Title 13 . Public Safety

Chapter 104 . Alcoholic Beverage Control Board

Section 100. When licenses become available

13 AAC 104.100. When licenses become available

Except as provided in 13 AAC 104.110, an application will be denied if it is received by the board at a time when there are no available licenses of the kind applied for. In this chapter, a license becomes available

(1) on the date the director determines the relevant population under 13 AAC 104.905, where the license becomes available because of an increase in the population during the preceding year;

(2) 10 days after the period for renewing licenses has expired, where the license becomes available because a license has expired and has not been renewed;

(3) on the conclusion of all appeals of the revocation, or on waiver of appeal by the licensee, whichever is later, where the license becomes available because of the revocation of another license;

(4) on the date determined by the board or the director in any other case.

History: Eff. 4/28/84, Register 90

Authority: AS 04.06.080

AS 04.06.090

AS 04.06.100

AS 04.11.340 (2)

AS 04.11.400 (a)

AS 14.11.320 (a)

Editor's note: As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 15 AAC 104.100 to 13 AAC 104.100, and made conforming technical changes to 13 AAC 104.100, to reflect Executive Order 110 (2003). Executive Order 110 relocated the Alcoholic Beverage Control Board from the Department of Revenue to the Department of Public Safety. The history note for 13 AAC 104.100 carries forward the history from former 15 AAC 104.100.

On January 1, 1984, 15 AAC 104.100, entitled "Moratorium on Certain Applications," took effect as an emergency regulation and was distributed in Register 89. The Alcoholic Beverage Control Board did not make the regulation permanent; therefore, it expired on April 29, 1984. After the emergency adoption, the board adopted a regulation entitled "When Licenses Become Available," effective April 28, 1984, and distributed in Register 90; inadvertently, that regulation was also designated 15 AAC 104.100. That section number was kept for that later regulation.