Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 19 - Alcoholic Beverage Control Board
Chapter 305 - Alcoholic Beverage Control Board
Article 7 - Enforcement; Civil Penalties
3 AAC 305.875 - Suspension and revocation of licenses, endorsements, and conditional contractor permits

Universal Citation: 3 AK Admin Code 305.875

Current through August 30, 2024

(a) The board may suspend or revoke a license, endorsement, or conditional contractor's permit on the grounds set out in AS 04.11.370 or if a licensee is convicted of a felony.

(b) If a licensee's employee or licensee's agent is convicted of a felony, the board may find under AS 04.11.370(5) that the licensee, endorsement holder, or conditional contractor permittee knowingly allowed the conduct, or recklessly or with criminal negligence failed to act in accordance with the duty prescribed under AS 04.21.030, if that licensee, endorsement holder, or conditional contractor permittee

(1) was physically present when the conduct occurred and knew or should have known the conduct was occurring and took no action to stop it;

(2) failed to adequately supervise the agent or employee;

(3) failed to adequately train the agent or employee in the requirements of AS 04 and 3 AAC 305 relating to alcoholic beverages; or

(4) was reckless or careless in hiring the agent or employee.

(c) For the purposes of this section, if a licensee, endorsement holder, or conditional contractor permittee is a corporation, a conviction of any of the following individuals constitutes a conviction of the licensee:

(1) the director of the corporation;

(2) an officer of the corporation;

(3) a shareholder holding 10 percent or more of the outstanding common stock of the corporation.

(d) For the purposes of this section, if a licensee, endorsement holder, or conditional contractor permittee 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 constitutes a conviction of the licensee.

(e) A licensee, endorsement holder, or conditional contractor permittee may request an informal conference with the director not later than 10 days after the individual is served with an accusation under this section, unless the grounds for suspension or revocation are the grounds set out in AS 04.11.370(a)(4). A licensee, endorsement holder, or conditional contractor permittee requesting an informal conference under this section tolls the time for filing a notice of defense required under AS 44.62.390.

Authority:AS 04.06.090

AS 04.06.100

AS 04.11.370

AS 04.11.510

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