Section 3.304.112. Selection among competing applications within incorporated cities, organized boroughs, and unified municipalities.

	(a)  Within an incorporated city, organized borough, or unified municipality, all competing applications, as defined in 3 AAC 304.110(c), will be considered together by the board under this section.  
	(b)  If affiliates, or persons who are related by birth or marriage, have filed competing applications for premises at a single location, the board will, in its discretion, deny all but one of those applications.  
	(c)  The board will deny any competing applications which are required to be denied under AS 04.11.320, 04.11.340, or 04.11.480.  
	(d)  If the denial of one or more competing applications under (b) or (c) of this section causes any other competing applications to cease to be mutually exclusive, the board will, in its discretion, approve the applications which are no longer mutually exclusive.  
	(e)  If there continue to be competing applications after the steps in (b), (c), and (d) of this section are taken, the board will, in its discretion, grant any applications the board considers most in the public interest. The factors the board will, in its discretion, consider in determining the public interest include the safety, suitability, and proximity to other licensed premises of the location of the proposed premises; the size of the proposed premises; community amenities associated with the premises, including entertainment, dining facilities, and tourist accommodations; and preferences or priorities expressed by the local governing body.  
	(f)  If there continue to be competing applications after the steps in (b), (c), (d), and (e) of this section are taken, the board will, in its discretion, conduct a drawing to determine which remaining competing applications to approve.  
	(g)  A competing application not granted under this section will be denied without prejudice to future application.  
	(h)  A license granted under this section will be issued after the time within which unsuccessful competing applicants may appeal the denial of their applications, and after all statutory requirements are met by the successful applicant.  

Authorities

04.06.090;04.06.100;04.11.260;04.11.320;04.11.340;04.11.400;04.11.480;04.11.510;04.11.560;44.62.125

Notes

Authority

AS 04.06.090 AS 04.06.100 AS 04.11.260 AS 04.11.320(a) AS 04.11.340(2) AS 04.11.400(a) AS 04.11.480 AS 04.11.510 AS 04.11.560 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 104.112 to former 13 AAC 104.112, and made a conforming technical change to former 13 AAC 104.112(a), 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 104.112 carries forward the history from former 15 AAC 104.112. As of Register 203 (October 2012), and acting under AS 44.62.125(b)(6), the regulations attorney relocated former 13 AAC 104.112, and made conforming technical changes to 3 AAC 304.112 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 304.112 carries forward the history from former 13 AAC 104.112.

History

Eff. 4/28/84, Register 90; am 5/19/85, Register 94; am 5/1/94, Register 130

References

15.104.112;13.104.112;3.304.112