Section 04.11.360. Denial of transfer of a license to another person.

An application requesting approval of a transfer of a license to another person under this title shall be denied if
        (1) the board finds, after review of all relevant information, that transfer of a license to another person would not be in the best interests of the public;
        (2) the application has not been completed in accordance with AS 04.11.280;
        (3) the application contains false statements of material fact;
        (4) the transferor has not paid all debts or taxes arising from the conduct of the business licensed under this title unless
             (A) the transferor gives security for the payment of the debts or taxes satisfactory to the creditor or taxing authority; or
             (B) the transfer is under a promise given as collateral by the transferor to the transferee in the course of an earlier transfer of the license under which promise the transferor is obliged to transfer the license back to the transferee in the event of default in payment for property conveyed as part of the earlier transfer of the license;
        (5) transfer of the license to another person would result in violation of the provisions of this title relating to identity of licensees and financing of licensees;
        (6) transfer of the license to another person would violate the restrictions pertaining to the particular license under this title;
        (7) transfer of the license to another person is prohibited under the provisions of this title as a result of an election conducted under AS 04.11.507;
        (8) the prospective transferee does not have the qualifications required under this title of an original applicant;
        (9) the license was issued under AS 04.11.100(f) or 04.11.400(g); however, this paragraph does not apply to a beverage dispensary license issued before June 6, 1985, under former AS 04.11.400(j) if the transfer does not involve a change in location; or
        (10) the license was issued under AS 04.11.135, unless the transferor is also applying to transfer the beverage dispensary license required under AS 04.11.135 to the same transferee.

Authorities

4.11.135; 4.11.340

Notes

Recent Bills that will modify this

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

Implemented As

3 AAC 304.145
3 AAC 304.175
3 AAC 304.180

References

3 AAC 304.107
3 AAC 304.145
3 AAC 304.196
3 AAC 304.305
3 AAC 304.325
3 AAC 304.660
AS 4.11.135 .135">Sec. 04.11.135. Brewpub license.
AS 4.11.340 .340">Sec. 04.11.340. Denial of request for relocation.

History

(Sec. 2 ch 131 SLA 1980; am Sec. 4 ch 111 SLA 1988; am Sec. 15 ch 101 SLA 1995; am Sec. 7 ch 41 SLA 2005)