(a) Except as provided in (f), (i), and (k) of this section and Alaska Stat. § 04.11.405, a new license may not be issued and the board may prohibit relocation of an existing license
Terms Used In Alaska Statutes 04.11.400 v3
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
(1) outside an established village, incorporated city, unified municipality, or organized borough if, after the issuance or relocation, in a radius of five miles of the licensed premises, excluding the populations of established villages, incorporated cities, unified municipalities, and organized boroughs that are wholly or partly included within the radius, there would be
(A) more than one restaurant or eating place license for each 1,500 population or fraction of that population;(B) more than one brewery retail, one winery retail, and one distillery retail license for each 4,500 population or fraction of that population; or(C) more than one license of each other type, except a type listed in (i) of this section, for each 3,000 population or fraction of that population;(2) inside an established village, incorporated city, or unified municipality if, after the issuance or relocation, there would be inside the established village, incorporated city, or unified municipality
(A) more than one restaurant or eating place license for each 1,500 population or fraction of that population;(B) more than one brewery retail, one winery retail, and one distillery retail license for each 4,500 population or fraction of that population; or(C) more than one license of each other type, except a type listed in (i) of this section, for each 3,000 population or fraction of that population;(3) inside an organized borough but outside an established village or incorporated city located within the borough if, after the issuance or relocation, there would be inside the borough, but outside the established villages and incorporated cities located within the borough, excluding the population of those established villages that have adopted a local option under Alaska Stat. § 04.11.491 (b)(1) or (3), and excluding the population of incorporated cities located within the organized borough,
(A) more than one restaurant or eating place license for each 1,500 population or fraction of that population;(B) more than one brewery retail, one winery retail, and one distillery retail license for each 4,500 population or fraction of that population; or(C) more than one license of each other type, except a type listed in (i) of this section, for each 3,000 population or fraction of that population.(b) If the radius described in (a)(1) of this section encompasses all of an established village, incorporated city, or unified municipality and the population resident inside and outside the established village, incorporated city, or unified municipality but inside the radius described in (a)(1) of the section is less than 3,000, the board may deny the issuance or relocation of the license.(c)[Repealed, Sec. 88 ch 74 SLA 1985].(d) [Repealed by 2022 amendment.] (e) [Repealed by 2022 amendment.] (f) An application requesting a transfer of location of licensed premises limited under (a) or (b) of this section shall be granted without regard to (a) of this section if the new location is less than one mile from the original location and
(1) no ground for denial exists under Alaska Stat. § 04.11.340 (1) or (3); and(2) relocation of the licensed premises is necessary due to
(A) termination of a lease or rental agreement;(B) condemnation of the premises;(C) the substantial destruction of the premises by any cause.(g) [Repealed by 2022 amendment.] (h) [Repealed by 2022 amendment.] (i) [Repealed by 2022 amendment.] (j) In (a)(2) and (3) of this section, “population” includes only those persons residing inside the established village, incorporated city, unified municipality, or organized borough as of December 31 of the year preceding the date of application.(k) The board may allow the relocation of an existing beverage dispensary license under Alaska Stat. § 04.09.200 or former Alaska Stat. § 04.11.090 to a restaurant, eating place, or hotel, motel, resort, or similar business that contains a restaurant or eating place, an existing package store license under Alaska Stat. § 04.09.230 or former Alaska Stat. § 04.11.150, an existing brewery retail license under Alaska Stat. § 04.09.320, an existing winery retail license under Alaska Stat. § 04.09.330, or an existing distillery retail license under Alaska Stat. § 04.09.340 in a borough with a population of 50,000 or more into or within an incorporated city in the borough. The board may not approve the relocation unless, at the time of application, the existing number of issued licenses of the type under consideration for relocation located within the borough exceeds the maximum allowed under (a) of this section and the governing bodies of both the borough and the incorporated city approve the relocation. The board may allow not more than three relocations into each city under this subsection each decade. In this subsection, “decade” means each 10-year period beginning April 1 in a year ending in zero.(l) The board may approve the issuance of an outdoor recreation lodge license without regard to (a) of this section if it appears that the issuance will encourage the tourist trade by encouraging the construction or improvement of a business relating to the tourist trade and the business meets the requirements for issuance of the license under Alaska Stat. § 04.11.225.(m) The board may allow the relocation of an existing beverage dispensary license under Alaska Stat. § 04.11.090 to a restaurant, eating place, or hotel, motel, resort, or similar business that contains a restaurant or eating place, in a borough with a population of 60,000 or more if the governing body of the borough approves the relocation. However, if the relocation of the license is into or within an incorporated city in the borough, the board may not approve the relocation unless the governing bodies of both the borough and the incorporated city approve the relocation. The board may allow not more than three relocations in a borough under this subsection each decade. In this subsection, “decade” means each 10-year period beginning April 1 in a year ending in zero.(n) In this section “radius” means the circular area or distance limited by the sweep of a straight line originating at the proposed licensed premises and extending outward.
