Chapter 5.01
LIQUOR LICENSES

Sections:

5.01.010    Cooperation with State Alcoholic Beverage Control Board.

5.01.020    License renewal procedure.

5.01.030    New license and transfer procedure.

5.01.010 Cooperation with State Alcoholic Beverage Control Board.

It is declared the policy of the 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. 86-07-O §2, 1986].

5.01.020 License renewal procedure.

A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board’s receipt of intent to approve the renewal of a new liquor license:

1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and

2. The clerk shall check with the state troopers on the number of trouble reports at the place of business.

B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued nonobjection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. [Ord. 86-07-O §2, 1986].

5.01.030 New license and transfer procedure.

A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board’s receipt of an application or intent to approve the transfer or issuance of a new liquor license:

1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license;

2. The clerk shall check with the state troopers on the number of trouble reports at the place of business;

3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and

4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough.

B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. [Ord. FY2008-16 §2, 2008; Ord. 98-09 §2, 1998; Ord. 86-07-O §2, 1986].