Section 3.304.540. Civil fine.

Latest version.

	(a)  Except as provided in (b) of this section, in a proceeding under AS 04.11.510(c), the board may impose a civil fine upon a licensee, in accordance with AS 04.11.575, not to exceed the greater of  
		(1) an amount that is three times the monetary gain realized by the licensee as determined by the board as a result of the violation;  
		(2) $10,000 for the first violation;  
		(3) $30,000 for the second violation; or  
		(4) $50,000 for the third or subsequent violation.  
	(b)  In a proceeding against a general wholesale licensee under AS 04.11.510(c) for a violation of AS 04.11.160 pertaining to the sale of alcoholic beverages to unlicensed persons, the board may impose a civil fine of $5,000 for each illegal sale. The board may suspend all or part of the fine based on the circumstances of the illegal sales. For the purpose of this section, "sale" means a single delivery on a single date to a single purchaser.

Authorities

04.06.100;04.11.160;04.11.575;44.62.125

Notes

Authority
 AS 04.06.100  
AS 04.11.160  
AS 04.11.575  
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 104.540 to former 13 AAC 104.540, 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 104.540 carries forward the history from former 15 AAC 104.540.  
As of Register 203 (October 2012), and acting under AS 44.62.125(b)(6), the regulations attorney relocated former 13 AAC 104.540 to 3 AAC 304.540, 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 304.540 carries forward the history from former 13 AAC 104.540.  
History Eff. 5/22/92, Register 122; am 8/24/2001, Register 159

References

15.104.540;13.104.540;3.304.540

                    
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