Sec. 04.16.180. Penalties for violation.

492 words·~2 min read·/ak/title-4/chapter-16/04-16-180

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

(a)[Repealed, § 164 ch 8 SLA 2022.]

(b)A suspension or revocation of a license ordered by the board under AS 04.11.370 (a)(4) and

(5)shall be as follows:

(1)on first conviction, the license of the premises involved may not be revoked, but, except as provided in AS 04.16.030 and 04.16.052, may be suspended for not more than 45 days;

(2)on second conviction, the license of the premises involved may not be revoked, but may be suspended for not more than 90 days;

(3)on third conviction, the license of the premises involved may be suspended or revoked.

(c)This section does not affect the authority of the board to suspend or revoke a license when the board determines that continuance of activities under a license would not be in the best interests of the public.

(d)[Repealed, § 164 ch 8 SLA 2022.]

(e)In addition to the criminal penalties specified in this title and AS 12.55 , a holder of a license under this title who is convicted of a crime or offense involving the violation of a provision of this title or a regulation adopted under this title is subject to suspension or revocation of the license under this section and other administrative penalties imposed by the board. For purposes of administrative penalties under this subsection, each violation is a separate offense.

(f)The holder of a license subject to suspension or revocation under (b)(2) or

(3)of this section may request a hearing to petition the board to reduce the administrative penalty. The board may reduce the administrative penalty if the licensee shows, by a preponderance of the evidence, that

(1)the licensee complied with the alcohol server education course requirement of AS 04.21.025 and adopted and enforced a compliance program and a disciplinary program for agents and employees of the licensee;

(2)the licensee has a pattern and practice of exercising the degree of care required under AS 04.16.030 ;

(3)the licensee posted warning signs as required under AS 04.21.065 ; and

(4)in the case of a conviction for a violation of AS 04.16.030 or 04.16.052, the agent or employee convicted under AS 04.16.030 or 04.16.052 completed an alcohol server education course under AS 04.21.025 .

(g)In this section,

(1)“conviction” includes a conviction of a violation, a misdemeanor, and a felony;

(2)“second conviction” and “third conviction” include only convictions for violations that occur within five years after the first conviction; the terms refer to the cumulative number of convictions of a licensee of any combination of violations of the provisions of this title, regulations adopted under this title, or ordinances adopted under AS 04.21.010 ; “second conviction” and “third conviction” include a conviction of the agent or employee of a licensee of a violation of a law, regulation, or ordinance if the conviction constitutes a ground for suspension or revocation under AS 04.11.370 (a)(5).