Chapter 9.16
LIQUOR LICENSES1
Sections:
9.16.010 Cooperation with State Beverage Control Board.
9.16.020 Licensing procedure.
9.16.022 Closing hours.
9.16.010 Cooperation with State Beverage Control Board.
It is declared the policy of the Fairbanks North Star Borough to cooperate with and aid the Alcoholic Beverage Control Board for the state of Alaska in determining the fitness of applicants requesting a transfer, renewal or issuance of a new liquor license. (Ord. 71-19, 1971; prior code § 47.05.011)
9.16.020 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 his authorized agent shall investigate to determine if the borough has an interest other than payment of property taxes 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; and
2. Except as provided in subsection (A)(3) of 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 allowed a reasonable opportunity to defend the application at the public hearing.
3. License renewals will be scheduled for public hearing only if the borough mayor or an assemblymember determines that an interest of the borough other than payment of property taxes can be protected by recommending conditions or protesting the application.
B. If the borough mayor determines that an interest of the borough other than payment of property taxes can be protected by recommending conditions or protesting the granting of the application, he shall so inform the borough assembly.
C. Grounds for protesting 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.
D. The assembly, after public hearing, shall determine by resolution 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.
E. 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.
F. The assembly, after public hearing, may recommend that a license be issued, renewed, relocated, or transferred with conditions.
G. 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. 2011-17 § 2, 2011; Ord. 99-067 § 2, 1999; Ord. 87-045 § 2, 1987; Ord. 83-97 § 2, 1983; Ord. 71-19, 1971; prior code § 47.05.021)
9.16.022 Closing hours.
A. Package Stores. A package store licensee may not sell, offer for sale, give, furnish or deliver any alcoholic beverage on any licensed premises between the hours of midnight and 8:00 a.m.
B. Beverage Dispensaries and Other Premises Licensed for Consumption. A person may not sell, offer for sale, give, furnish or deliver any alcoholic beverage for consumption on premises licensed by the Alcoholic Beverage Control Board within the Fairbanks North Star Borough between the hours of 2:00 a.m. and 10:00 a.m. Monday through Friday, or 3:30 a.m. and 10:00 a.m. Saturday and Sunday. (Ord. 96-028 § 2, 1996; Ord. 95-008 § 2, 1995)
For statutory provisions requiring a hearing when the local governing body protests the issuance of a liquor license which the Alaska Alcoholic Beverage Control Board intends to issue, see AS 04.11.