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(a) A dedesignation permit allows the holder of a beverage dispensary or restaurant or eating place license to use the licensed premises or a portion of the licensed premises, on a temporary basis, for an event at which persons 17 years of age or older will be present. Alcoholic beverages may not be sold, served, or consumed at the licensed premises during the period beginning two hours before and ending one hour after the times identified in the permit during which under-age persons will be on the premises. A permit may not be exercised during hours of closure under AS 04.16.010 .
(b) Application for a dedesignation permit must be made on forms provided by the board. A non-refundable application fee of $50 must accompany the application. A permit may be approved by the director for no more than three consecutive days for an event.
(c) An application for a dedesignation permit must include information about the relevant event as required by the board, and must include the written approval of the law enforcement agency having jurisdiction over the designated premises of the event for which the permit is sought.
(d) An application for a dedesignation permit must be filed with the director no later than 24 hours before the event for which the permit is requested.
(e) Before applying for a dedesignation permit, a licensee's licensed premises must be certified as suitable for the purposes of this section. Certification must be requested by the licensee on an application form provided by and filed with the board. Upon receiving an application for certification, the board will forward a copy of the application to the local governing body having jurisdiction over the area in which the licensed premises is located or, if no local governing body exists, to a school board whose students would be expected to attend an event at the licensed premises. Unless the board, and either the local governing body or school board as appropriate, approve an application for certification, an application for a dedesignation permit under this section will not be approved by the director. A non-refundable $50 application fee and a detailed diagram showing the proposed certified area must accompany an application for certification.
(f) The dedesignation permit and a copy of the approved application for certification must be conspicuously posted at the main entrance to the licensed premises during the time a permit is exercised.
(g) A permit may not be transferred, relocated, or renewed.
(h) Any person possessing or consuming or suspected of possessing or consuming alcoholic beverages, or exhibiting characteristics of intoxication, at the licensed premises during the permit period must be removed immediately from the premises for the duration of the event.
(i) During the time when a permit is exercised, the premises is still a "licensed premises" under AS 04. Violation of any statute, regulation, or local ordinance governing alcoholic beverages on the licensed premises is grounds for suspension or revocation of the licensee's premises certification and license. A debt that is incurred for or during an event for which a dedesignation permit is granted is still considered a debt incurred in the operation of the license for purposes of transfer of ownership of the holder's license under AS 04.11.360 .
(j) In connection with its functions under (c), (e), and (k) of this section, a school board, a local governing body, or a law enforcement organization, as appropriate, may place limitations or restrictions on the premises certification and the permit as necessary to assure adequate security and control in the public interest. The director, or a peace officer whose jurisdiction includes the licensed premises, may terminate a permit at any time in the public interest.
(k) A premises certification under this section is a privilege above that of a license, and is granted with the understanding that the board will, in its discretion, suspend or revoke the certification for good cause without a hearing under AS 04.11.510 or the Administrative Procedure Act (AS 44.62). The director will notify a licensee in writing not less than 10 days before board consideration of suspension or revocation of a licensee's premises certification. The board will afford the licensee an opportunity to be heard. A local governing body or school board may withdraw its approval of a certification at any time by written notice to the board and licensee.
( l ) For purposes of this section, "event" includes a banquet, ball, graduation celebration, and entertainment.
History: Eff. 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 104.660 to 13 AAC 104.660, 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 104.660 carries forward the history from former 15 AAC 104.660.
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Last modified 7/05/2006