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(a) Within an incorporated city, organized borough, or unified municipality, all competing applications, as defined in 13 AAC 104.110(c) , will be considered together by the board under this section.
(b) If affiliates, or persons who are related by birth or marriage, have filed competing applications for premises at a single location, the board will, in its discretion, deny all but one of those applications.
(c) The board will deny any competing applications which are required to be denied under AS 04.11.320 , 04.11.340, or 04.11.480.
(d) If the denial of one or more competing applications under (b) or (c) of this section causes any other competing applications to cease to be mutually exclusive, the board will, in its discretion, approve the applications which are no longer mutually exclusive.
(e) If there continue to be competing applications after the steps in (b), (c), and (d) of this section are taken, the board will, in its discretion, grant any applications the board considers most in the public interest. The factors the board will, in its discretion, consider in determining the public interest include the safety, suitability, and proximity to other licensed premises of the location of the proposed premises; the size of the proposed premises; community amenities associated with the premises, including entertainment, dining facilities, and tourist accommodations; and preferences or priorities expressed by the local governing body.
(f) If there continue to be competing applications after the steps in (b), (c), (d), and (e) of this section are taken, the board will, in its discretion, conduct a drawing to determine which remaining competing applications to approve.
(g) A competing application not granted under this section will be denied without prejudice to future application.
(h) A license granted under this section will be issued after the time within which unsuccessful competing applicants may appeal the denial of their applications, and after all statutory requirements are met by the successful applicant.
History: Eff. 4/28/84, Register 90; am 5/19/85, Register 94; am 5/1/94, Register 130
Authority: AS 04.06.090
AS 04.11.320 (a)
AS 04.11.340 (2)
AS 04.11.400 (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 104.112 to 13 AAC 104.112, and made a conforming technical change to 13 AAC 104.112(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 104.112 carries forward the history from former 15 AAC 104.112.
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Last modified 7/05/2006