13 AAC 104.160. License renewals

(a) For purposes of AS 04.11.270 (b), a license renewal is timely and not delinquent if received at the board's main office or postmarked on or before December 31.

(b) For purposes of AS 04.11.540 , an application for renewal of a license as described in that section is considered submitted by February 28 if the renewal application is received at the board's main office or postmarked on or before February 28.

(c) If a mailed renewal application has an illegible postmark or an undated postmark, the postmark date is rebuttably presumed to be five calendar days before the application was received in the board's office.

(d) In this section, "postmark" means the official cancellation stamp used by the United States Postal Service that records the date and place of mailing.

(e) For the purposes of AS 04.11.540 , if a license has expired for failure to file a complete application for renewal by February 28 or for failure to pay the required fees and penalty fees by that date, the board will consider a written request to reinstate the license if the request is accompanied by

(1) a complete application;

(2) all required fees and penalty fees; and

(3) proof of good cause for the failure to file and pay by February 28.

(f) The board will deny a request for reinstatement submitted under (e) of this section if the board finds that the failure to timely file or pay was caused by

(1) the licensee's failure to notify the board of a change of the licensee's mailing address;

(2) a transfer of ownership of the business for which the license was issued without written approval of the board in violation of AS 04.11.040 ;

(3) a lease of the licensed business to another person in violation of AS 04.11.450 (c); or

(4) any other action of the licensee whether active or tacit that the board finds constitutes a failure to lawfully operate the business for which the license was issued.

History: Eff. 9/11/98, Register 147; am 6/13/2003, Register 166

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 104.160 to 13 AAC 104.160, 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 104.160 carries forward the history from former 15 AAC 104.160.

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