Upon a licensee's written request accompanied by a detailed premises diagram, the board may approve a portion of a premises of a retail license licensed for onsite consumption to alternate as a licensed or unlicensed premises under the following conditions:

1. (1) the request is made on a form prescribed by the board, accompanied by a detailed premises diagram and $250 fee;
2. (2) approval will be granted only if the board finds that use of the identified area as alternating premises will stimulate tourism or promote activities open to the general public;
3. (3) a debt that is incurred during times when the identified area is unlicensed will be considered a debt incurred in the operation of the licensed business for purposes of transfer of the license under AS 04.11.360;
4. (4) at any time with written notice to the licensee, the board may withdraw its approval of use of the identified area as alternating premises.
5. (5) a permit issued under AS 04.09.610, 04.09.620, 04.09.630, 04.09.650, 04.09.660, 04.09.670, and 04.09.700 may be exercised in the alternating area during the times the identified area is unlicensed premises;
6. (6) during times the identified area is designated as an unlicensed premises, all alcoholic beverages must either be removed from the identified area or be stored in a location approved by the board to be secure from the public;
7. (7) a licensee may apply hours that it is operating as an alternating unlicensed premises to meet the operating requirement described under AS 04.11.330(a)(3).

(Eff. 1/1/2024, Register 248)

Authority: AS 04.06.090, AS 04.09.260, AS 04.09.350, AS 04.06.100, AS 04.09.270, AS 04.09.360, AS 04.09.200, AS 04.09.300, AS 04.09.610, AS 04.09.210, AS 04.09.310, AS 04.11.330