Section 3 AAC 305.110 - Factors for consideration; denial of application(a) In determining whether to grant an application for an alcoholic beverage license, alcoholic beverage license with one or more endorsements, or an endorsement, the board may consider the following factors: (1) the applicant's and the applicant's affiliates' histories of felony conviction in this state, the United States, or another state or territory of the United States during the 15 years immediately preceding the date of application;(2) the applicant's or the applicant's affiliates'(A) violation of AS 04 or regulations adopted by the board; or(B) violation of the alcoholic beverage control laws of another state, as a licensee of that state;(3) whether the applicant or the applicant's affiliates are untrustworthy, unfit to conduct a licensed business, or a potential source of harm to the public; (4) whether the applicant or the applicant's affiliates have permitted, on licensed premises belonging to the applicant, the occurrence of sexual contact between persons; for the purpose of this paragraph, "sexual contact" has the meaning given in AS 11.81.900(b);(5) whether the application is not complete as required by an applicable provision of AS 04 and 3 AAC 305.101 - 3 AAC 305.165 or contains a false or misleading statement;(6) whether the license or endorsement would violate any requirement of the license or endorsement under AS 04 or this chapter;(7) whether the license or endorsement would violate any particular restriction applicable to the particular license or endorsement authorized under AS 04 or this chapter;(8) whether the license or endorsement is prohibited under this chapter as a result of an ordinance or election conducted under AS 04.11.491;(9) whether a protest by the local governing body is not arbitrary, capricious, or unreasonable;(10) all other factors identified in AS 04.11.320 that are present and of concern; and(11) all other factors the board determines relevant to the public interest.(b) For an application for renewal of a license or for consideration of continued operation of a license, in addition to applicable factors identified in (a) of this section, the board may consider whether(1) the license or endorsement has been operated in violation of a condition or restriction the board previously imposed;(2) the applicant has lost the right to possession of the licensed premises;(3) the applicant has satisfied the minimum operating requirements;(4) the applicant is delinquent in the payment of taxes due in whole or in part from operation of the licensed business; and(5) other factors identified at AS 04.11.330 are present.(c) For an application for transfer of a license to another person, in addition to applicable factors identified in (a) of this section, the board may consider whether (1) the transferor has not paid all debts or taxes arising from the operation of the business licensed under this chapter, unless the transferor gives security for the payment of the debts or taxes satisfactory to the creditor or taxing authority;(2) the transfer of the license to another person would result in violation of the provisions of AS 04 and this chapter relating to identity of licensees and financing of licensees;(3) the prospective transferee does not have the qualifications of an original applicant required under AS 04 or this chapter; and(4) other factors identified at AS 04.11.360 are present.(d) For an application for transfer of location of an alcoholic beverage license, in addition to applicable factors identified in (a) of this section, the board may consider whether (1) the new location would violate any requirement of the license under AS 04 or this chapter;(2) the license would violate any particular restriction applicable to the particular license authorized under AS 04 or this chapter;(3) the license is prohibited under this chapter as a result of an ordinance or election conducted under AS 04.11.491; and (4) other factors identified at AS 04.11.340 are present.(e) A local governing body may use the factors set out in (a) of this section to properly protest an alcoholic beverage application under AS 04.11.480 and 3 AAC 305.085.(f) The board may deny an alcoholic beverage license application if the board finds that any of the applicable discretionary factors set out in (a) - (d) of this section do not support the application's approval. The board will deny an application if (1) approving the application would violate any mandatory provision of or restriction under AS 04 or this chapter;(2) if denial is required under AS 04.11.320, 04.11.330, 04.11.340, or 04.11.360;(3) if denial is required under 3 AAC 305.090, 3 AAC 305.100, 3 AAC 305.120 -.130, or 3 AAC 305.160; or(4) if the board concludes a protest of a local governing body is not arbitrary, capricious, or unreasonable.(g) The board has discretion to approve a license application but deny an endorsement application for the approved license.Eff. 1/1/2024, Register 248, January 2024Authority:AS 04.06.005
AS 04.06.090
AS 04.06.100
AS 04.11.320
AS 04.11.330
AS 04.11.340
AS 04.11.360
AS 04.11.370
AS 04.11.480