Section 04.11.400. Population limitations.

   (a) Except as provided in (d) - (k) of this section, a new license may not be issued and the board may prohibit relocation of an existing license
        (1) outside an established village, incorporated city, unified municipality, or organized borough if, after the issuance or relocation, there would be (A) more than one restaurant or eating place license for each 1,500 population or fraction of that population, or (B) more than one license of each other type, including licenses that have been issued under (d) or (e) of this section, for each 3,000 population or fraction of that population, in a radius of five miles of the licensed premises, excluding the populations of established villages, incorporated cities, unified municipalities, and organized boroughs that are wholly or partly included within the radius;
        (2) inside an established village, incorporated city, or unified municipality if, after the issuance or relocation, there would be inside the established village, incorporated city, or unified municipality
             (A) more than one restaurant or eating place license for each 1,500 population or fraction of that population; or
             (B) more than one license of each other type, including licenses that have been issued under (d) or (e) of this section, for each 3,000 population or fraction of that population;
        (3) inside an organized borough but outside an established village or incorporated city located within the borough if, after the issuance or relocation, there would be inside the borough, but outside the established villages and incorporated cities located within the borough,
             (A) more than one restaurant or eating place license for each 1,500 population or fraction of that population; or
             (B) more than one license of each other type, including licenses that have been issued under (d) or (e) of this section, for each 3,000 population or fraction of that population excluding the population of those established villages that have adopted a local option under AS 04.11.491(b)(1), (3), or (4), and excluding the population of incorporated cities located within the organized borough.
   (b) If the radius described in (a)(1) of this section encompasses all of an established village, incorporated city, or unified municipality and the population resident inside and outside the established village, incorporated city, or unified municipality but inside the radius described in (a)(1) of the section is less than 3,000, the board may deny the issuance or relocation of the license.
   (c)   [Repealed, Sec. 88 ch 74 SLA 1985].
   (d) The board may approve the issuance or transfer of ownership of a beverage dispensary or restaurant or eating place license without regard to (a) of this section if it appears that the issuance or transfer will encourage the tourist trade by encouraging the construction or improvement of
        (1) a hotel, motel, resort, or similar business relating to the tourist trade with a dining facility or having kitchen facilities in a majority of its rental rooms and at least a minimum number of rental rooms required according to the population of the established village, incorporated city, unified municipality, or population area established under (a) of this section in which the facility will be located, as follows:
             (A) 10 rental rooms if the population is less than 1,501;
             (B) 20 rental rooms if the population is 1,501 - 2,500;
             (C) 25 rental rooms if the population is 2,501 - 5,000;
             (D) 30 rental rooms if the population is 5,001 - 15,000;
             (E) 35 rental rooms if the population is 15,001 - 25,000;
             (F) 40 rental rooms if the population is 25,001 - 50,000; and
             (G) 50 rental rooms if the population is greater than 50,000; or
        (2) an airport terminal.
   (e) The board may approve the issuance or transfer of ownership of a restaurant or eating place license without regard to (a) of this section if
        (1) the premises of the restaurant or eating place are more than 18 miles from the corporate limits of a city or unified municipality;
        (2) the premises will serve food to the traveling public; and
        (3) the board finds that the public convenience will be served by the issuance or transfer.
   (f) An application requesting a transfer of location of licensed premises limited under (a) or (b) of this section shall be granted without regard to (a) of this section if the new location is less than one mile from the original location and
        (1) no ground for denial exists under AS 04.11.340(1) or (3); and
        (2) relocation of the licensed premises is necessary due to
             (A) termination of a lease or rental agreement;
             (B) condemnation of the premises;
             (C) the substantial destruction of the premises by any cause.
   (g) The board may approve the issuance or transfer of ownership of a restaurant or eating place license in a municipality without regard to (a) of this section if the board finds that issuance or transfer of the license is necessary for the public convenience.
   (h) Except as provided in (f) of this section, within an incorporated city, unified municipality or an organized borough, a new club license may be issued, and the relocation of an existing club license may be approved by the board if
        (1) the issuance or relocation of club licenses under the population limitation contained in (2) of this subsection has been approved by resolution adopted by the incorporated city, unified municipality, or organized borough within which the club license is to be issued or relocated; and
        (2) after issuance or relocation there would not be, inside the incorporated city or unified municipality, or inside the organized borough but outside the incorporated cities located within the borough, more than one club license for each 1,500 population or fraction of 1,500 population.
   (i) This section does not apply to a golf course license issued under AS 04.11.115.
   (j) The board may approve the issuance of an outdoor recreation lodge license without regard to (a) of this section if it appears that the issuance will encourage the tourist trade by encouraging the construction or improvement of a business relating to the tourist trade and the business meets the requirements for issuance of the license under AS 04.11.225.
   (k) The board may allow the relocation of an existing beverage dispensary license under AS 04.11.090 to a restaurant, eating place, or hotel, motel, resort, or similar business that contains a restaurant or eating place, in a borough with a population of 60,000 or more if the governing body of the borough approves the relocation. However, if the relocation of the license is into or within an incorporated city in the borough, the board may not approve the relocation unless the governing bodies of both the borough and the incorporated city approve the relocation. The board may allow not more than three relocations in a borough under this subsection each decade. In this subsection, "decade" means each 10-year period beginning April 1 in a year ending in zero.
   (l) In (a)(1) of this section, "population" includes only those persons residing inside the radius not later than the date the application is received by the board and not earlier than 60 days before the application is received by the board.
   (m) In (a)(2) and (3) of this section, "population" includes only those persons residing inside the established village, incorporated city, unified municipality, or organized borough as of December 31 of the year preceding the date of application.
   (n) In this section "radius" means the circular area or distance limited by the sweep of a straight line originating at the proposed licensed premises and extending outward.

Authorities

4.11.100; 4.11.320; 4.11.330; 4.11.340; 4.11.360

Notes

Recent Bills that will modify this

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

Implemented As

3 AAC 304.100
3 AAC 304.110
3 AAC 304.112
3 AAC 304.175
3 AAC 304.196
3 AAC 304.197
3 AAC 304.325
3 AAC 304.335
3 AAC 304.905

References

3 AAC 304.110
3 AAC 304.175
3 AAC 304.196
3 AAC 304.197
3 AAC 304.325
3 AAC 304.335
3 AAC 304.905
AS 4.11.100 .100">Sec. 04.11.100. Restaurant or eating place license.
AS 4.11.320 .320">Sec. 04.11.320. Denial of new licenses and permits.
AS 4.11.330 .330">Sec. 04.11.330. Denial of license or permit renewal.
AS 4.11.340 .340">Sec. 04.11.340. Denial of request for relocation.
AS 4.11.360 .360">Sec. 04.11.360. Denial of transfer of a license to another person.

History

(Sec. 2 ch 131 SLA 1980; am Sec. 88 ch 74 SLA 1985; am Sec. 9 - 16 ch 93 SLA 1985; am Sec. 3, 4 ch 17 SLA 1988; am Sec. 1 ch 23 SLA 1995; am Sec. 19 ch 101 SLA 1995; am Sec. 3, 4 ch 125 SLA 1998; am Sec. 8, 9 ch 41 SLA 2005; am Sec. 6, 7 ch 25 SLA 2007)