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(a) Except as provided in (b) of this section, in a proceeding under AS 04.11.510 (c), the board may impose a civil fine upon a licensee, in accordance with AS 04.11.575 , not to exceed the greater of
(1) an amount that is three times the monetary gain realized by the licensee as determined by the board as a result of the violation;
(2) $10,000 for the first violation;
(3) $30,000 for the second violation; or
(4) $50,000 for the third or subsequent violation.
(b) In a proceeding against a general wholesale licensee under AS 04.11.510 (c) for a violation of AS 04.11.160 pertaining to the sale of alcoholic beverages to unlicensed persons, the board may impose a civil fine of $5,000 for each illegal sale. The board may suspend all or part of the fine based on the circumstances of the illegal sales. For the purpose of this section, "sale" means a single delivery on a single date to a single purchaser.
History: Eff. 5/22/92, Register 122; am 8/24/2001, Register 159
Authority: AS 04.06.100
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 104.540 to 13 AAC 104.540, 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 104.540 carries forward the history from former 15 AAC 104.540.
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Last modified 7/05/2006