13 AAC 104.305. Restaurant or eating place license

(a) In AS 04.11.100 and this section, a "bona fide restaurant or eating place" is an establishment, or portion of an establishment, where, during all times that beer or wine is served or consumed,

(1) the patron's principal activity is consumption of food; and

(2) a variety of types of food items appropriate for meals is available for sale as shown on a menu provided to patrons and filed with the board;

(3) repealed 9/11/98.

(b) In considering an application for issuance, transfer, or relocation of a restaurant or eating place license, the board will determine the portion of the premises or proposed premises that constitutes a restaurant or eating place, and will license only that portion for the sale and consumption of alcoholic beverages.

(d) The board will, in its discretion, require the licensed premises to be separated from the unlicensed portion of the business in a manner acceptable to the board. Changes in the structure, layout, or use of any portion of the licensed premises must have the prior approval of the board.

(e) Gross receipts generated from business conducted on unlicensed portions of a licensed business are excluded from the calculation of gross receipts for purposes of this section and AS 04.11.100 .

(f) Notwithstanding (b) of this section, upon a licensee's written request accompanied by a detailed premises diagram, the board will, in its discretion, approve a portion of licensed restaurant or eating premises to alternate as licensed or unlicensed premises under the following conditions:

(1) approval will be granted only if the board finds that use of the identified area as alternating premises will stimulate tourism or promote activities open to the general public;

(2) a debt that is incurred during times when the identified area is unlicensed will be considered a debt incurred in the operation of the licensed business for purposes of transfer of the license under AS 04.11.360 ;

(3) at any time with written notice to the licensee, the board has the discretion, for any reason, to withdraw its approval of use of the identified area as alternating premises;

(4) caterer's permits issued under AS 04.11.090 may be exercised in the alternating area during times the identified area is unlicensed premises; and

(5) during times the identified area is unlicensed premises, all alcoholic beverages must either be removed from the identified area or be stored in location approved by the board to be secure from the public.

History: Eff. 11/29/81, Register 80; am 6/25/88, Register 106; am 5/1/94, Register 130; am 5/11/96, Register 138; am 9/11/98, Register 147

Authority: AS 04.06.090

AS 04.06.100

AS 04.11.100

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 104.305 to 13 AAC 104.305, 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 104.305 carries forward the history from former 15 AAC 104.305.

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.