Section 3 AAC 305.630 - Licensed premises(a) A license is issued for a specific place which is the licensed premises, and which must be clearly designated in a line drawing accompanying an application. The address of the proposed licensed premises and the business name under which the licensee is going conduct business must be indicated on the license application.(b) With the exception of a recreational site license, sporting activity or event license, destination resort license, or outdoor seating area under (g) of this section, the licensed premises must be one area. A licensed premises may include separate rooms if the rooms are contiguous and connected to one another or if they are rooms designated as the licensed premises of a destination resort lodge, beverage dispensary tourism license, or beverage dispensary licensee that holds a hotel or motel endorsement. If the licensed premises consist of more than one room in which a fixed counter is regularly maintained, a multiple fixed counter endorsement is required for the additional rooms. A recreational site license, destination resort license, or licensee with an outdoor seating area under (g) of this section may have multiple separate licensed premises areas with the approval of the board.(c) A licensee shall conspicuously post the license within the licensed premises.(d) A licensee may not alter the functional floor plan, reduce, or expand the area, or change the business name of the licensed premises without the prior written approval of the director. The licensee shall provide a new line drawing showing the proposed changes in the premises. A licensee shall pay a fee of $250 to change the business name or line drawing of the licensee's licensed premises if the name or line drawing change is not part of an application for transfer of ownership or location. A request for a business name or line drawing change for a licensed premises that is not part of a license transfer application must be made on a form prescribed by the board.(e) If a business establishment or facility consists of both licensed premises and an unlicensed area, the licensee shall clearly segregate the licensed premises and the unlicensed area.(f) A licensee may request to have a portion of its licensed premises alternate as licensed or unlicensed premises on a seasonal basis under the following conditions: (1) the request is made on a form prescribed by the board, accompanied by a detailed premises diagram and $250 fee;(2) a debt that is incurred during times when the identified area is unlicensed will be considered a debt incurred in the operation of the licensed business for purposes of transfer of license under AS 04.11.360;(3) at any time with written notice to the licensee, the board may withdraw its approval of use of the identified area as alternating premises; and(4) during times the identified area is designated as an unlicensed premises, all alcoholic beverages must either be removed from the identified area or be stored in a location approved by the board to be secure from the public.(g) A licensed premises may include an outdoor seating area located on the portion of a public street or sidewalk contiguous with a building or structure licensed by the board, if the licensee is granted sole control of the public street or sidewalk by the local government during the licensee's business hours.(h) Notwithstanding (a) - (f) of this section, a licensee with an approved outdoor seating area under (g) of this section may permit an agent or employee to take an alcoholic beverage across the portion of the public right of way that is still open to the public to access the outdoor seating area. Under this subsection, the local government with jurisdiction over the licensee must grant the licensee sole control of the outdoor seating area during the licensee's business hours.(i) Notwithstanding (a) - (f) of this section, a licensee with an approved licensed premises that includes non-contiguous rooms may permit an agent or employee to take an alcoholic beverage through a passage linking non-contiguous areas during the licensee's business hours if the passage is part of the undesignated portion of the premises during its regular business hours.(j) Notwithstanding the definitions set out under (a) of this section, the board may approve a non-contiguous, non-adjacent, or non-adjoining licensed premises as it existed before January 1, 2024. The board may also approve the transfer of ownership of a license subject to this section and maintain the non-contiguous, non-adjacent, or non-adjoining licensed premises.Eff. 1/1/2024, Register 248, January 2024Authority:AS 04.06.090
AS 04.06.100
AS 04.09.010
AS 04.21.480