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(a) The board recognizes that self regulation by licensees is a necessary ingredient for enforcement of alcoholic beverage statutes, regulations, and municipal ordinances. Therefore, the board adopts the following methods for communicating with licensees, to assist them in conducting their licensed businesses in the public interest and in conformity with existing statutes and regulations:
(1) Notice of violation.
(A) A notice of violation is intended to be an informal means of communicating to a licensee that a violation of a statute, regulation, or municipal ordinance might have occurred or might be occurring on the licensed premises. Investigative personnel of the board may issue a notice of violation to a licensee whenever a violation of the laws related to alcoholic beverages is found to exist. The notice may be issued from information recorded on an inspection report. A copy of the notice of violation shall be delivered to the licensee and the appropriate law enforcement agency, and shall be filed with the board. A "violation" includes those elements listed in AS 04.11.370 . In the director's discretion, a notice of violation will not be issued during the course of an investigation.
(B) Upon receipt of a notice of violation, a licensee may request to appear before the director and be heard regarding the notice of violation. The request must be made within 10 days after receipt of the notice, and the director shall grant an appearance within 10 days after receipt of the request. A licensee shall respond, either orally or in writing, to the notice of violation.
(C) A notice of violation and a response to a notice of violation will, in the board's discretion, be reviewed by the board in considering whether to suspend, revoke, or renew, a license, but does not alone constitute grounds for suspension, revocation, or refusal to renew. A violation itself does constitute such grounds, however, if proven by evidence at a hearing.
(D) A notice of violation is issued at the discretion of investigative personnel, and becomes a permanent record of the licensee to whom the notice was issued. A notice shall be on a form approved by the board. The director may dismiss a notice.
(2) Advisory notice. An advisory notice may be issued by investigative personnel to a licensee when an incident occurs or a defect is identified that could result in a violation of a statute, regulation, or municipal ordinance. The notice may be issued from information recorded on an inspection report. An advisory notice may not constitute grounds for administrative or judicial action against a licensee, but may be grounds for issuance of a notice of violation if the incident or defect continues uncorrected. A copy of an advisory notice will be filed only in a licensee's enforcement file.
(3) Inspection report. An inspection report is intended to document an investigator's inspection of a licensed premises. An inspection report shall be prepared on a form approved by the board, and shall reflect information prescribed by statute or regulation, or required by the board.
(b) Any notice or report issued to a licensee under this section may be reviewed by the board, at the licensee's written request, before initiation of any other administrative proceeding by the board's staff.
(c) Nothing in this section limits the authority of the board to suspend or revoke a license on grounds stated in AS 04.11.370 .
History: Eff. 11/29/81, Register 80; am 7/30/89, Register 111
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 104.525 to 13 AAC 104.525, 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 104.525 carries forward the history from former 15 AAC 104.525.
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Last modified 7/05/2006