Section 3.304.196. Transfer of location of licenses under AS 04.11.400(k).

	(a)  An application for a transfer under AS 04.11.400(k) must comply with the requirements for notice under AS 04.11.280 and 04.11.290, as applicable. The criteria for denial of relocation under AS 04.11.340, and for denial of transfer of a license to another person under AS 04.11.360 apply to a transfer under AS 04.11.400(k).  
	(b)  If the board approves the transfer under AS 04.11.400(k) of a beverage dispensary license, the license becomes a license of the municipality where it is relocated. The license may be transferred to a new location and new person within the receiving municipality. If a license is transferred with a security interest under AS 04.11.360(4)(B) and 04.11.670, the retransfer back to the previous owner may not be made to the location of the former municipality.  
	(c)  A license that is located in a municipality as a result of annexation is not counted as a new license for purposes of AS 04.11.400(k).  
	(d)  When the board receives applications for a transfer that exceeds the number allowed per decade under AS 04.11.400(k), the board will approve the completed application that the board first received, if the application meets other applicable requirements of AS 04  and this chapter.  

Authorities

04.06.090;04.06.100;04.11.400;44.62.125;01.05.031

Notes

Authority

AS 04.06.090 AS 04.06.100 AS 04.11.400 Editor's note: As of Register 203 (October 2012), and acting under AS 44.62.125(b)(6), the regulations attorney relocated former 13 AAC 104.196 to 3 AAC 304.196, 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 304.196 carries forward the history from former 13 AAC 104.196. In 2012 the revisor of statutes, acting under AS 01.05.031, rearranged subsections within AS 04.11.400. As of Register 203 (October 2012), the regulations attorney made conforming technical revisions under AS 44.62.125(b)(6) to 3 AAC 304.196, so that cross-references to former AS 04.11.400(m) now refer to the redesignated subsection, AS 04.11.400(k).

History

Eff. 12/13/2009, Register 192

References

13.104.196;3.304.196