Section 04.11.460. Prior public approval.

   (a) A new license or the transfer of location of an existing license may not be approved by the board in an area outside but within 50 miles of the boundaries of a municipality unless a petition asking that the license be issued or transferred within the area containing signatures of a majority of the permanent residents residing within one mile of the proposed premises is filed with the board.
   (b) A license may not be issued in an area that is 50 miles or more from the boundaries of a municipality unless a petition asking that the license be issued within the area containing the signatures of two-thirds of the permanent residents residing within a radius of five miles of the United States post office station nearest to the proposed licensed premises, is filed with the board.  If there are two or more United States post office stations in the vicinity of the proposed licensed premises, the nearest to the premises constitutes the point of beginning under this subsection.  If there is no United States post office station within a radius of five miles of the proposed licensed premises, the applicant must obtain the signatures of two-thirds of the permanent residents residing within a five mile radius of the proposed licensed premises.  A petition is not required for the renewal of a license issued in accordance with this subsection unless specifically required by the board.
   (c) In this section, "permanent resident" means a person 21 years of age or older who has established a permanent place of abode.

Authorities

4.11.260; 4.11.290

Notes

Implemented As

3 AAC 304.115
3 AAC 304.615
3 AAC 304.905

References

3 AAC 304.905
AS 4.11.260 .260">Sec. 04.11.260. Application for new license or permit.
AS 4.11.290 .290">Sec. 04.11.290. Application for transfer of license location.

History

(Sec. 2 ch 131 SLA 1980; am Sec. 3 ch 109 SLA 1983)