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HB 265: "An Act relating to the renewal of a license involving alcoholic beverages; and relating to the transfer or issuance of a beverage dispensary license or a restaurant or eating place license."

00 HOUSE BILL NO. 265 01 "An Act relating to the renewal of a license involving alcoholic beverages; and relating 02 to the transfer or issuance of a beverage dispensary license or a restaurant or eating 03 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information, that 08 renewal of the license would not be in the best interests of the public; 09 (2) the license has been revoked for any cause; 10 (3) the applicant has not operated the licensed premises for at least 240 11 hours [30 EIGHT-HOUR DAYS] during each of the two preceding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(d) is amended to read: 14 (d) The board may approve the issuance or transfer of ownership of a 15 beverage dispensary or restaurant or eating place license without regard to (a) of this 16 section if it appears that the issuance or transfer will encourage the tourist trade by 17 encouraging the construction or improvement of 18 (1) a hotel, motel, resort, or similar business relating to the tourist trade 19 with a dining facility or having kitchen facilities in a majority of its rental rooms and 20 at least a minimum number of rental rooms required according to the population of the 21 established village, incorporated city, unified municipality, or population area 22 established under (a) of this section in which the facility will be located, as follows: 23 (A) 10 rental rooms if the population is less than 1,501; 24 (B) 20 rental rooms if the population is 1,501 - 2,500; 25 (C) 25 rental rooms if the population is 2,501 - 5,000; 26 (D) 30 rental rooms if the population is 5,001 - 15,000; 27 (E) 35 rental rooms if the population is 15,001 - 25,000; 28 (F) 40 rental rooms if the population is 25,001 - 50,000; and 29 (G) 50 rental rooms if the population is greater than 50,000; 30 [OR] 31 (2) an airport terminal; or

01 (3) a roadhouse, lodge, inn, or similar business that 02 (A) has 10 rental rooms or fewer; 03 (B) serves food or drink to tourists and the traveling public; 04 (C) is located on a road designated under 23 U.S.C. 162 05 (National Scenic Byways Program); and 06 (D) is located more than 25 miles outside the boundary 07 limits of an incorporated city or unified municipality.