Chapter 6.16
LIQUOR LICENSES
Sections:
6.16.010 Definitions.
6.16.020 Review of liquor license applications.
6.16.030 Waiver of protest.
6.16.040 Consideration by council.
6.16.010 Definitions.
When used in this chapter, the following words and phrases shall have the meanings set forth in this section:
“Board” means the Alaska Alcoholic Beverage Control Board.
“License location” means the lot or parcel, and structure, where a licensed premises would be located pursuant to a liquor license application that is subject to review under this chapter.
“Licensed premises” is defined as provided in AS 04.21.080(12).
“Liquor license” means any of the licenses or permits described in AS 04.11.080. (Ord. 08-29 § 8, 2008; Ord. 08-15 § 2, 2008: Ord. 05-06(AM) § 2 (part), 2005)
6.16.020 Review of liquor license applications.
A. Upon receiving notice from the Board of an application for the issuance, renewal, transfer of location or transfer to another person of a liquor license for a license location in the city, including without limitation an application to transfer a license to a license location in the city under AS 04.11.400(m), the city shall refer the application for review:
1. By the planning office to determine whether any structure, or use of land or a structure, at the license location does not conform to Title 16 of this code, or the terms and conditions of any rezoning, planning commission approval, or administrative approval granted for the license location under Title 16 of this code. The planning office shall notify the applicant in writing of any nonconformity that it finds. In response to the notice, the applicant may either:
a. Provide evidence satisfactory to the mayor that the nonconformity has been corrected; or
b. Provide a plan for correction of the nonconformity satisfactory to the mayor, with security satisfactory to the mayor for the performance of the plan.
2. By the finance department to determine whether the licensee or license transferee is delinquent in paying to the city any tax, assessment, business license fee, or fee or charge for utility service, or to the Matanuska-Susitna Borough any real property tax, for the business that operates, or will operate, under the liquor license. The finance department shall notify the applicant in writing of any delinquency that it finds. In response to the notice, the applicant may either:
a. Provide evidence satisfactory to the mayor that the delinquent amount has been paid; or
b. Provide a plan for paying the delinquent amount satisfactory to the mayor, with security satisfactory to the mayor for the payment of the delinquent amount.
3. By the police department to determine whether, in the opinion of the chief of police, there has been an excessive number of convictions or arrests for unlawful activity at the license location, police reports of unlawful activity at the license location, or police dispatches to the license location. The police department shall notify the applicant in writing of any adverse finding under this subsection. (Ord. 08-15 § 3, 2008: Ord. 05-06(AM) § 2 (part), 2005)
6.16.030 Waiver of protest.
If, within twenty (20) business days after the referrals under Section 6.16.020 of a liquor license application that is subject to protest by the city under AS 04.11.480, the mayor finds that the referrals have resulted in no findings adverse to the liquor license application that have not been resolved, the mayor shall notify the Board that the city waives its right to protest the application. (Ord. 08-15 § 4, 2008: Ord. 05-06(AM) § 2 (part), 2005)
6.16.040 Consideration by council.
A. Within twenty (20) business days after the referrals under Section 6.16.020, the mayor shall schedule each liquor license application for which the city has not waived its right to protest under Section 6.16.030 for consideration by the city council at a city council meeting, and send written notice to the applicant. The notice shall include the following information:
1. The date and time of the meeting at which the council will consider the application;
2. A statement that the applicant may appear before the council at the meeting to defend the application; and
3. A summary of any unresolved findings adverse to the liquor license application that have resulted from the referrals under Section 6.16.020.
B. Before taking action on a liquor license application under this section, the city council shall provide the applicant an opportunity to make a presentation in defense of the application.
C. For a liquor license application that is subject to protest by the city under AS 04.11.480:
1. After considering the application, the city council may decide to:
a. Protest the application under AS 04.11.480(a);
b. Recommend conditions on which the application should be granted under AS 04.11.480(c); or
c. Take no action on the application.
2. If the city council protests an application or recommends conditions on which the application should be granted, the city council shall state on the record the reasons for its decision, and the mayor shall notify the Board and the applicant in writing of the decision of the council and the reasons therefor.
3. If the city council finds that the basis for its decision to protest an application, or to recommend conditions on which an application should be granted, no longer exists, the city council may rescind its decision and direct the mayor to notify the Board and the applicant of the rescission.
D. For one or more applications to relocate a liquor license location in the city under AS 04.11.400(m):
1. After considering the applications, the city council may decide to:
a. Approve one or more of the applications with or without conditions; or
b. Deny one or more applications.
2. The mayor shall notify the Board, the Matanuska-Susitna Borough, and the applicants in writing of the decision of the council and the reasons therefor. (Ord. 08-15 § 5, 2008: Ord. 05-06(AM) § 2 (part), 2005)