Alaska Administrative Code

(a) For the purposes of AS 04.11.450, an alcoholic beverage licensee may enter into a management agreement with a person who does not have an ownership interest in the alcoholic beverage license for the purpose of giving that person responsibility for the day-to-day operations of…

(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 di…

(a) Upon the death of an individual who owns a controlling interest in a partnership, including a limited partnership, a limited liability company, or a corporation that holds a license under AS 04 and this chapter, the business entity may continue to operate the licensed busines…

(a) Upon the death of an individual who owns less than a controlling interest in a partnership, including a limited partnership, a limited liability company, or a corporation that holds a license under AS 04 and this chapter, the business entity may continue to operate the licens…

(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 …

(a) Except as provided in this section, the rights, privileges, and restrictions of a license issued under AS 04 are limited to the interval stated on the seasonal license. (b) The holder of a seasonal package store license or a seasonal retail license that serves alcohol for con…

Upon a licensee's written request accompanied by a detailed premises diagram, the board may approve a portion of a premises of a retail license licensed for onsite consumption to alternate as a licensed or unlicensed premises under the following conditions: (1) the request is mad…

(a) A de-designation permit allows the holder of a retail license for onsite consumption to use the licensed premises or a portion of the licensed premises on a temporary basis for an event at which persons under 21 years of age will be present. Alcoholic beverages may not be sol…

(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 …

For the purposes of AS 04.16.120(c), one opened bottle of wine served with a meal may be removed from licensed premises if (1) the licensee reinserts the original cork or a similar type of cork so that the top of the cork is flush with the bottle opening and can only be removed b…

(a) Except as provided in AS 04.21.060, an alcoholic beverage licensee may not stock, warehouse, or otherwise store alcoholic beverages in a place other than the licensed premises. (b) Alcoholic beverages may not be sold or consumed at an approved storage facility. Alcoholic beve…

(a) On a registration form prescribed by the director or a local governing body with jurisdiction over the sale or offer, a licensee or an agent or employee of a manufacturer license described under AS 04.09.020, AS 04.09.030, or AS 04.09.040 or a package store license issued und…

(a) For the purposes of 3 AAC 305.600 - 3 AAC 305.690:(1) "adjacent" means on the same legal property, on a property adjoining the legal property containing the licensed premises, or across a single public right of way from the legal property containing the licensed premises; (2)…

(a) Unless exempt under AS 04.21.025(f), a licensee, employee, or agent of a licensee selling or serving alcoholic beverages shall successfully complete an alcohol server education course. The person or the on-duty supervisor shall carry or have available to show current course c…

(a) For the purposes of AS 04.21.050, a "valid identification card" means an unexpired, unaltered passport or an unexpired, unaltered driver's license or identification card issued by a federal or state agency or federally recognized tribe authorized to issue driver's licenses or…

(a) Except for a holder of a manufacturer direct shipment license subject to the record-keeping requirements under 3 AAC 305.347(e), a licensee shall retain records of the sales, purchases, and expenses of the business for not less than one year, including records sufficient to s…

(a) The board's investigative personnel may(1) conduct inspections of licensed premises, issue inspection reports, and investigate licensees, applicants, transferees, and other persons with respect to applications, the possession and sale of alcoholic beverages, or licensed premi…

(a) The board recognizes that compliance by a licensee is a necessary ingredient for the enforcement of alcoholic beverage statutes, regulations, and local laws and that communication with licensees is necessary to assist licensees in conducting the licensee's licensed business i…

(a) A verbal warning addresses the violation of a statute, regulation, or local law on a licensed premises that is quickly correctable and does not pose an immediate risk to public safety or health. (b) Issuing a verbal warning is at the discretion of investigative personnel of t…

(a) The board's investigative personnel may issue a written advisory notice to a licensee when an incident occurs, or a defect is identified, that results in the violation of a statute, regulation, or local laws. Investigative personnel may choose to issue a written advisory inst…

(a) The board's investigative personnel or a peace officer may issue a citation for any violation identified under AS 04. The board's investigative personnel may issue a citation to any individual affiliated with a license, endorsement, or permit. (b) A person who receives a cita…

(a) An administrative notice of violation addresses serious or repetitive violations of AS 04, 3 AAC 305, or other law relating to the manufacture and sale of alcoholic beverages that have occurred or are occurring on the licensed premises. An administrative notice of violation i…

(a) The board may suspend or revoke a license, endorsement, or conditional contractor's permit on the grounds set out in AS 04.11.370 or if a licensee is convicted of a felony. (b) If a licensee's employee or licensee's agent is convicted of a felony, the board may find under AS …

In addition to administrative penalties, civil fines for violations of 3 AAC 305.500 - 3 AAC 305.590 will be determined by the board on a case-by-case basis. Notes 3 AAC 305.880 Eff. 8/9/2024, Register 251, October 2024 Authority: AS 04.06.090 AS 04.06.100 AS 04.16.017 State regu…

(a) Except as provided in (b) of this section and in addition to fines subject to AS 04.21.074, the board may impose a civil fine on a licensee in accordance with AS 04.11.575 in a proceeding under AS 04.11.510(c). The civil fine may not exceed the greater of (1) an amount three …

(a) The board may elect to place a licensee or permittee on probation for a period of not more than three years in addition to suspending or revoking a license permitted under AS 04.11.370. The board may suspend any portion of time of suspension ordered or civil fines owed to ens…

A person whose license or permit is revoked by the board may not apply for a license of any type until at least one year after the effective date of the revocation. Notes 3 AAC 305.895 Eff. 1/1/2024, Register 248, January 2024 Authority:AS 04.06.090 AS 04.06.100 AS 04.11.320 AS 0…

(a) The board will use population figures generated by the Department of Commerce, Community, and Economic Development to establish a population figure for determining the quota of licenses available under AS 04.11.400(a)(2). The Department of Commerce, Community, and Economic De…

(a) For the purposes of determining whether a municipality or established village receives more than 4,000 visitors a year, the board may rely on visitor statistics generated annually by a reliable government, trade association, nonprofit, or commercial source presented by(1) the…

(a) For the purposes of AS 04.11.610. a municipality's failure to actively enforce local ordinances, laws of the United States and the state, and the provisions of this chapter relating to the manufacture and sale of alcoholic beverages in the state includes the municipality's pe…

(a) Where prohibitions are imposed under AS 04.11.410 and AS 04.16.080, "school" does not include an accredited college or university as defined in AS 04.09.240 for the granting of a beverage dispensary caterer's permit, nonprofit organization event permit, or restaurant caterer'…

The director shall maintain a list of the established villages and municipalities that have adopted a local option under AS 04.11.491. Notes 3 AAC 305.940 Eff. 1/1/2024, Register 248, January 2024 Authority:AS 04.06.100 AS 04.11.491 State regulations are updated quarterly; we cur…

(a) Except as provided under AS 04.11.450(h)(2), in this chapter, "affiliate" means (1) an individual's general partners and joint venturers, including (A) any corporation of which the individual owns 10 percent or more of the stock; (B) any corporation of which the individual is…

A marijuana establishment may not operate in the state unless it has obtained the applicable marijuana establishment license from the board. The board will issue the following marijuana establishment licenses under this chapter: (1) a retail marijuana store license, granting auth…

(a) The board will not issue a new marijuana establishment license, or approve an application for a transfer of a license to another location, if the licensed premises will be located within 500 feet of a school ground, a recreation or youth center, a building in which religious …

(a) The board will issue each marijuana establishment license to a specific individual, a partnership, including a limited partnership, a limited liability company, a corporation, or a local government. A person other than a licensee may not have a direct or indirect financial in…

(a) An applicant for a new marijuana establishment license must file an application as provided in 3 AAC 306.025, on a form the board prescribes, with the information and documents described in this section, along with the application fee and the annual license fee set out in 3 A…

(a) An applicant must initiate a new marijuana establishment license or endorsement application on a form the board prescribes, using the board's electronic system, to create a public notice form. (b) After initiating a new marijuana license or endorsement application, the applic…

(a) The board will not approve a new marijuana establishment license, a new onsite consumption endorsement, or an application for a transfer of a license to another location in an area outside, but within 50 miles of, the boundary of a local government unless the board receives a…

(a) On or before May 1 of each year, the director shall send notice that a marijuana establishment with a license in active and operating status must file a renewal application not later than June 30 of the current year. The director shall send the notice to the marijuana establi…

(a) An application for an ownership change shall be submitted on a form prescribed by the board. (b) If any change required to be submitted under this section will result in a change in controlling interest of the marijuana establishment license, the marijuana establishment must …

(a) A person may not receive or transfer a marijuana establishment license or a controlling interest in a marijuana establishment license issued to a partnership, including a limited partnership, a limited liability company, a corporation, or a local government, without applying …

(a) A person may not transfer to another location a marijuana establishment license issued under AS 17.38 and this chapter without applying for and receiving the written consent of the board. (b) An application for transfer of a marijuana establishment license to another location…

(a) An application must be filed in writing on a form the board prescribes, in compliance with the application procedure set out under 3 AAC 306.025 to convert an existing (1) limited marijuana cultivation facility license to a standard marijuana cultivation facility license; (2)…

A marijuana establishment license issued under AS 17.38 and this chapter is not subject to foreclosure and may not be used as collateral to secure a debt. If a license is transferred to another person, the transferor may secure payment for real and personal property conveyed to t…

Notes 3 AAC 306.050 Eff. 2/21/2016, Register 217, April 2016; repealed 1/22/2023, Register 245, April 2023 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mor…

(a) A licensee who wishes to establish a security interest in a marijuana establishment license proposed for transfer to another person under 3 AAC 306.045 shall submit the following additional documents with the transfer application: (1) a leasehold conveyance or contract of sal…

(a) If a former licensee seeks to compel the transfer of a marijuana establishment license because of a promise under 3 AAC 306.049 given as collateral by the current licensee to the former licensee in the course of an earlier transfer of the license, followed by a default in pay…

(a) When filing an application for a new marijuana establishment license, transfer of a license to another person, or ownership change, the applicant, including each individual listed in 3 AAC 306.020(b)(2), must submit the person's fingerprints and the fees required by the Depar…

(a) Not later than 60 days after the director sends notice of an application for a new marijuana establishment license, a new onsite consumption endorsement, renewal of a marijuana establishment license, renewal of an onsite consumption endorsement, license conversion, endorsemen…