 (common carrier dispensary
				  license), AS 04.09.310 (destination resort
				  license), and
				  AS
				  04.09.350 (beverage dispensary tourism
				  license).
(b) Except for
				  manufacturer sampling endorsements issued under
				  AS
				  04.09.410, a license is required to sell or
				  sell and serve brewed beverages or wine for consumption only on the licensed
				  premises under
				  AS
				  04.09.210 (restaurant or eating place
				  license), AS 04.09.240 (pub license),
				  AS
				  04.09.250 (theater license held by a
				  restaurant or eating place licensee),
				  AS
				  04.09.270 (sporting activity or event
				  license), AS 04.09.290 (fair license),
				  AS
				  04.09.300 (golf course license), and
				  AS
				  04.09.360 (seasonal restaurant or eating
				  place tourism license).
(c) Except
				  for manufacturer sampling endorsements issued under
				  AS
				  04.09.410, a license is required to store,
				  sell, or serve brewed beverages, wine, or distilled spirits on the licensed
				  premises for consumption on and off the licensed premises under
				  AS
				  04.09.320 (brewery retail license),
				  AS
				  04.09.330 (winery retail license), and
				  AS
				  04.09.340 (distillery retail
				  license).
(d) A license is required
				  to operate a package store to store and sell alcoholic beverages for
				  consumption off the licensed premises under
				  AS
				  04.09.230 (package store license).
(e) A license is required for the holder of a
				  brewery retail license under
				  AS
				  04.09.320, a winery retail license under
				  AS
				  04.09.330, a distillery retail license under
				  AS
				  04.09.340, or the holder of a manufacturer
				  license issued in another state to sell the holder's product in response to an
				  order for shipment to a person located in this state for personal use only and
				  not for resale, as set out in
				  AS
				  04.09.370.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.010
AS
						04.09.200
AS
						04.09.210
AS
						04.09.220
AS
						04.09.230
AS
						04.09.240
AS
						04.09.250
AS
						04.09.260
AS
						04.09.270
AS
						04.09.280
AS 04.09.290
AS
						04.09.300
AS
						04.09.310
AS
						04.09.320
AS
						04.09.330
AS
						04.09.340
AS
						04.09.350
AS
						04.09.360
AS
						04.09.370
AS
						04.09.400
AS
						04.09.410
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.305 - Seasonal restaurant or eating place tourism license

Current through May 31, 2024
(a) Subject to the
				  limitations of licenses as set out under
				  3 AAC 305.900, the board may approve an application for
				  a seasonal restaurant or eating place tourism license under
				  AS
				  04.09.360. The board may approve an
				  application for the transfer of ownership of a seasonal restaurant or eating
				  place tourism license to a person who files a license application under
				  AS
				  04.11.260, if the applicant's licensed
				  premises qualify as a bona fide restaurant or eating place under the sole
				  control of the applicant and is
(1) located in
				  a municipality or established village that has a population of 40,000 or less;
				  and
(2) receives more than 4,000
				  visitors a year as determined under
				  3 AAC 305.910.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.310 - Determining available seasonal restaurant or eating place tourism licenses

Current through May 31, 2024
(a) The board will
				  not issue seasonal restaurant or eating place tourism licenses in
				  municipalities or established villages that qualify for this license type if
				  the issuance results in more than one seasonal restaurant or eating place
				  tourism license per 1,500 visitors per visitor day.
(b) Visitor count or fraction of visitor per
				  visitor day is calculated by dividing the total annual visitor count as set out
				  under 3 AAC 305.910 by 182.
(c) The board may further limit the available
				  seasonal restaurant or eating place tourism licenses upon application if the
				  number of restaurant and eating place licenses issued under
				  AS
				  04.09.210 exceed the restaurant and eating
				  place licenses permissible under
				  AS
				  04.11.400(a), or as public
				  interest requires.
Authority:
AS
						04.06.090
AS 04.06.100
AS
						04.09.360
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.312 - Unlicensed portion of business holding restaurant or eating place or seasonal restaurant or eating place tourism licenses

Current through May 31, 2024
(a) In considering
				  an application for issuance, transfer, or relocation of a restaurant or eating
				  place license or a seasonal restaurant or eating place tourism license, the
				  board will determine the portion of the premises or proposed premises that
				  constitutes a restaurant or eating place and will license only that portion for
				  the sale and consumption of alcoholic beverages.
(b) The board may require the licensed
				  premises to be separated from the unlicensed portion of the business in a
				  manner acceptable to the board. The board must approve changes in the
				  structure, layout, or use of any portion of the licensed premises before a
				  licensee may begin those changes.
(c) Gross receipts generated from business
				  conducted on unlicensed portions of a licensed business are excluded from the
				  calculation of gross receipts for the of this section,
				  AS
				  04.09.210, and
				  04.09.360.
Authority:
AS
						04.06.090
AS 04.06.100
AS 04.09.210
AS
						04.09.360
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.315 - Club license

Current through May 31, 2024
The holder of a club license issued under
					 AS
					 04.09.220 may not allow a club member who is
					 working as a bartender or server of alcoholic beverages to sign in a non-member
					 of the club as a guest.
Authority:
AS
						04.06.090
AS 04.06.100
AS
						04.09.220
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.320 - Common carrier dispensary license

Current through May 31, 2024
(a) For the
				  purposes of
				  AS
				  04.09.260, "train" means a set route traveled
				  by a series of one or more passenger cars owned or operated by a common
				  carrier.
(b) An applicant for
				  issuance or renewal of a common carrier dispensary license for an airline shall
				  indicate whether the fee for the license is to be calculated under
				  AS
				  04.09.260(b) or
				  (c).
(c) The fee for a common carrier dispensary
				  license for an airline under
				  AS
				  04.09.260(b) requires
				  payment of the specified fee for each aircraft in which alcoholic beverages are
				  served on an intrastate flight operated by the airline.
(d) The fee for a common carrier dispensary
				  license for an airline under
				  AS
				  04.09.260(c) requires
				  payment of the specified fee for each community served. For the purposes of
				  AS
				  04.11.260(c) and this
				  subsection, "each community served" means each community in which an airport is
				  located at which the airline has an incoming or outgoing intrastate flight
				  segment on which alcoholic beverages are served.
Authority:
AS
						04.06.090
AS 04.06.100
AS
						04.09.200
AS
						04.09.260
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.325 - Beverage dispensary tourism licenses

Current through May 31, 2024
(a) For the
				  purposes of
				  AS
				  04.09.350(c)(1), an
				  applicant for the issuance, transfer of location, or renewal of a beverage
				  dispensary tourism license shall include a description of how the requested
				  license encourages the tourist trade by promoting the construction or
				  improvement of a hotel, motel, or business as set out under
				  AS
				  04.09.350(c)(1) or an
				  airport terminal as set out under
				  AS
				  04.09.350(c)(2).
(b) For purposes of
				  AS
				  04.09.350(c)(2)(A),
				  "operates" means the holder of the beverage dispensary tourism license controls
				  the functioning of the hotel, motel, resort, or similar business relating to
				  the tourist trade, unless the license was approved before January 1,
				  2024.
(c) For the purposes of
				  AS
				  04.09.350(c)(1)(A) and
				  AS
				  04.09.350(c)(l)(2), "hotel"
				  or "motel" excludes establishments that substantially provide long-term rental
				  units or who are not subject to bed taxes if the local government in which it
				  is located collects bed taxes, unless the license was approved prior to January
				  1, 2024.
Authority:
AS
						04.06.090
AS 04.06.100
AS
						04.09.200
AS
						04.09.350
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.330 - Endorsements available to beverage dispensary and beverage dispensary tourism licenses

Current through May 31, 2024
(a) A beverage
				  dispensary licensee or a beverage dispensary tourism licensee may hold the
				  following endorsements:
(1) a multiple fixed
				  counter endorsement as set out under
				  AS
				  04.09.420; multiple fixed counters must be
				  located in the same building under the same contiguous premises; unless
(A) a beverage dispensary or beverage
				  dispensary tourism licensee also holds a large resort, hotel or motel
				  endorsement; or
(B) a beverage
				  dispensary or beverage dispensary tourism licensee held a duplicate beverage
				  dispensary or duplicate beverage dispensary tourism license on noncontiguous
				  licensed premises before January 1, 2024;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.333 - Guest room restocking for licensees with a hotel or motel endorsement or a large resort endorsement

Current through May 31, 2024
(a) A licensee with
				  a hotel or motel endorsement or a large resort endorsement may sell the
				  following alcoholic beverages in their original closed containers from a
				  secured unit in a guestroom:
(1) distilled
				  spirits in containers of not less than one ounce and not more than two
				  ounces;
(2) wine or vinous liquors
				  in containers of not more than 13 fluid ounces;
(3) brewed beverages in containers of not
				  more than 12 fluid ounces.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.335 - Restaurant endorsements

Current through May 31, 2024
(a) A restaurant
				  endorsement as described in
				  AS
				  04.09.450 is available in addition to a
				  license identified at
				  3 AAC 305.330(a)(4) to holders of a
				  club license, sporting activity or event license, outdoor recreation lodge
				  license, fair license, golf course license, or destination resort license if
				  the establishment or portion of the establishment for which the endorsement is
				  sought is a bona fide restaurant as defined at
				  AS
				  04.21.080(b).
(b) An application for a restaurant
				  endorsement must include a premises diagram specifying the establishment or
				  portion of the premises to be subject to the endorsement and a security plan
				  that demonstrates how the endorsement holder will comply with
				  AS
				  04.09.450(d)(2) - (3) and
				  AS
				  04.16.049, as applicable.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.200
AS
						04.09.220
AS
						04.09.270
AS
						04.09.280
AS
						04.09.290
AS
						04.09.300
AS
						04.09.310
AS
						04.09.450
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.340 - Endorsements available to package store licenses

Current through May 31, 2024
(a) A package store
				  licensee may hold
(1) a package store shipping
				  endorsement as set out in
				  AS
				  04.09.460;
(2) a package store delivery endorsement as
				  set out in
				  AS
				  04.09.470;
(3) a package store repackaging endorsement
				  as set out in
				  AS
				  04.09.480; and
(4) a package store sampling endorsement as
				  set out in
				  AS
				  04.09.490.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.345 - Written or electronic orders

Current through May 31, 2024
(a) A package store
				  licensee with a shipping endorsement issued under
				  AS
				  04.09.460 or a holder of a manufacturer
				  direct shipment license under
				  AS
				  04.09.370 may sell alcoholic beverages in
				  response to a written or electronic order. The licensee shall retain the
				  original, a clear photocopy, or an electronic copy of one of the following
				  documents that bears the purchaser's signature and shows by date of birth or
				  statement of age that the purchaser is at least 21 years of age:
(1) valid government-issued photographic
				  identification from any state;
(2)
				  a tribal identification card, issued by a federally recognized tribe that meets
				  the following criteria:
(A) the identification
				  card has a photograph, a signature, and a date of birth; and
(B) the identification card has security
				  features as identified in
				  AS
				  28.15.111(a)(4);
				  or
(3) a foreign or
				  domestic passport.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.350 - Wine clubs

Current through May 31, 2024
(a) A package store
				  licensee with a shipping endorsement may enter into a standing written or
				  electronic shipment order agreement with a purchaser for periodic shipment of
				  wine of the licensee's choice to the purchaser if
(1) the endorsement holder retains the
				  original, a clear photocopy, or an electronic copy of the proof-of-age document
				  in accordance with
				  3 AAC 305.345(b);
(2) the agreement is signed and dated by the
				  purchaser and contains the information required for written orders under
				  3 AAC 305.345(c); and
(3) the agreement requires that the
				  endorsement holder receives payment for the wine not fewer than five working
				  days before the date of shipment and allows the endorsement holder or purchaser
				  to terminate the agreement by giving five days' written notice of
				  termination.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.355 - Caterer's permits

Current through May 31, 2024
(a) A beverage
				  dispensary licensee or a beverage dispensary tourism licensee may hold a
				  caterer's permit to sell or dispense alcoholic beverages at a convention,
				  picnic, sporting activity or event, concert, street festival, or similar affair
				  held off the holder's licensed premises for which a beverage dispensary license
				  or a beverage dispensary tourism license would not otherwise be required. The
				  permit may only be issued for designated premises for a specific occasion and
				  for a limited period. The caterer, or a specified employee or agent of the
				  caterer, shall be present on the catered premises at all times alcoholic
				  beverages are possessed, served, or consumed at the premises under the
				  permit.
(b) A restaurant and eating
				  place licensee or a seasonal restaurant or eating place tourism licensee may
				  hold a restaurant caterer's permit to sell brewed beverages and wine before and
				  during the service of food provided by the licensee at a single dining event
				  held off the holder's licensed premises. The licensee shall comply with the
				  requirements for gross receipts from food sales for a restaurant or eating
				  place license under
				  AS
				  04.09.210(e) or a seasonal
				  restaurant or eating place tourism license under
				  AS
				  04.09.360(g).
(c) A club licensee may hold a club caterer's
				  permit to sell or dispense alcoholic beverages at an event held off the club's
				  licensed premises. A restriction or prohibition under
				  AS
				  04.09.630 regarding a club member or guest of
				  a club member applies to the premises covered by the permit. The director may
				  not issue more than three club caterer's permits to a club license in a
				  calendar year.
(d) Violation of a
				  statute, ordinance, or regulations pertaining to alcoholic beverages by a
				  caterer is grounds for disciplinary action, including suspension or revocation
				  of the caterer's alcoholic beverage license.
Authority:
AS
						04.06.090
AS
						04.06.100
AS 04.09.200
AS 04.09.210
AS 04.09.220
AS
						04.09.350
AS
						04.09.600
AS 04.09.610
AS 04.09.620
AS
						04.09.630
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.360 - Art exhibit permits

Current through May 31, 2024
(a) A beverage
				  dispensary licensee, a beverage dispensary tourism licensee, a restaurant or
				  eating place licensee, or a seasonal restaurant or eating place tourism
				  licensee may hold an art exhibit permit to sell and serve brewed beverages or
				  wine for consumption at a specific art exhibit event as set out in
				  AS
				  04.09.640. Food must be provided in
				  conjunction with the service of brewed beverages and wine. Brewed beverages and
				  wine may not be transported between specified sites.
(b) An art exhibit permit may not be
				  exercised for an event that is expected to attract an audience under 21 years
				  of age.
(c) Only one art exhibit
				  permit may be exercised at any specified site on a single date.
(d) The art exhibit permit or an exact copy
				  must be posted conspicuously at each specified site at each art exhibit event
				  during times when brewed beverages or wine is served and consumed.
(e) An application for an art exhibit permit
				  must be on a form prescribed by the board and be accompanied by the appropriate
				  fee. An applicant must obtain and submit with the application written approval
				  from the law enforcement agency with jurisdiction over the specified sites of
				  the art exhibit events for which the permit is sought.
(f) An application for an art exhibit permit
				  must clearly identify
(1) each art exhibit
				  event date;
(2) each specified site
				  for each event date;
(3) the
				  designated areas for the service and consumption of brewed beverages and wine
				  at each specified site for each event date; and
(4) the time during which brewed beverages
				  and wine will be served and consumed at each specified site for each event
				  date.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.365 - Music festival permits

Current through May 31, 2024
A restaurant or eating place licensee may hold a musical
					 festival permit to sell or dispense brewed beverages and wine for consumption
					 at a festival with multiple live music performances not held on the holder's
					 licensed premises as set out in
					 AS
					 04.09.645.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.200
AS
						04.09.210
AS
						04.09.350
AS
						04.09.360
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.370 - Colleges and universities

Current through May 31, 2024
(a) For the purpose
				  of granting a beverage dispensary caterer's permit, a restaurant caterer's
				  permit, or a nonprofit organization event permit under
				  AS
				  04.09.650 where prohibitions are imposed
				  under AS
				  04.11.410 and
				  AS
				  04.16.080, "school" does not include an
				  accredited college or university as defined in
				  AS
				  04.09.240(f).
(b) Along with other approvals required by
				  statute or regulation, an application for a permit for a designated premises at
				  a college or university event must be approved by the board of regents or a
				  similar governing body of the college or university, or the board's or body's
				  designee.
(c) A holder of a
				  sporting activity or event license under
				  AS
				  04.09.270 or a recreational site license
				  issued under
				  AS
				  04.11.210 for a site where college or
				  university sporting events are held may petition the board for designation of
				  premises at the site where brewed beverages and wine may be sold during a
				  college or university sporting event.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.240
AS
						04.09.270
AS
						04.09.610
AS
						04.09.620
AS 04.09.650
AS
						04.11.270
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.375 - Permits available to package store licensees

Current through May 31, 2024
A package store licensee may hold a tasting event permit as
					 set out in
					 AS
					 04.09.670.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.200
AS
						04.09.230
AS
						04.09.600
AS
						04.09.670
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.380 - Permits available to brewery retail, winery retail, and distillery retail licensees

Current through May 31, 2024
A brewery retail licensee, a winery retail licensee, or a
					 distillery retail licensee may hold a live music or entertainment event permit
					 as set out in
					 AS
					 04.09.685.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.200
AS 04.09.320
AS
						04.09.330
AS
						04.09.340
AS
						04.09.600
AS
						04.09.685
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.385 - Inventory resale permits

Current through May 31, 2024
An inventory resale permit authorizes the sale of a
					 business's remaining inventory of alcoholic beverages when the owner of the
					 business no longer has a valid license under AS 04 and as set out in
					 AS
					 04.09.680. An inventory resale permit sought
					 by a non-licensee shall be brought to the board for approval.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.600
AS
						04.09.680
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.390 - Permits available to nonprofit organizations

Current through May 31, 2024
(a) A nonprofit
				  organization may hold a nonprofit organization event permit as set out in
				  AS
				  04.09.650.
(b) a nonprofit organization may hold an
				  alcoholic beverage auction permit as set out in
				  AS
				  04.09.660.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.600
AS 04.09.650
AS
						04.09.660
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.395 - Conditional contractor's permit

Current through May 31, 2024
A prime contractor may hold a conditional contractor's
					 permit on construction sites as described under
					 AS
					 04.09.690 and
					 AS
					 04.11.680.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.600
AS 04.09.690
AS
						04.11.680
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 3 - Retail Licenses; Endorsements; Permits › 3 AAC 305.397 - Definitions

Current through May 31, 2024
For the purposes of
					 AS
					 04.21.080(b)"a variety of
					 types of food items appropriate for meals is prepared on site" means that the
					 meals are prepared on site in a commercial kitchen and that the majority of
					 meal preparation involves more than warming or rewarming food in movable
					 kitchen appliances, such as slow-cookers and microwave ovens.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.21.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 4 - Wholesale Licenses › 3 AAC 305.400 - License required

Current through May 31, 2024
An alcoholic beverage license is required to sell alcoholic
					 beverages at wholesale as set out in
					 AS
					 04.09.100. A license is required to sell
					 solely brewed beverages and wine at wholesale as set out in
					 AS
					 04.09.110.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.010
AS
						04.09.100
AS
						04.09.110
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 4 - Wholesale Licenses › 3 AAC 305.410 - Permissible sales to seasonal retail licenses

Current through May 31, 2024
In response to an order, the holder of a general wholesale
					 license may sell or deliver alcoholic beverages and the holder of a limited
					 wholesale brewed beverage and wine license may sell or deliver brewed beverages
					 or wine to the holder of a seasonal license during the seasonal licensee's
					 off-season.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.100
AS
						04.09.110
AS
						04.11.010
AS
						04.11.680
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 4 - Wholesale Licenses › 3 AAC 305.420 - Donations to permittees

Current through May 31, 2024
The holder of a general wholesale license may donate
					 alcoholic beverages and the holder of a limited wholesale brewed beverage and
					 wine license may donate brewed beverages or wine to holders of nonprofit
					 organization events permits issued under
					 AS
					 04.09.650 for the purposes of the event, or
					 to holders of nonprofit organization alcoholic beverage auction permits issued
					 under AS
					 04.09.660 for the purposes of the
					 auction.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.100
AS
						04.09.110
AS
						04.09.660
AS
						04.09.650
AS
						04.11.010
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 305.600 - Exercise of authority

Current through May 31, 2024
A licensee shall personally or through employees and agents
					 exercise actual authority and responsibility over the conduct of business upon
					 the licensed premises. Until the licensee surrenders the license to the board,
					 and so long as business is conducted under the license upon the licensed
					 premises, the licensee is solely responsible and liable for the conduct of the
					 business. A person not acting as an agent or employee of the licensee or
					 operating under a management services agreement under
					 3 AAC 305.610(a) may not exercise
					 actual authority over the conduct of business upon the licensed premises
					 without transfer of the license upon approval of the board.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.11.450
AS
						04.11.580
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 305.605 - Surrender of license

Current through May 31, 2024
Not later than 10 days after the loss or surrender of the
					 licensed premises, or if a licensee ceases to conduct business upon the
					 licensed premises for a period expected to continue for one month or more, the
					 licensee shall inform the board and surrender the license to the director. The
					 license will be reissued upon request when the conduct of business is resumed
					 or upon transferor the license.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.11.580
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 305.610 - Prohibited financial interest; representative or owner; management agreements

Current through May 31, 2024
(a) For the
				  purposes of
				  AS
				  04.11.450, an alcoholic beverage licensee may
				  enter into a management agreement with a person who does not have an ownership
				  interest in the alcoholic beverage license for the purpose of giving that
				  person responsibility for the day-to-day operations of an alcoholic beverage
				  license.
(b) A management agreement
				  under this section must be in writing and signed by a licensee or transferor
				  whose name is required to be provided with an application for a new or transfer
				  license under
				  AS
				  04.11.260 or
				  04.11.280, and by the non-licensee
				  or transferee agreeing to manage the operation of the business. A copy of the
				  signed, written management agreement must be filed with the Alcohol &
				  Marijuana Control Office. The licensee who signs the management agreement shall
				  notify the board of any change to the management agreement, including
				  expiration, termination, or amendment not later than 10 days after each change
				  to the management agreement occurs.
(c) A management agreement may not create a
				  mechanism for a manager who is not a licensee to derive profit from the sale of
				  alcohol in violation of
				  AS
				  04.11.450, including an agreement for a
				  manager to keep all profit above a certain amount of income when that profit
				  may be derived from the sale of alcoholic beverages.
(d) The director shall review a management
				  agreement for compliance with this section, and any errors or omissions must be
				  corrected by the licensee not later than 10 days after receipt of notification
				  of the error or omission. The director may declare a management agreement that
				  does not comply with this section void. A management agreement must comply with
				  AS
				  04.11.450(a),
				  AS
				  04.21.030, and
				  3 AAC 305.600 and contain language that indicates both
				  parties to the agreement have read, understand, and agree to comply with those
				  statutes and regulations.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.010
AS
						04.09.450
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 305.615 - Death of a sole licensee

Current through May 31, 2024
(a) Upon the death
				  of an individual who is the sole owner of a license or the sole owner of the
				  licensed entity, the business operating the license shall cease operation
				  unless and until a personal representative of the estate files the following
				  written documentation with the director:
(1)
				  proof that the personal representative has authority to act on behalf of the
				  licensee or the estate of the deceased; and
(2) a request to continue
				  operations.
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 305.620 - Death of an individual with a controlling interest in a license issued to a business entity

Current through May 31, 2024
(a) Upon the death
				  of an individual who owns a controlling interest in a partnership, including a
				  limited partnership, a limited liability company, or a corporation that holds a
				  license under AS 04 and this chapter, the business entity may continue to
				  operate the licensed business but shall file a transfer application as required
				  under AS
				  04.11.040 and
				  3 AAC 305.060 or a time extension request under (b) of
				  this section not later than 180 days after the individual's death. If the
				  business entity fails to file a transfer application or time extension by the
				  180-day deadline the business shall stop operation until the business entity
				  files a transfer application.
(b) A
				  business entity may submit a time extension request. If the board grants a time
				  extension, the extension may not exceed the time reasonably necessary to close
				  the affairs of the deceased individual, as determined by the board; however,
				  the board may extend an extension for good cause. A written request to extend
				  the applicable deadline must
(1) be submitted
				  to the board before the applicable deadline expires; however, the board may
				  approve a request that is submitted after the deadline if there is good cause
				  to approve the deadline extension; and
(2) include an estimated length of time
				  required for the extension from the business entity and a description of the
				  factors that support the requested timeline.
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 305.625 - Death of an individual with less than a controlling interest in a license issued to a business entity

Current through May 31, 2024
(a) Upon the death
				  of an individual who owns less than a controlling interest in a partnership,
				  including a limited partnership, a limited liability company, or a corporation
				  that holds a license under AS 04 and this chapter, the business entity may
				  continue to operate the licensed business but shall complete one of the
				  following not later than 180 days after the individual's death:
(1) a change of ownership report under
				  AS
				  04.11.045,
				  04.11.050, or
				  04.11.055;
(2) a transfer application if required by
				  AS
				  04.11.040 and
				  3 AAC 305.060;
(3) a time extension request under (b) of
				  this section.
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 305.640 - Seasonal license

Current through May 31, 2024
(a) Except as
				  provided in this section, the rights, privileges, and restrictions of a license
				  issued under AS 04 are limited to the interval stated on the seasonal
				  license.
(b) The holder of a
				  seasonal package store license or a seasonal retail license that serves alcohol
				  for consumption on the premises may purchase alcohol intended for resale not
				  more than 30 days before the seasonal license is effective. The holder of a
				  general wholesale license or a limited wholesale brewed beverage and wine
				  license may sell or deliver alcoholic beverages to a seasonal license holder
				  during the licensee's off-season as applicable to the license.
(c) The holder of a seasonal package store
				  license or a seasonal retail license that serves alcohol for consumption on the
				  premises may store alcohol in accordance with
				  AS
				  04.21.060 during the period of the year when
				  the seasonal license is not effective.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.200
AS
						04.09.210
AS
						04.09.220
AS
						04.09.230
AS
						04.09.240
AS
						04.09.250
AS
						04.09.270
AS
						04.09.280
AS
						04.09.300
AS
						04.09.310
AS
						04.09.350
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 305.650 - Alternating licensed premises

Current through May 31, 2024
Upon a licensee's written request accompanied by a detailed
					 premises diagram, the board may approve a portion of a premises of a retail
					 license licensed for onsite consumption to alternate as a licensed or
					 unlicensed premises under the following conditions:
(1) the request is made on a form prescribed
				  by the board, accompanied by a detailed premises diagram and $250
				  fee;
(2) approval will be granted
				  only if the board finds that use of the identified area as alternating premises
				  will stimulate tourism or promote activities open to the general
				  public;
(3) a debt that is incurred
				  during times when the identified area is unlicensed will be considered a debt
				  incurred in the operation of the licensed business for purposes of transfer of
				  the license under
				  AS
				  04.11.360;
(4) at any time with written notice to the
				  licensee, the board may withdraw its approval of use of the identified area as
				  alternating premises.
(5) a permit
				  issued under
				  AS
				  04.09.610,
				  04.09.620,
				  04.09.630,
				  04.09.645,
				  04.09.650,
				  04.09.660, and
				  04.09.685 may be exercised in the
				  alternating area during the times the identified area is unlicensed
				  premises;
(6) during times the
				  identified area is designated as an unlicensed premises, all alcoholic
				  beverages must either be removed from the identified area or be stored in a
				  location approved by the board to be secure from the public;
(7) a licensee may apply hours that it is
				  operating as an alternating unlicensed premises to meet the operating
				  requirement described under
				  AS
				  04.11.330(a)(3).
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
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 305.660 - Overlapping licensed premises

Current through May 31, 2024
(a) Except as
				  provided in (h) of this section, the board may approve an application for
				  overlapping premises for two or more licenses owned by the same person or group
				  of persons required to be identified in an application submitted under
				  AS
				  04.11.260. The application must be in writing
				  and include a detailed premises diagram. The board may approve an overlapping
				  premises application under the following conditions:
(1) licensed premises for manufacturer
				  licenses issued under
				  AS
				  04.09.020 (brewery manufacturer),
				  AS
				  04.09.030 (winery manufacturer), and
				  AS
				  04.09.040 (distillery manufacturer) may
				  overlap with each other as permissible under federal law;
(2) licensed premises for a manufacturer
				  license issued under
				  AS
				  04.09.020 (brewery manufacturer);
				  AS
				  04.09.030 (winery manufacturer), and
				  AS
				  04.09.040 (distillery manufacturer) may
				  overlap with a manufacturer direct shipment license issued under
				  AS
				  04.09.370;
(3) licensed premises for a manufacturer
				  license issued under
				  AS
				  04.09.020 (brewery manufacturer),
				  AS
				  04.09.030 (winery manufacturer), and
				  AS
				  04.09.040 (distillery manufacturer) may
				  overlap with the following retail licenses for consumption on the licensed
				  premises:
(A) beverage dispensary licenses
				  issued under
				  AS
				  04.09.200;
(B) restaurant or eating place licenses
				  issued under
				  AS
				  04.09.210;
(C) beverage dispensary tourism licenses
				  issued under
				  AS
				  04.09.350;
(D) brewery retail licenses issued under
				  AS
				  04.09.320;
(E) winery retail licenses issued under
				  AS
				  04.09.330;
(F) distillery retail licenses issued under
				  AS
				  04.09.340;
(G) seasonal restaurant or eating place
				  tourism licenses issued under
				  AS
				  04.09.360.
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 305.665 - Reseating wine served with a meal for removal from the licensed premises

Current through May 31, 2024
For the purposes of
					 AS
					 04.16.120(c), one opened
					 bottle of wine served with a meal may be removed from licensed premises
					 if
(1) the licensee reinserts the
				  original cork or a similar type of cork so that the top of the cork is flush
				  with the bottle opening and can only be removed by a corkscrew or other similar
				  device; or
(2) the licensee
				  replaces the original or a similar screw-on cap on the bottle tightly and seals
				  the cap with tamper-evident tape; and
(3) the licensee places the resealed bottle
				  in a single-use bag that has a tamper-evident seal and that is manufactured
				  expressly for the removal of partially consumed bottles of wine from licensed
				  premises.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.16.120
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 305.670 - Storing, warehousing, and transporting

Current through May 31, 2024
(a) Except as
				  provided in
				  AS
				  04.21.060, an alcoholic beverage licensee may
				  not stock, warehouse, or otherwise store alcoholic beverages in a place other
				  than the licensed premises.
(b)
				  Alcoholic beverages may not be sold or consumed at an approved storage
				  facility. Alcoholic beverages may not be removed from the facility except at
				  the direction of the licensee.
Authority:
AS
						04.06.010
AS 04.06.090
AS
						04.06.100
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 5 - Provisions Applicable to More Than One License Type › 3 AAC 305.680 - Keg registration

Current through May 31, 2024
(a) On a
				  registration form prescribed by the director or a local governing body with
				  jurisdiction over the sale or offer, a licensee or an agent or employee of a
				  manufacturer license described under
				  AS
				  04.09.020,
				  AS
				  04.09.030, or
				  AS
				  04.09.040 or a package store license issued
				  under AS
				  04.09.230 who sells or offers for sale a keg
				  or similar container holding four or more gallons of an alcoholic beverage
				  shall require a purchaser to show acceptable proof of age under
				  AS
				  04.21.050(b) and sign a
				  sworn statement.
(b) The licensee
				  shall complete the registration form required under (a) of this section and
				  affix to the keg or container a temporary tag with a unique identifier before
				  releasing the keg or container to the purchaser.
(c) The licensee shall retain a copy of the
				  registration form for one year and make the form available for
				  inspection.
(d) A keg or container
				  donated to a permittee under
				  AS
				  04.09.650 or
				  04.09.660 is exempt from the
				  requirements of (a) - (c) of this section.
(e) A keg or container owned and supplied by
				  a purchaser is exempt from the requirements in (a) - (c) of this
				  section.
(f) The temporary tag
				  required under
				  AS
				  04.21.012 shall be provided by the licensee.
				  The tag must
(1) consist of plastic metal,
				  paper, or durable material that is not easily damaged or destroyed;
(2) be attached to a keg at the time of sale
				  with a nylon tie or cording, wire tie, other metal attachment device, or other
				  durable means of tying or attaching the tag to the keg;
(3) contain:
(A) the licensee's name, address, and
				  telephone number;
(B) a prominently
				  visible warning that intentional removal or defacement of the tag is a
				  violation of
				  AS
				  04.21.012; and
(C) the unique identifying number from the
				  accompanying keg registration form.