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(a) Upon application under 13 AAC 104.715 for a designation under AS 04.16.049 (a)(2) or (3), or both, the board will, in its discretion, designate a licensed premises for dining by a person under the age of 21 who is not accompanied by a parent, legal guardian, or spouse who has attained the age of 21, only if it finds that
(1) the premises are a bona fide restaurant;
(2) there is supervision on the premises adequate to reasonably ensure that a person under the age of 21 will not obtain alcoholic beverages; and
(3) it is unlikely persons under the age of 21 will enter and remain on the premises for purposes other than dining.
(b) The board will generally presume that the premises are a bona fide restaurant for purposes of (a)(1) of this section if
(1) the premises are licensed as a restaurant or eating place;
(2) at least 50 percent of the gross revenue of the licensed business is from the sale of food and non-alcoholic beverages; or
(3) the premises are a facility at which the patron's primary activity is dining.
(c) For purposes of (a)(3) of this section, the board generally will presume that premises are unlikely to be entered by persons under the age of 21 other than for purposes of dining if no entertainment other than dining is provided or available. "Entertainment" includes live music, dancing, pool and other table games, sports, pinball, and video games.
(d) The presumptions in (b) and (c) of this section are neither conclusive nor exclusive. The board will, in its discretion, find that premises that satisfy the presumptions are not a bona fide restaurant or do not provide adequate supervision. The board will, in its discretion, find that premises not satisfying the presumptions in (b) and (c) of this section are nonetheless a bona fide restaurant with adequate supervision.
(e) An application for a new designation of premises under this section will be approved by the board only if it is approved by the local governing body having jurisdiction over the area in which the licensed premises exists.
History: Eff. 10/24/87, Register 104
Authority: AS 04.06.100
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 104.725 to 13 AAC 104.725, and made a conforming technical change to 13 AAC 104.725(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 104.725 carries forward the history from former 15 AAC 104.725.
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Last modified 7/05/2006