Section 3.304.110. Mutually exclusive and competing applications.

	(a)  When the board receives applications for more licenses of a type than can be supported by the population under AS 04.11.400(a), so that the board is required to deny one or more applications, the applications are "mutually exclusive" under this section.  
	(b)  The board will consider, and grant or deny, mutually exclusive applications in the order in which they are received. However, all "competing applications," as defined under (c) of this section, will be treated as if they were received at the same time, and will be considered together.  
	(c)  "Competing applications" are those mutually exclusive applications for licenses  
		(1) inside a unified municipality, organized borough, or incorporated city that,  
			(A) if the applications are for one or more licenses which have become available because of a change of local option or a change in population, are received during the 30-day period beginning on the date the license or licenses first become available; or  
			(B) if the applications are for the last available license other than a license described in (A) of this paragraph, are received within the same 30-day period beginning on the date the board received the first application for the license; and  
		(2) outside a unified municipality, organized borough, or incorporated city, that are received 30 days or less after the immediately preceding application for the license.  
	(d)  Nothing in this section may be interpreted to allow the 90-day time limit for a decision on an application, set by AS 04.11.510, to be exceeded.  

Authorities

04.06.090;04.06.100;04.11.320;04.11.340;04.11.400;04.11.510;44.62.125

Notes

Reference

3 AAC 304.100
3 AAC 304.112

Authority

AS 04.06.090 AS 04.06.100 AS 04.11.320(a) AS 04.11.340(2) AS 04.11.400(a) AS 04.11.510 Editor's note: As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 15 AAC 104.110 to former 13 AAC 104.110, to reflect Executive Order 110 (2003). Executive Order 110 relocated the Alcoholic Beverage Control Board from the Department of Revenue to the Department of Public Safety. The history note for former 13 AAC 104.110 carries forward the history from former 15 AAC 104.110. As of Register 203 (October 2012), and acting under AS 44.62.125(b)(6), the regulations attorney relocated former 13 AAC 104.110 to 3 AAC 304.110, to reflect ch. 55, SLA 2012. Chapter 55, SLA 2012 relocated the Alcoholic Beverage Control Board from the Department of Public Safety to the Department of Commerce, Community, and Economic Development. The history note for 3 AAC 304.110 carries forward the history from former 13 AAC 104.110.

History

Eff. 4/28/84, Register 90; am 5/1/94, Register 130

References

15.104.110;13.104.110;3.304.110