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Title 13 . Public Safety
Chapter 104 . Alcoholic Beverage Control Board
Section 180. Denial, suspension, revocation, or refusal to renew or transfer, in the public interest

13 AAC 104.180. Denial, suspension, revocation, or refusal to renew or transfer, in the public interest

(a) The factors the board will, in its discretion, consider in determining whether it is in the public interest to deny, revoke, suspend, or refuse to renew or transfer a license include

(1) the applicant's, the applicant's affiliates', the transferee's, or the transferee's affiliates' histories of commission of

(A) an act that constitutes a crime involving moral turpitude;

(B) a violation of AS 04 or regulations adopted by the board;

(C) a violation of the alcoholic beverage control laws of another state, as a licensee of that state; or

(D) a felony in this state, the United States, or another state or territory during the 10 years immediately preceding the date of application;

(2) whether the applicant, the applicant's affiliates, the transferee, or the transferee's affiliates are untrustworthy, unfit to conduct a licensed business, or a potential source of harm to the public;

(3) whether the applicant, the applicant's affiliates, the transferee, or the transferee's affiliates have permitted, on licensed premises belonging to that person, the occurrence of sexual contact between persons; for the purpose of this paragraph, "sexual contact" means the touching of genitals, anus, or female breast or the intrusion of any object into the genital or anal opening regardless of whether the act was consensual; and

(4) all other factors the board in its discretion determines relevant to the public interest.

(b) The grounds on which a local governing body may properly protest an application under AS 04.11.480 include the grounds set out in (a) of this section.

History: Eff. 4/28/84, Register 90; am 5/1/94, Register 130; am 5/11/96, Register 138

Authority: AS 04.06.090

AS 04.06.100

AS 04.11.320

AS 04.11.330

AS 04.11.340

AS 04.11.360

AS 04.11.370

AS 04.11.480

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 104.180 to 13 AAC 104.180, 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 104.180 carries forward the history from former 15 AAC 104.180.


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Last modified 7/05/2006