Chapter 5.08
LIQUOR REGULATIONS
Sections:
5.08.010 Sale of alcoholic beverages on election days.
5.08.030 Council review of license issuance, renewal, transfer, relocation, or continued operation.
5.08.010 Sale of alcoholic beverages on election days.
The City exercises its option under AS 4.16.070(b) and waives the requirements of AS 04.16.070(a)(1) and (2) and allows for the sale of alcoholic beverages on election day. (Ord. 83-4 § 1, 1983)
5.08.020 Closing hours.
No package store licensees may sell, offer for sale, give, furnish or deliver any intoxicating liquor on any licensed premises between the hours of midnight and 8:00 a.m. (Ord. 95-10 § 2, 1995)
5.08.030 Council review of license issuance, renewal, transfer, relocation, or continued operation.
A. The Council may protest the issuance, renewal, transfer, relocation, or continued operation of an alcoholic beverage license as provided in State law. The protest shall cite any of the following criteria which the Council determines to be pertinent:
1. The character and public interests of the surrounding neighborhood;
2. Actual and potential law enforcement problems, including the proximity of the premises to law enforcement stations and patrols;
3. The concentration of other licenses of the same and other types in the area;
4. Whether the surrounding area experiences an unacceptable rate of alcohol abuse or of crime or accidents in which the abuse of alcohol is involved;
5. The adequacy of parking facilities;
6. The safety of ingress to and egress from the premises;
7. Compliance with State and local fire, health and safety codes;
8. The degree of control the licensee has or proposes to have over the conduct of the licensed business;
9. The history of convictions of the applicants and affiliates of the applicants for:
a. Any felony involving moral turpitude;
b. Any violation of AS Title 04; and
c. Any violation of the alcoholic beverage control laws of another state as a licensee of that state;
10. Whether the applicant or the applicant’s affiliates are untrustworthy, unfit to conduct a licensed business or constitute a potential source of harm to the public.
B. The Council may also protest the issuance, transfer, renewal, relocation, or continued operation of a license as provided in State law if it determines any of the following conditions exist:
1. The business operated under the license is, on the date the Council considers the license, delinquent in the payment of any sales tax or penalty or interest on sales tax arising out of the operation of the licensed premises;
2. There are delinquent water and sewer charges or penalty or interest thereon arising out of the operation of the licensed premises;
3. There is a delinquent charge or assessment owing the City of North Pole by the licensee for a municipal service provided for the benefit of the business conducted under the license or for a service or an activity provided or conducted by the municipality at the request of or arising out of an activity of the business conducted under the license;
4. If the license requested is for a beverage dispensary and is requested under AS 04.11.400(d)(1), unless the tourist facility will contain thirty or more rooms;
5. The business operated under the license is, on the date the Council considers the application, in violation of State or local fire, health, or safety codes. A criminal conviction of the violation is not a prerequisite for a protest under this section.
C. If the Council recommends protest of the issuance, renewal, transfer, relocation, or continued operation of a license it shall state the basis of the protest and the applicant shall be afforded notice and an opportunity to be heard at an abbreviated informal hearing before the Council to defend the application. For the purposes of this subsection, notice shall be sufficient if sent at least ten days prior to the hearing by certified first class mail to the address last provided by the applicant to the City Clerk. At the conclusion of the hearing, the Council decision to protest the application shall stand unless the majority of the Council votes to withdraw the protest. (Ord. 16-06 § 2, 2016; Ord. 15-11 § 2, 2015)