Section 04.11.320. Denial of new licenses and permits.

   (a) An application requesting issuance of a new license shall be denied if
        (1) the board finds, after review of all relevant information, that issuance of the license would not be in the best interests of the public;
        (2) issuance of the license is prohibited by AS 04.11.410, relating to location of premises near churches and schools;
        (3) the application has not been completed in accordance with AS 04.11.260;
        (4) issuance of the license would violate the restrictions pertaining to the particular license imposed under this title;
        (5) issuance of the license is prohibited under this title as a result of an election conducted under AS 04.11.507;
        (6) the requirements of AS 04.11.420 - 04.11.450 relating to zoning, ownership and location of the license, and the identity and financing of a licensee have not been met;
        (7) issuance of the license is prohibited under AS 04.11.400(a) or prohibition of issuance of the license is found necessary under AS 04.11.400(b);
        (8) the application contains false statements of material fact;
        (9) the license is sought for the sale of alcoholic beverages in a first or second class city where there are no licensed premises at the time of application unless a majority of the voters have voted not to approve a local option to restrict or prohibit the sale of alcoholic beverages under AS 04.11.491, have voted to approve a local option to allow the type of premises under AS 04.11.491(a)(2) or (3), or have voted to remove a restriction or prohibition on the sale of alcoholic beverages under AS 04.11.495; or
        (10) the license is sought for the sale of alcoholic beverages in an established village where there are no licensed premises at the time of application unless a majority of the voters have voted not to approve a local option to restrict or prohibit the sale of alcoholic beverages under AS 04.11.491, have voted to approve a local option to allow the type of premises under AS 04.11.491(b)(2), or have voted to remove a restriction or prohibition on the sale of alcoholic beverages under AS 04.11.495.
   (b) An application requesting issuance of a new permit shall be denied if
        (1) the board finds, after review of all relevant information, that issuance of the permit would not be in the best interests of the public;
        (2) the board finds that any of the statements made in the application are untrue;
        (3) the application has not been completed in accordance with AS 04.11.260; or
        (4) the permit is sought for the sale of alcoholic beverages in a first or second class city or established village where there are no licensed premises at the time of application unless a majority of the voters have voted not to approve a local option to restrict or prohibit the sale of alcoholic beverages under AS 04.11.491, have voted to approve a local option to allow the type of permit under AS 04.11.491(a)(2) or (b)(2), or have voted to remove a restriction or prohibition on the sale of alcoholic beverages under AS 04.11.495.

Authorities

4.11.365

Notes

Recent Bills that will modify this

HB 185 ALCOHOLIC BEVERAGE CONTROL
SB 99 ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG

Implemented As

3 AAC 304.110
3 AAC 304.112
3 AAC 304.180
3 AAC 304.325
3 AAC 304.545
3 AAC 304.675

References

3 AAC 304.112
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.

History

(Sec. 2 ch 131 SLA 1980; am Sec. 12 ch 101 SLA 1995; am Sec. 11 ch 74 SLA 1999)