3 AAC 305.085 - Local governing body protest
(a) A local
governing body may protest an application filed under this chapter. The protest
must be in writing, filed with the board, and copied to the applicant, and must
include the governing body's reason for the protest. The reasons stated by a
local governing body must be logical grounds for opposing the application or
continued operation of the license and have a reasonable basis in fact. Under
this section, a protest may be filed for
(1)
an application to
(A) issue a new license, a
license with one or more endorsements, or endorsement;
(B) renew an existing license, a license with
one or more endorsements, or endorsement;
(C) transfer the location of an existing
license;
(D) transfer an existing
license, or a license with one or more endorsements to another person;
or
(2) the continued
operation of a license or endorsement issued under this chapter; under this
paragraph, a local governing body may only protest the continued operation of a
license or endorsement during the second year of the biennial license period if
the local governing body files the protest and the reasons for the protest with
the board and copies the licensee not later than January 31 of the second year
of the license.
(b) The
board will not take final action upon an application until at least
(1) 60 days after a local governing body
receives the notice issued by the board required by
AS
04.11.520, unless the local governing body
waives the right to protest the application in writing to the director;
and
(2) 15 days after completion of
public notice of the application.
(c) A protest received after the 60-day
period may not be accepted by the board. A protest may not cause the board to
reconsider an approved renewal, transfer of location, or transfer to another
person.
(d) A local governing body
that protests an application shall allow the applicant a reasonable opportunity
to defend the application before a meeting of the local governing
body.
(e) A local governing body
protest may be based upon facts that render the particular application
objectionable to the local body or may be based upon a general public policy.
If based on a general public policy, the policy must have a reasonable basis in
fact, may not be contrary to law, and may not be patently inapplicable to the
particular application being protested. The board will not substitute the
board's judgment for that of the local governing body on a matter of public
policy that has reasonable factual support.
(f) If the application is denied because of a
protest by the local governing body and the applicant requests a hearing, the
local governing body must, at the board's request, appear or otherwise
meaningfully participate in the hearing and must assist in or undertake the
defense of the local governing body's protest.
(g) In addition to the other grounds for
protest set out in this section, a local governing body may protest the
(1) renewal or transfer of a license based on
nonpayment of delinquent taxes or fees, whether single or in combination, of at
least $1,000 arising in whole or in part from the conduct of the licensed
business; and
(2) transfer of a
license if the local governing body has adopted an ordinance under which the
local governing body may estimate the amount of taxes due in the tax year of
the proposed transfer and arising in whole or in part from the conduct of the
licensed business, and requires the licensee to pay the estimated amount;
and
(3) the licensee fails to pay
that amount or give security under
AS
04.11.360.
(h) The board may uphold a protest of an
application or continued operation with an initial abeyance period of not more
than 180 days if the local governing body indicates that the protest is subject
to rescission and that it will be withdrawn if the applicant meets conditions
set by the local governing body. If the local governing body notifies the board
within the period of the abeyance that the protest has been removed, the
application or continued operation will be approved when all other applicable
requirements have been met. If the local governing body has not notified the
board within the period of the abeyance that the local governing body has
removed the protest, the application or continued operation is
denied.
Notes
Authority: AS 04.06.005
AS 04.06.090
AS 04.06.100
AS 04.11.330
AS 04.11.360
AS 04.11.480
AS 04.11.510
AS 04.11.520
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.