3 Alaska Admin. Code § 305.130

Current through September 25, 2024
Section 3 AAC 305.130 - Consideration of transfer of location of a license under AS 04.11.400(k)
(a) An application to transfer a license under AS 04.11.400(k) in a borough with a population of 50,000 or more into or within an incorporated city in the borough must comply with the notice requirements set out in AS 04.11.280, 04.11.290, and 3 AAC 305.070(d), as applicable. The criteria for denial of an application to transfer an alcoholic beverage license to another location as set out in AS 04.11.340 and denial of an application to transfer an alcoholic beverage license to another person as set out in AS 04.11.360 also apply to an application to transfer a license under AS 04.11.400(k). The notice requirements set out in this section apply to an application to transfer
(1) an alcoholic beverage dispensary license issued under AS 04.09.200 to a restaurant, eating place, hotel, motel, resort, or similar business that contains a restaurant or eating place,
(2) a package store license issued under AS 04.09.230;
(3) a brewery retail license issued under AS 04.09.320;
(4) a winery retail license issued under AS 04.09.330; or
(5) a distillery retail license issued under AS 04.09.340.
(b) If the board approves an application to transfer a license issued under AS 04.11.400(k), the license becomes a license of the municipality in the new location. The license may be transferred to a new location and new person within the receiving municipality. If a license is transferred with a security interest under AS 04.11.360(4)(B) and 04.11.670, the retransfer back to the previous owner may not be made to the location of the former municipality.
(c) A license located in a municipality as a result of annexation is not counted as a new license for the purposes of AS 04.11.400(k).
(d) When the board receives multiple applications to relocate a license under AS 04.11.400(k) and the board has not allowed three relocations in that decade, the board will approve the completed application that the board received first, if the application meets other applicable requirements of AS 04 and this chapter.

3 AAC 305.130

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

Authority:AS 04.06.005

AS 04.06.090

AS 04.06.100

AS 04.11.400