SSHB 265: "An Act relating to the renewal of a license involving alcoholic beverages; and relating to the issuance, renewal, or transfer of ownership of a beverage dispensary license or a restaurant or eating place license."
00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 265 01 "An Act relating to the renewal of a license involving alcoholic beverages; and relating 02 to the issuance, renewal, or transfer of ownership of a beverage dispensary license or a 03 restaurant or eating place license." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 04.11.330(a) is amended to read: 06 (a) An application requesting renewal of a license shall be denied if 07 (1) the board finds, after review of all relevant information, that 08 renewal of the license would not be in the best interests of the public; 09 (2) the license has been revoked for any cause; 10 (3) the applicant has not operated the licensed premises for at least 240 11 hours [30 EIGHT-HOUR DAYS] during each of the two preceding calendar years, 12 unless the board determines that the licensed premises are under construction or 13 cannot be operated through no fault of the applicant; 14 (4) the board finds that issuance of an existing license under
01 AS 04.11.400(d) has not encouraged tourist trade; 02 (5) the requirements of AS 04.11.420 - 04.11.450 relating to zoning, 03 ownership of the license, and financing of the licensee have not been met; 04 (6) renewal of the license would violate the restrictions pertaining to 05 the particular license under this title or the license has been operated in violation of a 06 condition or restriction imposed by the board; 07 (7) renewal of the license is prohibited under this title as a result of an 08 election conducted under AS 04.11.507; 09 (8) the application has not been completed in accordance with 10 AS 04.11.270; or 11 (9) the license was issued under AS 04.11.400(g), and the board finds 12 that the public convenience does not require renewal. 13 * Sec. 2. AS 04.11.400(a) is amended to read: 14 (a) Except as provided in (d) - (k) of this section, a new license may not be 15 issued and the board may prohibit relocation of an existing license 16 (1) outside an established village, incorporated city, unified 17 municipality, or organized borough if, after the issuance or relocation, there would be 18 (A) more than one restaurant or eating place license for each 1,500 population or 19 fraction of that population, or (B) more than one license of each other type, including 20 licenses that have been issued under (d), [OR] (e), or (o) of this section, for each 3,000 21 population or fraction of that population, in a radius of five miles of the licensed 22 premises, excluding the populations of established villages, incorporated cities, unified 23 municipalities, and organized boroughs that are wholly or partly included within the 24 radius; 25 (2) inside an established village, incorporated city, or unified 26 municipality if, after the issuance or relocation, there would be inside the established 27 village, incorporated city, or unified municipality 28 (A) more than one restaurant or eating place license for each 29 1,500 population or fraction of that population; or 30 (B) more than one license of each other type, including licenses 31 that have been issued under (d), [OR] (e), or (o) of this section, for each 3,000
01 population or fraction of that population; 02 (3) inside an organized borough but outside an established village or 03 incorporated city located within the borough if, after the issuance or relocation, there 04 would be inside the borough, but outside the established villages and incorporated 05 cities located within the borough, 06 (A) more than one restaurant or eating place license for each 07 1,500 population or fraction of that population; or 08 (B) more than one license of each other type, including licenses 09 that have been issued under (d), [OR] (e), or (o) of this section, for each 3,000 10 population or fraction of that population excluding the population of those 11 established villages that have adopted a local option under AS 04.11.491(b)(1), 12 (3), or (4), and excluding the population of incorporated cities located within 13 the organized borough. 14 * Sec. 3. AS 04.11.400(d) is amended to read: 15 (d) The board may approve the issuance [OR TRANSFER OF OWNERSHIP] 16 of a new beverage dispensary or restaurant or eating place license without regard to 17 (a) of this section if it appears that the issuance [OR TRANSFER] will encourage the 18 tourist trade by encouraging the construction or improvement of 19 (1) a hotel, motel, resort, or similar business relating to the tourist trade 20 with a dining facility on the licensed premises or [HAVING] kitchen facilities in a 21 majority of its rental rooms and at least a minimum number of rental rooms required 22 according to the population of the [ESTABLISHED VILLAGE,] incorporated city, 23 unified municipality, or population area established under (a) of this section in which 24 the facility will be located, as follows: 25 (A) 10 rental rooms if the population is less than 1,501; 26 (B) 20 rental rooms if the population is 1,501 - 2,500; 27 (C) 25 rental rooms if the population is 2,501 - 5,000; 28 (D) 30 rental rooms if the population is 5,001 - 15,000; 29 (E) 35 rental rooms if the population is 15,001 - 25,000; 30 (F) 40 rental rooms if the population is 25,001 - 50,000; and 31 (G) 50 rental rooms if the population is greater than 50,000;
01 [OR] 02 (2) an airport terminal; or 03 (3) a roadhouse, lodge, inn, or similar business that 04 (A) has 10 rental rooms or fewer; 05 (B) serves food or drink to tourists and the traveling public; 06 (C) is located on a road designated under 23 U.S.C. 162 07 (National Scenic Byways Program); and 08 (D) is located more than 25 miles outside the boundary 09 limits of an incorporated city or unified municipality. 10 * Sec. 4. AS 04.11.400 is amended by adding a new subsection to read: 11 (o) The board may approve the renewal or transfer of ownership of a beverage 12 dispensary or restaurant or eating place license issued under (d) of this section. If the 13 holder of a beverage dispensary or restaurant or eating place license issued under 14 (d)(1) of this section operates, on the licensed premises, a hotel, motel, resort, or 15 similar business relating to the tourist trade, the board may approve the renewal or 16 transfer of ownership of the license only if the hotel, motel, resort, or similar business 17 (1) has a dining facility on the licensed premises or kitchen facilities in 18 a majority of its rental rooms; and 19 (2) maintains at least the minimum number of rental rooms that were 20 required at the time of initial licensure.