Sec. 04.11.400. Population limitations.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as provided in (f), (i), and

(k)of this section and AS 04.11.405 , a new license may not be issued and the board may prohibit relocation of an existing license

(1)outside an established village, incorporated city, unified municipality, or organized borough if, after the issuance or relocation, in a radius of five miles of the licensed premises, excluding the populations of established villages, incorporated cities, unified municipalities, and organized boroughs that are wholly or partly included within the radius, there would be

(A)more than one restaurant or eating place license for each 1,500 population or fraction of that population;

(B)more than one brewery retail, one winery retail, and one distillery retail license for each 9,000 population or fraction of that population; or

(C)more than one license of each other type, except a type listed in

(i)of this section, for each 3,000 population or fraction of that population;

(2)inside an established village, incorporated city, or unified municipality if, after the issuance or relocation, there would be inside the established village, incorporated city, or unified municipality

(A)more than one restaurant or eating place license for each 1,500 population or fraction of that population;

(B)more than one brewery retail, one winery retail, and one distillery retail license for each 9,000 population or fraction of that population; or

(C)more than one license of each other type, except a type listed in

(i)of this section, for each 3,000 population or fraction of that population;

(3)inside an organized borough but outside an established village or incorporated city located within the borough if, after the issuance or relocation, there would be inside the borough, but outside the established villages and incorporated cities located within the borough, excluding the population of those established villages that have adopted a local option under AS 04.11.491 (b)(1) or (3), and excluding the population of incorporated cities located within the organized borough,

(A)more than one restaurant or eating place license for each 1,500 population or fraction of that population;

(B)more than one brewery retail, one winery retail, and one distillery retail license for each 9,000 population or fraction of that population; or

(C)more than one license of each other type, except a type listed in

(i)of this section, for each 3,000 population or fraction of that population.

(b)If the radius described in (a)(1) of this section encompasses all of an established village, incorporated city, or unified municipality and the population resident inside and outside the established village, incorporated city, or unified municipality but inside the radius described in (a)(1) of the section is less than 3,000, the board may deny the issuance or relocation of the license.

(c)[Repealed, § 88 ch 74 SLA 1985.]

(d)[Repealed, § 164 ch 8 SLA 2022.]

(e)[Repealed, § 165 ch 8 SLA 2022.]

(f)An application requesting a transfer of location of licensed premises limited under

(a)or

(b)of this section shall be granted without regard to

(a)of this section if the new location is less than one mile from the original location and

(1)no ground for denial exists under AS 04.11.340

(1)or (3); and

(2)relocation of the licensed premises is necessary due to

(A)termination of a lease or rental agreement;

(B)condemnation of the premises;

(C)the substantial destruction of the premises by any cause.

(g)[Repealed, § 165 ch 8 SLA 2022.]

(h)[Repealed, § 164 ch 8 SLA 2022.]

(i)This section does not apply to a

(1)brewery manufacturer license issued under AS 04.09.020 ;

(2)winery manufacturer license issued under AS 04.09.030 ;

(3)distillery manufacturer license issued under AS 04.09.040 ;

(4)general wholesale license issued under AS 04.09.100 ;

(5)limited wholesale brewed beverage and wine license issued under AS 04.09.110 ;

(6)outdoor recreation lodge license issued under AS 04.09.280 ;

(7)destination resort license issued under AS 04.09.310 ;

(8)beverage dispensary tourism license issued under AS 04.09.350 ;

(9)seasonal restaurant or eating place tourism license issued under AS 04.09.360 ;

(10)manufacturer direct shipment license issued under AS 04.09.370 ;

(11)conditional contractor's permit issued under AS 04.09.710 .

(j)[Repealed, § 164 ch 8 SLA 2022.]

(k)The board may allow the relocation of an existing beverage dispensary license under AS 04.09.200 or former AS 04.11.090 to a restaurant, eating place, or hotel, motel, resort, or similar business that contains a restaurant or eating place, an existing package store license under AS 04.09.230 or former AS 04.11.150 , an existing brewery retail license under AS 04.09.320 , an existing winery retail license under AS 04.09.330 , or an existing distillery retail license under AS 04.09.340 in a borough with a population of 50,000 or more into or within an incorporated city in the borough. The board may not approve the relocation unless, at the time of application, the existing number of issued licenses of the type under consideration for relocation located within the borough exceeds the maximum allowed under

(a)of this section and the governing bodies of both the borough and the incorporated city approve the relocation. The board may allow not more than three relocations into each city under this subsection each decade. In this subsection, “decade” means each 10-year period beginning April 1 in a year ending in zero.

(l)In (a)(1) of this section, “population” includes only those persons residing inside the radius not later than the date the application is received by the board and not earlier than 60 days before the application is received by the board.

(m)In (a)(2) and

(3)of this section, “population” includes only those persons residing inside the established village, incorporated city, unified municipality, or organized borough as of December 31 of the year preceding the date of application.

(n)In this section “radius” means the circular area or distance limited by the sweep of a straight line originating at the proposed licensed premises and extending outward.