00 SENATE BILL NO. 260                                                                                                   
01 "An Act relating to denial of an application for issuance of a new alcoholic                                            
02 beverage license in an established village."                                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 04.11.320(a) is amended to read:                                                                  
05  (a)  An application requesting issuance of a new license shall be denied if                                           
06   (1)  the board finds, after review of all relevant information, that                                                 
07 issuance of the license would not be in the best interests of the public;                                               
08   (2)  issuance of the license is prohibited by AS 04.11.410, relating to                                              
09 location of premises near churches and schools;                                                                         
10   (3)  the application has not been completed in accordance with                                                       
11 AS 04.11.260;                                                                                                           
12   (4)  issuance of the license would violate the restrictions pertaining to                                            
13 the particular license imposed under this title;                                                                        
14   (5)  issuance of the license is prohibited under this title as a result of                                           
01 an election conducted under AS 04.11.507;                                                                               
02   (6)  the requirements of AS 04.11.420 - 04.11.450 relating to zoning,                                                
03 ownership and location of the license, and the identity and financing of a licensee have                                
04 not been met;                                                                                                           
05   (7)  issuance of the license is prohibited under AS 04.11.400(a) or                                                  
06 prohibition of issuance of the license is found necessary under AS 04.11.400(b);                                        
07   (8)  the application contains false statements of material fact;                                                     
08   (9)  the license is sought for the sale of alcoholic beverages in a first                                            
09 or second class city where there are no licensed premises at the time of application                                    
10 unless a majority of the voters have voted not to approve a local option to restrict or                                 
11 prohibit the sale of alcoholic beverages under AS 04.11.491, have voted to approve a                                    
12 local option to allow the type of premises under AS 04.11.491(a)(2) or (3), or have                                     
13 voted to remove a restriction or prohibition on the sale of alcoholic beverages under                                   
14 AS 04.11.495; or                                                                                                        
15   (10)  the license is sought for the sale of alcoholic beverages in an                                                
16 established village where there are no licensed premises at the time of application                                     
17 unless a majority of the voters have voted not to approve a local option to restrict or                                 
18 prohibit the sale of alcoholic beverages under AS 04.11.491, have voted to approve a                                    
19 local option to allow the type of premises under AS 04.11.491(b)(2), or have voted to                                   
20 remove a restriction or prohibition on the sale of alcoholic beverages under                                            
21 AS 04.11.495 ; however, denial of a new licensure is not required under this                                           
22 paragraph for an application for a new license in an established village if                                             
23   (A)  the licensed premises include a resort facility providing                                                      
24 lodging, food, and outdoor recreational services to its customers;                                                      
25   (B)  the licensed premises are not accessible by automobile;                                                        
26   (C)  the applicant agrees to sell, serve, or provide alcoholic                                                      
27 beverages only to a person who is a registered guest or employee at the                                                 
28 resort; and                                                                                                             
29   (D)  there are not more than 75 registered voters within a                                                          
30 five-mile radius of the licensed premises .