3 Alaska Admin. Code § 305.070

Current through September 25, 2024
Section 3 AAC 305.070 - [Effective until 10/25/2024] Application for transfer of location
(a) An applicant to transfer an alcoholic beverage license or an alcoholic beverage license with one or more endorsements to a new location must file an application on a form prescribed by the board. The application must include the information and documentation described in this section. The application may be initiated and completed electronically.
(b) An application to transfer an alcoholic beverage license or an alcoholic beverage license with one or more endorsements to a new location must contain the information required by AS 04.11.260 for the new location and be executed as described under AS 04.11.260(a). The application must also contain proof of public notice under AS 04.11.310 and 3 AAC 305.075 for the new location and any petitions required under AS 04.11.460.
(c) In addition to the requirements set out in (b) of this section, an application for a transfer of an alcoholic beverage license or an alcoholic beverage license with one or more endorsements to a new location must contain the following:
(1) a copy of a deed, lease agreement, or other documentation that shows right or title to, or interest in, the land and buildings at the location of the business to be licensed;
(2) a statement identifying whether the transfer to a new location is subject to AS 04.11.400(k) and identifying the involved borough and incorporated city; and
(3) a non-refundable application fee under 3 AAC 305.145
(d) If a transfer of an alcoholic beverage license or an alcoholic beverage license with one or more endorsements to another location is subject to AS 04.11.400(k), before the application is submitted to the board:
(1) not more than 10 business days after the board office determines that the application is complete and the prerequisites of AS 04.11.400(k) are satisfied, the office of the board will notify the affected borough and incorporated city of the transfer of location application, and, if applicable, an accompanying transfer of license to another person; the notice will include
(A) the date the board office received the complete application;
(B) the license number;
(C) the present or previous business name of the license to be transferred;
(D) the names of the transferee and the transferor, if the application includes a request to transfer a license or a license with one or more endorsements to another person; and
(E) the proposed new location of the license;
(2) the borough and incorporated city affected by the transfer request under AS 04.11.400(k) may respond to the notice under (a) of this section not later than 60 days after receipt of the notice; the borough and incorporated city may request an extension of time to respond. The board may grant a request for an extension of up to 120 additional days;
(3) within the notification period, the borough and the municipality must provide written notification that they agree to the transfer under AS 04.11.400(k) to be approved by the office of the board; the board will not approve a transfer of location if the notification required by this paragraph is not received within the time allowed under (d)(2) of this section; if the borough and municipality timely respond, the board may consider whether to approve the relocation under 3 AAC 305.130.

3 AAC 305.070

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

Authority:AS 04.06.005

AS 04.06.090

AS 04.06.100

AS 04.11.045

AS 04.11.050

AS 04.11.260

AS 04.11.270

AS 04.11.280

AS 04.11.290

AS 04.11.450

AS 04.11.670