9.08.020 Licensing procedure.
A. Upon receipt of notice from the Alcoholic Beverage Control Board for the state of Alaska of the Board’s receipt of an application or intent to approve the transfer, renewal or issuance of a new liquor license:
1. The Borough Mayor or their authorized agent shall investigate to determine if the Borough has an interest which can be protected by protesting the approval of the application for transfer, renewal or issuance of a new liquor license by the state Board.
2. If the Borough Mayor or their authorized agent determines that an applicant has delinquent Borough taxes or that the sale or consumption of alcohol in the proposed location violates the zoning code, they shall protest the application and provide written notice to the applicant, and so inform the Borough Assembly. The Mayor shall request such protest be lifted if the basis for protest is remedied.
3. If the Borough Mayor determines that another interest of the Borough can be protected by recommending conditions or protesting the granting of the application, they shall so inform the Borough Assembly and may bring forth conditions or a protest for the Assembly’s consideration. The Borough Mayor shall ensure that a copy of the application and the investigation results are provided to the Assembly in a timely manner but no later than 15 days before the final scheduled Assembly meeting occurring during the protest time period.
4. Except as otherwise provided in this section, the Borough Clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the Borough Assembly in order that citizens may express their desires as to whether or not the Assembly should approve or protest the application or recommend that the license be issued, renewed, relocated or transferred with conditions. The applicant shall be provided notice of any recommendation to protest and allowed a reasonable opportunity to defend the application at the public hearing.
5. License renewals will be scheduled for public hearing only if the Borough Mayor or an Assemblymember determines that an interest of the Borough can be protected by recommending conditions or protesting the application.
B. Grounds for an Assembly protest of an application include but are not limited to:
1. Whether the applicant has complied with conditions imposed by the state Alcoholic Beverage Control Board;
2. Public health or safety, including pedestrian or vehicular traffic safety;
3. The character and public interests of the surrounding neighborhood;
4. The grounds specified in regulations of the state Alcoholic Beverage Control Board;
5. Any other factors the Assembly in its discretion determines relevant to the public interest.
C. The Assembly, after public hearing and reasonable notice to the applicant of any grounds for protest, shall determine if a protest to the application is to be lodged with the Board. If a protest is lodged, the Assembly must set out its reasons in a written protest filed with the Board and copied to the applicant within 60 days of receipt from the Board of notice of filing the application. The reasons stated by the Assembly must be logical grounds for opposing the application or continued operation of the license and have a reasonable basis in fact. The protest may be based upon facts that render the particular application objectionable to the Assembly, or may be based upon a general public policy. If based on a general public policy, the policy must have a reasonable basis in fact, may not be contrary to law, and may not be patently inapplicable to the particular application being protested. If a protest is lodged, the Borough Mayor and Borough Attorney are authorized to use any document or evidence necessary to effectively advance the position of the Borough at any hearing before the state Alcoholic Beverage Control Board.
D. The Assembly may protest the continued operation of a license during the second year of the biennial license period by sending the Board and the licensee a protest and the reasons for the protest by January 31st of the second year of the license.
E. The Assembly, after public hearing, may recommend that a license be issued, renewed, relocated, or transferred with conditions.
F. In addition to the right to protest, the Assembly may notify the Alcoholic Beverage Control Board that the Assembly has determined that a licensee has violated a provision of Title 4 of the Alaska Statutes or a condition imposed by the Board. (Ord. 2019-09 § 2, 2019; Ord. 2017-65 § 2, 2017; Ord. 2016-42 § 2, 2016; Ord. 2011-17 § 2, 2011; Ord. 99-067 § 2, 1999; Ord. 87-045 § 2, 1987; Ord. 83-97 § 2, 1983; Ord. 71-19, 1971. 2004 Code § 9.16.020.)