§ 2.30.125. Standards governing assembly protests to state alcoholic beverage control board.

In the exercise of its powers and under AS 4.11.480 and 13 AAC 104.145 to protest issue, renewal and transfer of alcoholic beverage licenses within the municipality, the assembly shall consider whether the proposed license meets each and every factor and standard set forth in this subsection, as follows:

A.

Concentration and land use. Whether transfer of location or issuance of the requested license will negatively impact the community through an increase in the concentration of uses involving the sale or service of alcoholic beverages within the area affected and will conform to the separate standards of section 21.50.020.

B.

Training. If application is made for issuance, renewal or transfer of a beverage dispensary license, restaurant or eating place license, or package store license, whether the applicant can demonstrate prospective or continued compliance with a liquor server awareness training program approved by the state alcoholic beverage control board, such as or similar to the program for techniques in alcohol management (T.A.M.). Until such plan is approved, training by a licensee's employees in the T.A.M. shall constitute compliance with this section. (This subsection is effective December 1, 1985.)

C.

Operations procedures. If application is made for issue, renewal or transfer of a license, whether the applicant can demonstrate prospective or continued compliance with operations procedures for licensed premises set forth in section 10.50.035.

D.

Public safety. When application is made for the renewal or transfer of location or transfer of ownership of a beverage dispensary license, restaurant or eating place license, or package store license, the assembly shall consider whether the operator can demonstrate the ability to maintain order and prevent unlawful conduct in licensed premises. In determining the operator's demonstrated ability to maintain order and prevent unlawful conduct, the assembly may consider police reports, testimony presented before the assembly, written comments submitted prior to or during the public hearing, or other evidence deemed to be reliable and relevant to the purpose of this subsection. For purposes of this section and section 10.50.035 the term "licensed premises" shall include any adjacent area under the control or management of the licensee.

E.

Payment of taxes and debts. When application is made for renewal of a license the assembly shall consider, pursuant to AS 4.11.330, whether the applicant is delinquent in payment of taxes owed to the municipality. When application is made for transfer of ownership of a license the assembly shall consider, pursuant to AS 4.11.360, whether the municipality has received either payment or adequate security, as described in subsection G of this section, for the payment of any debts or taxes, including any estimated taxes for the current year. arising from the conduct of the licensed business.

F.

Notice of possible protest. If at any time there appears to be a readily identifiable pattern or practice of recurring violent acts or unlawful conduct in a licensed premises, the municipality may notify the licensee that he or she must submit and implement a plan for remedial action or be in jeopardy that a protest will be filed to any renewal, transfer of location or transfer of ownership sought by the licensee. If such notice is issued to the licensee, the assembly in applying the standards set forth above shall consider:

1.

Whether a plan has been submitted;

2.

The reasonableness of any plan that has been submitted; and

3.

The diligence and effectiveness of the licensee in implementing remedial measures.

A notice as authorized by this subsection shall be forwarded to the applicant five days prior to the filing of a protest or to any other legal action against the licensee or others.

G.

Security for payment of debts and taxes. For the purposes of subsection E of this section, adequate security for the payment of debts and taxes may be in the form of:

1.

Escrowed funds sufficient to pay the debts and taxes claimed and any escrow fees;

2.

Actual payment of debts and taxes claimed; or

3.

A guarantee agreement in accordance with this subsection. Any guarantee agreement under this subsection shall be in writing, shall be signed by the transferor, transferee and municipality, and must include:

a.

Acknowledgment and acceptance of responsibility by the transferee for the debts and taxes due to the municipality;

b.

Recognition of the municipality as the beneficiary of the agreement; and

c.

Recognition of the municipality's remedies for breach of the agreement including:

i.

A civil suit for enforcement of the agreement;

ii.

Protest of a subsequent renewal for nonpayment of taxes arising from conduct of the licensed business or breach of the guarantee agreement; and

iii.

Any other remedies or claims that the municipality might have asserted against the transferor.

Release of guarantee. Upon payment of all debts and taxes due the municipality pursuant to the written guarantee agreement, the municipality shall execute a written release of guarantee.

H.

Public health. If application is made for the renewal or transfer of location or transfer of ownership of a license, the assembly shall consider whether the operator has engaged in a pattern of practices injurious to public health or safety, such as providing alcohol to minors or intoxicated persons, committing serious violations of state law relevant to public health or safety, or other actions within the knowledge and control of the operator which place the public health or safety at risk. In determining if a pattern of practices injurious to public health or safety exists, the assembly may consider criminal convictions, credible proof of illegal activity even if not prosecuted, police reports, testimony presented before the assembly, written comments submitted prior to or during the public hearing, or other evidence deemed to be reliable and relevant to the purpose of this subsection.

(AO No. 85-128(S); AO No. 86-58; AO No. 93-117, § 1, 8-10-93; AO No. 93-141(S-1), § 1, 2-1-94)

State law reference

Alcoholic beverages, AS 4.11.480—4.11.506, 4.21.010; protests regarding licenses, AS 4.11.480; power to regulate, AS 29.35.080.

Editor's note

This section was formerly codified in the 1977 Code as section 10.50.030.

Cross reference

Alcoholic beverages, ch. 10.50; transfer of alcoholic beverage license, payment of taxes, § 12.05.065; uses involving sale of alcoholic beverages, § 21.50.160.