Section 04.11.370. Suspension and revocation of licenses and permits.

   (a) A license or permit shall be suspended or revoked if the board finds
        (1) misrepresentation of a material fact on an application made under this title or a regulation adopted under this title;
        (2) continuation of the manufacture, sale, or service of alcoholic beverages by the licensee or permittee would be contrary to the best interests of the public;
        (3) failure on the part of the licensee to correct a defect that constitutes a violation of this title, a condition or restriction imposed by the board, a regulation adopted under this title, or other laws after receipt of notice issued by the board or its agent;
        (4) conviction of a licensee of a violation of this title, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010;
        (5) conviction of an agent or employee of a licensee of a violation of this title, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010, if the licensee is found by the board to have either knowingly allowed the violation or to have recklessly or with criminal negligence failed to act in accordance with the duty prescribed under AS 04.21.030 with the result that the agent or employee violates a law, regulation, or ordinance;
        (6) failure of the licensee to comply with the public health, fire, or safety laws and regulations in the state;
        (7) use of the licensed premises as a resort for illegal possessors or users of narcotics, prostitutes, or sex traffickers; in addition to any other legally competent evidence, the character of the premises may be proved by the general reputation of the premises in the community as a resort for illegal possessors or users of narcotics, prostitutes, or sex traffickers;
        (8) occurrence of illegal gambling within the limits of the licensed premises;
        (9) the licensee permitted a public offense involving moral turpitude to occur on the licensed premises;
        (10) violation by a licensee of this title, a condition or restriction imposed by the board, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010; or
        (11) violation by an agent or employee of a licensee of a provision of this title, a condition or restriction imposed by the board, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010, if the licensee is found by the board to have either knowingly allowed the violation or to have recklessly or with criminal negligence failed to act in accordance with the duty prescribed under AS 04.21.030 with the result that the agent or employee violates the law, condition or restriction, regulation, or ordinance.
   (b) If the board finds that a licensee or permittee has been convicted of a violation of a criminal law related to gambling under AS 11.66.200 - 11.66.280, the board shall suspend the license or permit for a period of at least six months if the offense is the person's first conviction or violation and shall revoke the license or permit if the offense is the person's second or subsequent conviction or violation.
   (c) If the board receives notice from the Department of Revenue that a licensee or permittee has violated a provision of AS 05.15 related to gambling, the board
        (1) may suspend the license or permit; and
        (2) shall suspend the license or permit for a period of at least 30 days if the offense is the person's second or subsequent violation of AS 05.15 related to gambling.

Authorities

4.11.510; 4.11.530; 4.11.535; 4.11.575; 4.16.180; 4.21.065

Notes

Recent Bills that will modify this

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

Implemented As

3 AAC 304.180
3 AAC 304.535
3 AAC 304.545
3 AAC 304.650

References

3 AAC 304.525
3 AAC 304.535
AS 4.11.510 .510">Sec. 04.11.510. Procedure for action on license applications, suspensions, and revocations.
AS 4.11.530 .530">Sec. 04.11.530. Consideration of reports.
AS 4.11.535 .535">Sec. 04.11.535. Suspension and revocation based on acts of employees.
AS 4.11.575 .575">Sec. 04.11.575. Civil fine.
AS 4.16.180 .180">Sec. 04.16.180. Penalties for violation.
AS 4.21.065 .065">Sec. 04.21.065. Posting of warning signs.

History

(Sec. 2 ch 131 SLA 1980; am Sec. 2 ch 37 SLA 1986; am Sec. 16, 17 ch 101 SLA 1995; am Sec. 2 ch 1 TSSLA 2012)