Title 13 . Public Safety

Chapter 104 . Alcoholic Beverage Control Board

Section 905. Determining population criteria

13 AAC 104.905. Determining population criteria

(a) The board will use population figures generated by the Department of Commerce, Community, and Economic Development to establish a population figure for determining the quota of licenses available under AS 04.11.400 (a)(2). The Department of Commerce, Community, and Economic Development figures will be adjusted, however, in the following respects:

(1) prison populations will be excluded;

(2) the populations of colleges and universities will be discounted by the number of students who, according to best available information, are domiciled outside of the applicable population area;

(3) the population of military bases and installations will be discounted by the number of military personnel and their families who, according to best available information, are domiciled outside of the applicable population area.

(b) The population of incorporated cities and unified municipalities will be determined annually by the director, within a reasonable time after the figures generated by the Department of Commerce, Community, and Economic Development are made available to the director.

(c) If figures of the Department of Commerce, Community, and Economic Development are not available to the director by March 31 of any year, the director shall employ the best available information to establish, not later than April 30, the population figures under AS 04.11.400 (j) in determining the quota of available licenses.

(d) When submitting an application for a new license or relocation of an existing license outside an incorporated city, unified municipality, or organized borough, an applicant shall assist in the determination of population by submitting the following information with the application:

(1) a United States Geodetic Survey map with a scale of at least one inch to the mile showing the population within the circle described by AS 04.11.400 (a)(1);

(2) if a petition is required under AS 04.11.460 , a graphic designation on a United States Geodetic Survey map with a scale of at least one inch to the mile showing the population within a circle of the applicable radius, and showing where petition signatures were obtained; and

(3) the population within the applicable area and a narrative of how the population was determined.

History: Eff. 4/28/84, Register 90; am 10/24/87, Register 104

Authority: AS 04.06.080

AS 04.06.090

AS 04.06.100

AS 04.11.460

Editor's note: Effective in Register 133 (April, 1995), the regulations attorney made a technical correction in former 15 AAC 104.905, now 13 AAC 104.905, to reflect the new subsection designations in AS 04.11.400 after it was reorganized by the revisor of statutes.

As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 15 AAC 104.905 to 13 AAC 104.905, 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 104.905 carries forward the history from former 15 AAC 104.905.

As of Register 171 (October 2004), the regulations attorney made technical revisions under AS\n 44.62.125(b)(6) to reflect the name change of the Department of Community and Economic Development to the Department of Commerce, Community, and Economic Development made by ch. 47, SLA 2004 and the corresponding title change of the commissioner of community and economic development.