Section 04.16.180. Penalties for violation.

   (a) Except as provided in AS 04.11.015, 04.11.150(g), AS 04.16.025, 04.16.050, 04.16.051, 04.16.200 - 04.16.210, and AS 04.21.065, a person who violates a provision of this title or a regulation adopted by the board is guilty, upon conviction, of a class A misdemeanor. Each violation is a separate offense.
   (b) A suspension or revocation of a license ordered by the board under AS 04.11.370(a)(4) and (5) shall be as follows:
        (1) on first conviction the license of the premises involved may not be revoked, but may be suspended for not more than 45 days;
        (2) on second conviction the license of the premises involved may not be revoked, but may be suspended for not more than 90 days;
        (3) on third conviction the license of the premises involved may be suspended or revoked.
   (c) This section does not affect the authority of the board to suspend or revoke a license when the board determines that continuance of activities under a license would not be in the best interests of the public.
   (d) In addition to other penalties provided in this chapter, the court may require a person convicted of an offense under this chapter who was less than 21 years of age at the time the person committed the offense to pay for and enroll in a juvenile alcohol safety action program if one is available.
   (e) In this section, the terms "second conviction" and "third conviction" include only convictions for violations that occur within five years of the first conviction. The terms refer to the cumulative number of convictions of a licensee of any combination of violations of the provisions of this title, regulations adopted under this title, or ordinances adopted under AS 04.21.010.  The terms "second conviction" and "third conviction" include a conviction of the agent or employee of a licensee of a violation of a law, regulation, or ordinance if the conviction constitutes a ground for suspension or revocation under AS 04.11.370(a)(5).

Authorities

4.11.510

Notes

References

AS 4.11.510 .510">Sec. 04.11.510. Procedure for action on license applications, suspensions, and revocations.

History

(Sec. 3 ch 131 SLA 1980; am Sec. 10 ch 156 SLA 1988; am Sec. 1 ch 81 SLA 1989; am Sec. 2 ch 46 SLA 1994; am Sec. 2 ch 81 SLA 1995; am Sec. 36 ch 101 SLA 1995; am Sec. 3 ch 65 SLA 2001; am Sec. 13 ch 25 SLA 2007; am Sec. 3 ch 86 SLA 2010)