Title 04 — Alcoholic Beverages
9 chapters · 210 sections in this title.
AS 04.11.010 License or permit required; presumption concerning possession for sale.
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(a) Except as provided in AS 04.11.020, a person may not knowingly (1) possess for barter, traffic in, or barter an alcoholic beverage unless under license or permit issued under this title; or (2) manufacture an alcoholic beverage, sell an alcoholic beverage, offer an alcoholic …
AS 04.11.015 Purchase from nonlicensee prohibited.
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(a) A person may not purchase or barter for alcoholic beverages from a person who is not a licensee, permittee, or an agent or employee of a licensee or permittee. (b) A person who violates (a) of this section is guilty of a violation.
AS 04.11.020 Exceptions: License or permit not required.
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(a) A license or permit is not required to authorize sales made by a person under a judgment and decree of foreclosure, under the bankruptcy law of the United States, or under order of the board or a court under AS 04.16.220. (b) A license or permit is not required to serve alcoh…
AS 04.11.030 Death of licensee.
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(a) The executor or administrator of the estate of a person who was operating a business as a sole licensee under a license authorized by this title may continue to operate the licensed business until an application for transfer of a license to another person is approved or until…
AS 04.11.040 Board approval of transfers.
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(a) A license issued under this title may not be transferred to another person except with the written consent of the board. (b) A license or permit issued under this title may not be transferred to a new location except with the written consent of the board. (c) A person may not…
AS 04.11.045 Reports required of limited liability organizations.
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(a) A limited liability organization licensed under this title shall report to the board when a member of the limited liability organization transfers 10 percent or more of the ownership of the organization and shall report a change of managers. (b) The report to the board shall …
AS 04.11.050 Reports required of corporations.
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(a) A corporation issued a license under this title shall report to the board when 10 percent or more of its corporate stock is transferred and shall also report any change in its corporate officers or in the membership of its board of directors. (b) The report to the board shall…
AS 04.11.055 Reports required of partnerships.
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(a) A partnership, including a limited partnership, issued a license under this title shall report to the board when a partnership interest of 10 percent or more is transferred and shall report a change of general partners. (b) The report to the board shall be made in writing in …
AS 04.11.060 Nonresident distiller, brewer, winery, or wholesaler.
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(a) A distiller, brewer, winery, or wholesaler whose plant or principal place of business is outside the state may not sell products directly to licensees in the state without (1) obtaining a general wholesale license under AS 04.09.100 for each wholesale distributing point in th…
AS 04.11.070 Power limited to the board.
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Article 2. Licenses and Permits.
AS 04.11.080 §§ 04.11.080 — 04.11.180. Types of licenses and permits; beverage dispensary license; restaurant or eating place license; club license; golf course license; bottling works license; brewery license; brewpub license; winery license; package store license; permit for delivery to social events; wholesale licenses; distillery license; common carrier dispensary license.
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[Repealed or reserved.]
AS 04.11.190 Community liquor license. [Repealed, § 69 ch 101 SLA 1995.]
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[Repealed or reserved.]
AS 04.11.200 §§ 04.11.200 — 04.11.255. Retail stock sale license; recreational site license; pub license; outdoor recreation lodge license; caterer's permit; special events permit; conditional contractor's permit; destination resort license.
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Article 3. Application for License or Permit.
AS 04.11.260 Application for new license, endorsement, or permit.
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(a) An applicant for a new license, endorsement, or permit shall file with the director a written application, signed and sworn to by the applicant, giving the applicant's name, mailing address, telephone number, and electronic mail address. If the applicant is a corporation, the…
AS 04.11.270 Application for renewal of license, license with one or more endorsements, or conditional contractor's permit.
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(a) An application for renewal of a license, license with one or more endorsements, or conditional contractor's permit under AS 04.09.710 must include (1) the information required for a new license, endorsement, or permit under AS 04.11.260 except that proof of notice under AS 04…
AS 04.11.280 Application for transfer of a license to another person.
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(a) An application for transfer of a license or a license with one or more endorsements to another person must contain the same information about the transferee as is required of an applicant for a new license or endorsement under AS 04.11.260 and must include other information r…
AS 04.11.290 Application for transfer of license location.
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An application for a transfer of a license to a new location must contain the information required by the board and must be accompanied by proof that the notice required in AS 04.11.310 has been given and by any petitions required to be secured under AS 04.11.460 before a license…
AS 04.11.295 Criminal justice information and records.
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(a) An applicant for the issuance or transfer of a license or issuance of a conditional contractor's permit under this title shall submit to the board, with the application, the applicant's fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 f…
AS 04.11.300 State trooper investigation.
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[Repealed or reserved.]
AS 04.11.310 Notice of application.
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(a) Before a new license is issued, or transfer of location or transfer of a license to another person is approved, the applicant must post a copy of the application for 10 days at the location of the proposed licensed premises and at any additional locations designated by the bo…
AS 04.11.315 False statement on application.
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Article 4. Denial, Suspension, or Revocation of Licenses and Permits. A person who knowingly makes a false sworn statement that the person does not believe to be true on an application under AS 04.11.260 — 04.11.310 commits the crime of perjury under AS 11.56.200.
AS 04.11.320 Denial of new licenses and permits.
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(a) An application requesting issuance of a new license or endorsement shall be denied if (1) the board finds, after review of all relevant information, that issuance of the license or endorsement would not be in the best interests of the public; (2) issuance of the license is pr…
AS 04.11.330 Denial of license or permit renewal.
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(a) An application requesting renewal of a license or endorsement shall be denied if (1) the board finds, after review of all relevant information, that renewal of the license or endorsement would not be in the best interests of the public; (2) the license or endorsement has been…
AS 04.11.340 Denial of request for relocation.
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An application requesting approval for the relocation of licensed premises shall be denied if (1) the board finds, after review of all relevant information, that relocation of the license would not be in the best interests of the public; (2) the relocation is prohibited under AS …
AS 04.11.360 Denial of transfer of a license to another person.
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An application requesting approval of a transfer of a license to another person under this title shall be denied if (1) the board finds, after review of all relevant information, that transfer of a license to another person would not be in the best interests of the public; (2) th…
AS 04.11.365 Licensed premises in multi-unit residential housing developments owned or financed by the Alaska Housing Finance Corporation.
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For premises located in a multi-unit residential housing development owned or financed by the Alaska Housing Finance Corporation, the board may issue a new license under AS 04.11.320, renew a license under AS 04.11.330, or approve a request for relocation under AS 04.11.340 if th…
AS 04.11.370 Suspension and revocation of licenses and permits.
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Article 5. Restrictions on Issuance and Transfer of Licenses. (a) A license, endorsement, or permit shall be suspended or revoked if the board finds (1) misrepresentation of a material fact on an application made under this title or a regulation adopted under this title; (2) cont…
AS 04.11.390 Residence requirements. [Repealed, § 19 ch 74 SLA 1999.]
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[Repealed or reserved.]
AS 04.11.395 Conditions or restrictions imposed on a license, endorsement, or permit.
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(a) The board may, in the best interests of the public, impose conditions or restrictions on a license, endorsement, or permit issued under this chapter. (b) Except for a conditional contractor's permit issued under AS 04.09.710, the board may delegate to the director the authori…
AS 04.11.400 Population limitations.
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(a) Except as provided in (f), (i), and (k) of this section and AS 04.11.405, a new license may not be issued and the board may prohibit relocation of an existing license (1) outside an established village, incorporated city, unified municipality, or organized borough if, after t…
AS 04.11.405 Petition for additional restaurant or eating place licenses for certain local governing bodies.
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(a) A first class city, a home rule city, or a unified municipality may submit a resolution to the board, adopted by its legislative body, petitioning the board for the issuance of additional restaurant or eating place licenses under AS 04.09.210 that exceed the limits under AS 0…
AS 04.11.410 Restriction of location near churches and schools.
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(a) A beverage dispensary or package store license may not be issued and the location of an existing license may not be transferred if the licensed premises would be located in a building the public entrance of which is within 200 feet of a school ground or a church building in w…
AS 04.11.420 Zoning limitations.
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(a) A person may not be issued a new license, endorsement, or permit or transfer a license or a license with endorsement to a new location in a municipality if a zoning regulation or ordinance prohibits the land use unless a variance of the regulation or ordinance has been approv…
AS 04.11.430 Person and location.
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(a) Each license shall be issued to a specific individual or individuals, to a partnership, including a limited partnership, to a limited liability organization, to a corporation, to a government entity, or to a tribal organization. If the license is issued to a corporation or a …
AS 04.11.450 Prohibited financial interest.
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(a) A person other than a licensee may not have a direct or indirect financial interest in the business for which a license is issued. (b) A person who is a representative or owner of a wholesale business licensed under AS 04.09.100 or 04.09.110 may not be issued, solely or toget…
AS 04.11.460 Prior public approval.
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Article 6. Procedures for Public Influence. (a) A new license or the transfer of location of an existing license may not be approved by the board in an area outside but within 50 miles of the boundaries of a municipality unless a petition asking that the license be issued or tran…
AS 04.11.470 Objection.
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A person may object to an application for issuance, renewal, transfer of location, or transfer to another person of a license, for issuance, renewal, or transfer to another person of a license with one or more endorsements, for issuance of an endorsement, or for issuance of a per…
AS 04.11.480 Protest.
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(a) A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license, issuance, renewal, or transfer to another person of a license with one or more endorsements, or issuance of an endorsement by sending the board and the applicant …
AS 04.11.490 Prohibition of the sale of alcoholic beverages. [Repealed, § 69 ch 101 SLA 1995.]
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[Repealed or reserved.]
AS 04.11.491 Local options.
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(a) If a majority of the persons voting on the question vote to approve the option, a municipality shall adopt a local option to prohibit (1) the sale of alcoholic beverages; (2) the sale of alcoholic beverages except by one or more of the following listed on the ballot: (A) a re…
AS 04.11.492 Community liquor license; complete prohibition on sales. [Repealed, § 69 ch 101 SLA 1995.]
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[Repealed or reserved.]
AS 04.11.493 Change of local option.
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(a) If a majority of persons voting on the question vote to approve a different local option, a municipality or established village shall change a local option previously adopted under AS 04.11.491 to the different approved option. (b) A ballot question to change a local option u…
AS 04.11.494 Operation of delivery sites. [Repealed, § 15 ch 63 SLA 2001 as amended by § 1 ch 28 SLA 2004.]
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[Repealed or reserved.]
AS 04.11.495 Removal of local option.
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(a) If a majority of the persons voting on the question vote to remove the option, a municipality or established village shall remove a local option previously adopted under AS 04.11.491. The option is repealed effective the first day of the month following certification of the r…
AS 04.11.496 Prohibition of sale and importation of alcoholic beverages. [Repealed, § 69 ch 101 SLA 1995.]
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[Repealed or reserved.]
AS 04.11.497 Effect on licenses of prohibition of sale.
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If a majority of voters vote to prohibit the sale of alcoholic beverages under AS 04.11.491(a)(1), (a)(4) or (5), (b)(1), or (b)(3) or (4), the board may not issue, renew, or transfer, between persons or locations, a license for premises located within the boundaries of the munic…
AS 04.11.498 Prohibition of possession of alcoholic beverages. [Repealed, § 69 ch 101 SLA 1995.]
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[Repealed or reserved.]
AS 04.11.499 Prohibition of importation or purchase after election.
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(a) If a majority of the voters vote to prohibit the importation of alcoholic beverages under AS 04.11.491(a)(4) or (5) or (b)(3) or (4), a person, beginning on the first day of the month following certification of the results of the election, may not knowingly send, transport, o…
AS 04.11.500 Prohibition of the sale of alcoholic beverages except by selected licenses. [Repealed, § 69 ch 101 SLA 1995.]
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[Repealed or reserved.]
AS 04.11.501 Prohibition of possession after election.
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(a) If a majority of the voters vote to prohibit the possession of alcoholic beverages under AS 04.11.491(a)(5) or (b)(4), a person may not knowingly possess an alcoholic beverage in the municipality or established village, unless the alcoholic beverage is sacramental wine to be …