Section 5.93.550. Qualifications for and appointment of license vendor.

	(a)  A natural person who is at least 18 years of age and who has not been convicted of a felony within the five years preceding the date of appointment qualifies for appointment as a license vendor. A business entity with a current business license in this state issued under AS 08  and 12 AAC 12 qualifies for appointment as a license vendor.  
	(b)  An applicant for an appointment as a license vendor shall apply to the commissioner by submitting an application form prescribed and provided by the department. The application form must be completed and signed by the applicant. If the applicant is a business entity, the application form must be signed by an authorized representative of the applicant and must designate an authorized representative of the applicant at each of the locations that licenses will be issued who will  
		(1) serve as the department's primary contact for that location on matters relating to licensing; and  
		(2) remit payments and provide reports as required by the department, including certifying compliance with the applicant's duties and obligations as a license vendor at that location.  
	(c)  An appointment as a license vendor is solely at the discretion of the commissioner. The commissioner may deny an appointment of a license vendor applicant based on a finding that a particular area or locale is adequately served by existing license vendors and that appointment of an additional license vendor would not benefit the public, a finding that the applicant failed at any time in the preceding three years to perform duties of a license vendor under 5 AAC 93.555 or under the terms of an appointment contract, or a finding for any other reason that the commissioner determines warrants denial of an appointment. If the commissioner denies an applicant appointment under this subsection, the commissioner will advise the applicant in writing of the decision and the reasons for the denial. If the denial is based on a finding that the area or locale is adequately served by existing license vendors, the written decision will include a list of the name and address of each license vendor in the area or locale of the applicant.  
	(d)  An appointment is not effective until the commissioner notifies the applicant that the application has been accepted and the applicant has signed and returned to the commissioner a license vendor contract on a form provided by the department that includes  
		(1) the term of the appointment, not to exceed a calendar year;  
		(2) the class or classes of licenses that the license vendor is authorized to issue;   
		(3) an acknowledgement by the license vendor applicant that the commissioner may audit, examine, and collect the books and license inventory of the license vendor;  
		(4) the duties of the license vendor to remit the amounts due to the commissioner and account for all money collected, which unless otherwise specified in the contract must be remitted and accounted for no later than 15 days after the end of each calendar month;  
		(5) other reporting and accounting obligations of the license vendor;  
		(6) the duties of the license vendor regarding care and custody of licenses and related materials provided by the department, which include the duty not to change or deface any licenses and related material; and  
		(7) any other requirements the commissioner determines are appropriate.  
	(e)  Each year, the applicant must reapply and sign a new license vendor contract or a renewal of the contract on a form provided by the department for that calendar year.  
	(f)  A person may be appointed to serve as license vendor for a temporary period, not to exceed 45 days, by verbal notice, confirmed by the commissioner in writing, if the commissioner finds the appointment is necessary because of the death, incapacity, or resignation of a license vendor serving an area or locale, or the absence of a license vendor for an area or locale.  

Authorities

16.05.020;16.05.050;16.05.360;16.05.380;16.05.450

Notes

Authority

AS 16.05.020 AS 16.05.050 AS 16.05.360 AS 16.05.380 AS 16.05.450

History

Eff. 1/13/2012, Register 201