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Title 13 . Public Safety
Chapter 104 . Alcoholic Beverage Control Board
Section 125. Public notice

13 AAC 104.125. Public notice

(a) The notice required by AS 04.11.310 must be given as follows:

(1) by posting for a period of at least 10 days a true copy of the application at

(A) the location of the proposed premises; and

(B) one other conspicuous location in the area of the proposed premises; and

(2) by an announcement, published once a week for three consecutive weeks in a newspaper of general circulation in the area or broadcast twice a week for three consecutive weeks by a radio station serving the area, stating

(A) the name of the applicant and the transferee if applicable;

(B) the name and location of the proposed premises;

(C) the type of license applied for;

(D) that any comment or objection may be submitted to the board; and

(E) whether the application is for a new license or transfer of an existing license.

(b) Proof of posting and of publication or broadcast must be made by affidavit which must be attached to the application.

(c) If the director considers it necessary to provide adequate public notice, or if the director is requested to do so by a local governing body or village counsel, the director will, in his discretion, require that the announcement described in (a) of this section be given in the Native language as well as in English.

(d) The public notice must be given within the 60 days immediately preceding the filing of the application.

(e) Notwithstanding (a)(2) of this section, within the municipality of Anchorage, the City and Borough of Juneau, and the Fairbanks North Star Borough, the applicant shall provide notice of the application by an announcement, published once a week for three consecutive weeks in a newspaper of general circulation in the area. In the communities specified in this subsection, broadcast notice by a radio station may not substitute for newspaper notice.

(f) A newspaper notice of an application must be by display advertisement measuring a minimum of one column inch by three inches.

(g) A broadcast notice of an application by radio station must occur during triple A advertising time.

History: Eff. 11/29/81, Register 80; am 5/1/94, Register 130

Authority: AS 04.06.090

AS 04.06.100

AS 04.11.260

AS 04.11.310

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 104.125 to 13 AAC 104.125, 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 104.125 carries forward the history from former 15 AAC 104.125.


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Last modified 7/05/2006