Section 04.11.100. Restaurant or eating place license.

   (a) A restaurant or eating place license authorizes a restaurant or eating place to sell beer and wine for consumption only on the licensed premises.
   (b) A license may be issued under this section only if the board determines that the premises to be licensed are a bona fide restaurant or eating place.
   (c) A license may be issued under this section only if the sale and service of food and alcoholic beverages and any other business conducted on the licensed premises of the restaurant or eating place is under the sole control of the licensee.
   (d) The biennial fee for a restaurant or eating place license is $600.
   (e) A license may be renewed under this section only if the licensee provides evidence to the board's satisfaction that gross receipts from the sale of food upon the licensed premises constitute no less than 50 percent of the gross receipts of the licensed premises for each of the two preceding calendar years.
   (f) Notwithstanding the provisions of (b) of this section, upon written application and approval of the local governing body, the board may renew a restaurant or eating place license and exempt the licensee from the requirements of (b) of this section if the license was issued under the provisions of this subsection before October 1, 1996. The board may not
        (1) renew a license as provided under this subsection if
             (A) the renewal would result in more than one exempt restaurant or eating place license for every 10 restaurant or eating place licenses allowed under the provisions of AS 04.11.400(a)(2) or (3);
             (B) the premises would be located in a building having a public entrance within 200 feet of the boundary line of a school or a church building in which religious services are being regularly conducted; for purposes of this subparagraph, the 200-foot prohibition is measured from the outer boundary line of the school or the public entrance of the church building by the shortest pedestrian route to the nearest public entrance of the restaurant or eating place; or
        (2) transfer an exempt license issued under this subsection to another person.
   (g) A restaurant or eating place licensee
        (1) operating under a license issued under (f) of this section shall offer a full-service menu of food items available to the public during all times that beer or wine is served or consumed; the menu must be approved by the board;
        (2) may only provide entertainment on the licensed premises between the hours of 3:00 p.m. and 11:00 p.m. unless approved by the director after written request by the licensee for a specific occasion; in this paragraph, "entertainment" includes dancing, karaoke, live performances, or similar activities, but does not include recorded or broadcast performances without live participation.

Authorities

4.11.360; 4.11.365; 4.11.491;18.56.230

Notes

Implemented As

3 AAC 304.305
3 AAC 304.680
3 AAC 304.695
3 AAC 304.697

References

3 AAC 304.305
AS 4.11.360 .360">Sec. 04.11.360. Denial of transfer of a license to another person.
AS 4.11.365 .365">Sec. 04.11.365. Licensed premises in multi-unit residential housing developments owned or financed by the Alaska Housing Finance Corporation.
AS 4.11.491 .491">Sec. 04.11.491. Local options.
AS 18.56.230 Commercial use in a multi-unit residential housing development owned or financed by the corporation; limitations.

History

(Sec. 2 ch 131 SLA 1980; am Sec. 4 ch 93 SLA 1985; am Sec. 2, 3 ch 63 SLA 1993; am Sec. 5 ch 101 SLA 1995; am Sec. 1, 2 ch 136 SLA 1996)