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(a) The board will, in its discretion, suspend or revoke a license on the grounds stated in AS 04.11.370 . In addition, the board will, in its discretion, suspend or revoke a license upon conviction of the licensee for a felony.
(b) Upon conviction of an agent or employee of the licensee, the board may find under AS 04.11.370 (5) that the licensee knowingly allowed the violation, or recklessly or with criminal negligence failed to act in accordance with the duty prescribed under AS 04.21.030 , if
(1) the licensee was physically present when the violation occurred and knew or should have known the violation was occurring and took no action to stop it;
(2) the licensee failed to adequately supervise the agent or employee;
(3) the licensee failed to adequately train the agent or employee in the requirements of AS 04 relating to alcoholic beverages; or
(4) the licensee was reckless or careless in hiring the agent or employee.
(c) If the licensee is a corporation, the conviction of a shareholder holding 10 percent or more of the outstanding common stock of the corporation or of an officer or director of the corporation is considered to be a conviction of the licensee.
(d) A duplicate beverage dispensary license and the beverage dispensary license to which it relates are considered to be a single license for purposes of suspension or revocation.
(e) If the licensee is a limited liability organization, the conviction of a manager or a member who holds 10 percent or more of the limited liability organization's ownership interest is considered to be a conviction of the licensee.
History: Eff. 11/29/81, Register 80; 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 104.535 to 13 AAC 104.535, 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 104.535 carries forward the history from former 15 AAC 104.535.
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Last modified 7/05/2006