CSHB 15(L&C) am: "An Act relating to outdoor recreation lodge alcoholic beverage licenses; relating to transfer of certain beverage dispensary licenses issued before June 6, 1985; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 15(L&C) am 01 "An Act relating to outdoor recreation lodge alcoholic beverage licenses; relating to 02 transfer of certain beverage dispensary licenses issued before June 6, 1985; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 04.11.080 is amended by adding a new paragraph to read: 06 (21) outdoor recreation lodge license. 07 * Sec. 2. AS 04.11 is amended by adding a new section to read: 08 Sec. 04.11.225. Outdoor recreation lodge license. (a) An outdoor recreation 09 lodge license authorizes the holder to sell alcoholic beverages to a registered overnight 10 guest or off-duty staff of the lodge for consumption on the licensed premises or in 11 conjunction with purchased outdoor recreation activities provided by the licensee. An 12 outdoor recreation lodge license may not be transferred. 13 (b) The biennial fee for an outdoor recreation lodge license is $1,250. 14 (c) In this section, "outdoor recreation lodge" means a business that provides
01 overnight accommodations and meals, is primarily involved in offering opportunities 02 for persons to engage in outdoor recreation activities, and has a minimum of two guest 03 rooms. 04 * Sec. 3. AS 04.11.360 is amended to read: 05 Sec. 04.11.360. Denial of transfer of a license to another person. An 06 application requesting approval of a transfer of a license to another person under this 07 title shall be denied if 08 (1) the board finds, after review of all relevant information, that 09 transfer of a license to another person would not be in the best interests of the public; 10 (2) the application has not been completed in accordance with 11 AS 04.11.280; 12 (3) the application contains false statements of material fact; 13 (4) the transferor has not paid all debts or taxes arising from the 14 conduct of the business licensed under this title unless 15 (A) the transferor gives security for the payment of the debts or 16 taxes satisfactory to the creditor or taxing authority; or 17 (B) the transfer is under [PURSUANT TO] a promise given as 18 collateral by the transferor to the transferee in the course of an earlier transfer 19 of the license under which promise the transferor is obliged to transfer the 20 license back to the transferee in the event of default in payment for property 21 conveyed as part of the earlier transfer of the license; 22 (5) transfer of the license to another person would result in violation of 23 the provisions of this title relating to identity of licensees and financing of licensees; 24 (6) transfer of the license to another person would violate the 25 restrictions pertaining to the particular license under this title; 26 (7) transfer of the license to another person is prohibited under the 27 provisions of this title as a result of an election conducted under AS 04.11.507; 28 (8) the prospective transferee does not have the qualifications required 29 under this title of an original applicant; 30 (9) the license was issued under AS 04.11.100(f) or 04.11.400(g); 31 however, this paragraph does not apply to a beverage dispensary license issued
01 before June 6, 1985, under former AS 04.11.400(j) if the transfer does not involve 02 a change in location; or 03 (10) the license was issued under AS 04.11.135, unless the transferor is 04 also applying to transfer the beverage dispensary license required under AS 04.11.135 05 to the same transferee. 06 * Sec. 4. AS 04.11.400(a) is amended to read: 07 (a) Except as provided in (d) - (h), [AND] (k), and (m) of this section, a new 08 license may not be issued and the board may prohibit relocation of an existing license 09 (1) outside an established village, incorporated city, unified 10 municipality, or organized borough if after the issuance or relocation there would be 11 (A) more than one restaurant or eating place license for each 1,500 population or 12 fraction of that population, or (B) more than one license of each other type, including 13 licenses that have been issued under (d) or (e) of this section, for each 3,000 14 population or fraction of that population, in a radius of five miles of the licensed 15 premises, excluding the populations of established villages, incorporated cities, unified 16 municipalities, and organized boroughs that are wholly or partly included within the 17 radius; 18 (2) inside an established village, incorporated city, or unified 19 municipality if after the issuance or relocation there would be inside the established 20 village, incorporated city, or unified municipality 21 (A) more than one restaurant or eating place license for each 22 1,500 population or fraction of that population; or 23 (B) more than one license of each other type, including licenses 24 that have been issued under (d) or (e) of this section, for each 3,000 population 25 or fraction of that population; 26 (3) inside an organized borough but outside an established village or 27 incorporated city located within the borough, if after the issuance or relocation there 28 would be inside the borough, but outside the established villages and incorporated 29 cities located within the borough, 30 (A) more than one restaurant or eating place license for each 31 1,500 population or fraction of that population; or
01 (B) more than one license of each other type, including licenses 02 that have been issued under (d) or (e) of this section, for each 3,000 population 03 or fraction of that population excluding the population of those established 04 villages that have adopted a local option under AS 04.11.491(b)(1), (3), or (4), 05 and excluding the population of incorporated cities located within the 06 organized borough. 07 * Sec. 5. AS 04.11.400 is amended by adding a new subsection to read: 08 (m) The board may approve the issuance of a outdoor recreation lodge license 09 without regard to (a) of this section if it appears that the issuance will encourage the 10 tourist trade by encouraging the construction or improvement of a business relating to 11 the tourist trade and the business meets the requirements for issuance of the license 12 under AS 04.11.225. 13 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).