Section 04.21.010. Municipal regulation and taxation.

   (a) A municipality may adopt ordinances governing the importation, barter, sale, and consumption of alcoholic beverages within the municipality and may ban possession of alcoholic beverages under AS 04.11.491(a)(5). An ordinance adopted under this section may not be inconsistent with this title or regulations adopted under this title. In a municipality that has adopted a local option under AS 04.11.491(a)(1), (2), or (3), an ordinance is not inconsistent with this title if it limits
        (1) the monthly amounts of alcoholic beverages a person may import into the municipality;
        (2) the percent of alcohol by volume that an alcoholic beverage may contain; a limit imposed under this paragraph may not be less than 40 nor more than 76 percent alcohol by volume; or
        (3) the type of alcoholic beverage container that may be possessed in the municipality.
   (b) After the adoption of a local option under AS 04.11.491(a), a municipality may adopt an ordinance making the sale, importation, or possession of alcoholic beverages a misdemeanor to the extent prohibited under the local option. The ordinance may not be inconsistent with this title or the regulations adopted under this title.
   (c) A municipality may not impose taxes on alcoholic beverages except a
        (1) property tax on alcoholic beverage inventories;
        (2) sales tax on alcoholic beverage sales if sales taxes are imposed on other sales within the municipality;
        (3) sales tax on alcoholic beverage sales that was in effect before July 1, 1985; and
        (4) sales and use tax on alcoholic beverages if the sale of alcoholic beverages within the municipality has been prohibited under AS 04.11.491(a)(1), (4), or (5).
   (d) At least 10 days before the date set for municipal action on an application for the issuance, renewal, relocation, or transfer of ownership of a proposed license, the municipality shall provide written notice of the proposed action and the time and place for a hearing to a community council that
        (1) is established by municipal charter or ordinance to advise the municipal governing body; and
        (2) has jurisdiction over the area affected by the proposed action.

Authorities

4.11.270; 4.11.370; 4.11.575; 4.16.010; 4.16.025; 4.16.180; 4.21.015;12.55.025;29.35.080;29.45.650

Notes

Implemented As

3 AAC 304.640
3 AAC 304.642
3 AAC 304.645

References

3 AAC 304.642
3 AAC 304.645
3 AAC 304.650
AS 4.11.270 .270">Sec. 04.11.270. Application for renewal of license or permit.
AS 4.11.370 .370">Sec. 04.11.370. Suspension and revocation of licenses and permits.
AS 4.11.575 .575">Sec. 04.11.575. Civil fine.
AS 4.16.010 .010">Sec. 04.16.010. Hours of sale and presence on licensed premises (standard closing hours).
AS 4.16.025 .025">Sec. 04.16.025. Illegal presence on premises involving alcoholic beverages.
AS 4.16.180 .180">Sec. 04.16.180. Penalties for violation.
AS 4.21.015 .015">Sec. 04.21.015. Private manufacture of alcoholic beverages.
AS 12.55.025 Sentencing procedures.
AS 29.35.080 Alcoholic beverages.
AS 29.45.650 Sales and use tax.

History

(Sec. 4 ch 131 SLA 1980; am Sec. 20 ch 74 SLA 1985; am Sec. 19 ch 93 SLA 1985; am Sec. 9 ch 80 SLA 1986; am Sec. 11, 12 ch 156 SLA 1988; am Sec. 50 - 52 ch 101 SLA 1995)