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(a) A licensee desiring designation under 13 AAC 104.715 - 13 AAC 104.795 as a bona fide restaurant, hotel, or eating place for purposes of AS 04.16.010 (c) or 04.16.049 must file with the director an application, on a form prescribed by the board, together with an initial application fee of $50. Designation will be granted only to a holder of a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license, and only if the requirements of 13 AAC 104.725 and 13 AAC 104.745, as applicable, are met.
(b) The designation application must include
(1) a statement of the type of designation requested, whether for employment under AS 04.16.049 (c), for dining under AS 04.16.010 after standard closing hours, for dining under AS 04.16.049 (a)(2), for dining under AS 04.16.049 (a)(3), or for any combination of those designations;
(2) a description of the location of the premises for which the designation is desired;
(3) a listing of meals to be offered to patrons; if a menu is not available, the applicant shall state what the menu is expected to be;
(4) a detailed floor plan of the proposed designated and undesignated areas of the licensed business;
(5) a description of any entertainment offered or available within the licensed business, and on the proposed designated portions of the premises;
(6) a description of the manner of food and beverage service offered or anticipated, whether table service, buffet service, counter service, or other;
(7) a statement of whether an owner, manager, or assistant manager is always present on the premises during business hours; and
(8) any other information required by the board.
(c) The board will, in its discretion, reduce the premises area requested to be designated in the application.
(d) A restaurant designation granted to the holder of a golf course license is limited to the clubhouse.
History: Eff. 10/24/87, Register 104; am 9/11/98, Register 147; am 7/19/2000, Register 155
Authority: AS 04.06.090
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 104.715 to 13 AAC 104.715, and made conforming technical changes to 13 AAC 104.715(a) , 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 104.715 carries forward the history from former 15 AAC 104.715.
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Last modified 7/05/2006