Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 19 - Alcoholic Beverage Control Board
Chapter 305 - Alcoholic Beverage Control Board
Article 5 - Provisions Applicable to More Than One License Type
3 AAC 305.610 - Prohibited financial interest; representative or owner; management agreements
Current through August 30, 2024
(a) For the purposes of AS 04.11.450, an alcoholic beverage licensee may enter into a management agreement with a person who does not have an ownership interest in the alcoholic beverage license for the purpose of giving that person responsibility for the day-to-day operations of an alcoholic beverage license.
(b) A management agreement under this section must be in writing and signed by a licensee or transferor whose name is required to be provided with an application for a new or transfer license under AS 04.11.260 or 04.11.280, and by the non-licensee or transferee agreeing to manage the operation of the business. A copy of the signed, written management agreement must be filed with the Alcohol & Marijuana Control Office. The licensee who signs the management agreement shall notify the board of any change to the management agreement, including expiration, termination, or amendment not later than 10 days after each change to the management agreement occurs.
(c) A management agreement may not create a mechanism for a manager who is not a licensee to derive profit from the sale of alcohol in violation of AS 04.11.450, including an agreement for a manager to keep all profit above a certain amount of income when that profit may be derived from the sale of alcoholic beverages.
(d) The director shall review a management agreement for compliance with this section, and any errors or omissions must be corrected by the licensee not later than 10 days after receipt of notification of the error or omission. The director may declare a management agreement that does not comply with this section void. A management agreement must comply with AS 04.11.450(a), AS 04.21.030, and 3 AAC 305.600 and contain language that indicates both parties to the agreement have read, understand, and agree to comply with those statutes and regulations.
Authority:AS 04.06.090
AS 04.06.100
AS 04.09.010
AS 04.09.450