Section 3 AAC 305.105 - Selection among mutually exclusive and competing applications(a) Within an incorporated city, organized borough, or unified municipality, all competing applications, as defined in 3 AAC 305.100(c) will be considered together by the board under this section.(b) If affiliates, or persons who are related by birth or marriage, have filed competing applications for premises at a single location, the board will deny all but one of those applications.(c) The board will deny any competing applications which are required to be denied under AS 04.11.320, 04.11.340, 04.11.480, or 3 AAC 305.110. (d) If the denial of one or more competing applications under (b) or (c) of this section makes any other competing applications no longer mutually exclusive, the board will approve the applications that are no longer mutually exclusive.(e) If competing applications remain after the board takes action under (b), (c), or (d) of this section, the board may grant any applications the board considers to be most in the public interest. In determining the public interest, the board may consider factors including (1) the safety, suitability, and proximity of the proposed premises to other licensed premises;(2) the size of the proposed premises;(3) community amenities associated with the premises including entertainment, dining facilities, and tourist accommodations; and(4) preferences or priorities expressed by the local governing body.(f) If competing applications remain after the board takes action under (b), (c), (d), or (e) of this section, the board may conduct a drawing to determine which remaining competing applications to approve.(g) A competing application not granted under this section will be denied without prejudice to future application.(h) A license, with or without an endorsement, granted under this section will be issued after the time within which unsuccessful competing applicants may appeal the denial of their applications, and after all statutory requirements are met by the successful applicant.Eff. 1/1/2024, Register 248, January 2024Authority:AS 04.06.005
AS 04.06.090
AS 04.06.100
AS 04.11.260
AS 04.11.320
AS 04.11.340
AS 04.11.400
AS 04.11.480
AS 04.11.560