3 Alaska Admin. Code § 305.615

Current through October 17, 2024
Section 3 AAC 305.615 - Death of a sole licensee
(a) Upon the death of an individual who is the sole owner of a license or the sole owner of the licensed entity, the business operating the license shall cease operation unless and until a personal representative of the estate files the following written documentation with the director:
(1) proof that the personal representative has authority to act on behalf of the licensee or the estate of the deceased; and
(2) a request to continue operations.
(b) Upon the director's validation of the personal representative's authority licensee's estate and if the director has not filed or will not file an accusation seeking suspension or revocation of the license, the director will grant permission to operate the business upon the licensed premises as permitted under AS 04.11.030. Under this subsection, permission to operate the business upon the licensed premises expires upon
(1) legal appointment of a different personal representative of the licensee's estate;
(2) approval of an application for transfer of the license submitted in accordance with 3 AAC 305.060; or
(3) license forfeiture in accordance with AS 04.11.030(b).
(c) An application for transfer of a license from a deceased licensee must comply with the time limitations set out in AS 04.11.030(b). An applicant who fails to comply with the provisions of AS 04.11.030(b) forfeits the license unless the board approves a written request to extend the applicable deadline from the personal representative of the licensee's estate. If the board grants a deadline extension, the extension may not exceed the time reasonably necessary to close the affairs of the deceased individual, as determined by the board. A written request to extend the applicable deadline must
(1) be submitted to the board before the applicable deadline expires; however, the board may approve a request that is submitted after the deadline if
(A) there is good cause to approve the deadline extension; and
(B) the license is still available for transfer; and
(2) include an estimated length of time required for the extension from the personal representative and a description of the factors that support the requested timeline.
(d) In this section, " personal representative " includes an agent within the meaning given in AS 13.06.050.

3 AAC 305.615

Eff. 1/1/2024, Register 248, January 2024

Authority:AS 04.06.090

AS 04.06.100

AS 04.09.010

AS 04.09.040

AS 04.11.030