Section 3 AAC 305.660 - [Effective until 10/25/2024] Overlapping licensed premises(a) Except as provided in (h) of this section, the board may approve an application for overlapping premises for two or more licenses owned by the same person or group of persons required to be identified in an application submitted under AS 04.11.260. The application must be in writing and include a detailed premises diagram. The board may approve an overlapping premises application under the following conditions: (1) licensed premises for manufacturer licenses issued under AS 04.09.020 (brewery manufacturer), AS 04.09.030 (winery manufacturer), and AS 04.09.040 (distillery manufacturer) may overlap with each other as permissible under federal law;(2) licensed premises for a manufacturer license issued under AS 04.09.020 (brewery manufacturer); AS 04.09.030 (winery manufacturer), and AS 04.09.040 (distillery manufacturer) may overlap with a manufacturer direct shipment license issued under AS 04.09.370;(3) licensed premises for a manufacturer license issued under AS 04.09.020 (brewery manufacturer), AS 04.09.030 (winery manufacturer), and AS 04.09.040 (distillery manufacturer) may overlap with the following retail licenses for consumption on the licensed premises: (A) beverage dispensary licenses issued under AS 04.09.200;(B) restaurant or eating place licenses issued under AS 04.09.210;(C) beverage dispensary tourism licenses issued under AS 04.09.350;(D) brewery retail licenses issued under AS 04.09.320;(E) winery retail licenses issued under AS 04.09.330;(F) distillery retail licenses issued under AS 04.09.340;(G) seasonal restaurant or eating place tourism licenses issued under AS 04.09.360.(b) Unless provided otherwise in AS 04.09.520, overlapping licensed premises may not be utilized to offer the license holder's alcoholic beverages for sale for consumption off the licensed premises or to subdivide and sell the license holder's alcoholic beverages from original packages with federally compliant labels to smaller containers with the standard federal government warnings and the product name.(c) In addition to overlapping premises permissible under (b) of this section, licensed premises for a brewery retail license issued under AS 04.09.320, winery retail license issued under AS 04.09.330, or distillery retail license issued under AS 04.09.340 may overlap with the following retail licenses for consumption on the licensed premises: (1) beverage dispensary licenses issued under AS 04.09.200;(2) restaurant or eating place licenses issued under AS 04.09.210;(3) seasonal restaurant or eating place tourism licenses issued under AS 04.09.360;(4) beverage dispensary tourism licenses issued under AS 04.09.350.(d) Licensed premises for a package store issued under AS 04.09.230 may overlap with the following retail licenses for consumption off the licensed premises: (1) beverage dispensary licenses subject to the requirements described under AS 04.09.230(d);(2) brewery retail licenses issued under AS 04.09.320;(3) winery retail licenses issued under AS 04.09.330;(4) distillery retail licenses issued under AS 04.09.340.(e) Licensed premises for manufacturer licenses issued under AS 04.09.020 (brewery manufacturer), AS 04.09.030 (winery manufacturer), and AS 04.09.040 (distillery manufacturer) may overlap with a package store license as described under AS 04.09.230.(f) Licensed premises for a package store issued under AS 04.09.230 may overlap with the licensed premises of a restaurant or eating place license or a seasonal restaurant or eating place tourism license, subject to the controlled access conditions required by the board.(g) Licensed premises for general wholesalers issued under AS 04.09.100 or limited wholesale brewed beverage and wine licenses issued under AS 04.09.110 may share overlapping premises.(h) For all overlapping licensed premises permitted under this section, the permissible consumption on premises, permissible sales for off premises consumption, and compliance with AS 04.16.049 is determined by the specific combination of licenses.(i) The restriction that both licenses must be held by the same person or group of persons as described in (a) of this section does not apply to an overlapping premises for two or more licenses approved by the board before January 1, 2024.Eff. 1/1/2024, Register 248, January 2024Authority:AS 04.06.010
AS 04.06.090
AS 04.06.100
AS 04.09.020
AS 04.09.030
AS 04.09.040
AS 04.09.100
AS 04.09.110
AS 04.09.200
AS 04.09.210
AS 04.09.230
AS 04.09.320
AS 04.09.330
AS 04.09.340
AS 04.09.350
AS 04.09.360
AS 04.09.370
AS 04.11.135