3 AAC 305.100 - Procedure for mutually exclusive and competing applications

(a) If the board receives an application for a license that requires denial because it would exceed the amount of licenses available for that license type under AS 04.11.400(a), the application will be considered "mutually exclusive."

(b) The board will consider, and grant or deny, mutually exclusive applications in the order in which they are received. However, all "competing applications," as defined under (c) of this section, will be treated as if they were received at the same time, and will be considered together.

(c) For the purpose of this section, competing applications are those mutually exclusive applications for licenses, with or without an endorsement, that

(1) inside a unified municipality, organized borough, or incorporated city;

(A) are for one or more licenses which have become available because of a change of local option or a change in population and are received during the 30-day period beginning on the date the license or licenses first become available; or

(B) are for the last available license other than a license described in (A) of this paragraph and are received during the 30-day period beginning on the date the board received the first application for the license; and

(2) outside a unified municipality, organized borough, or incorporated city, are received not more than 30 days after the immediately preceding application for the license.

(d) Nothing in this section may be interpreted to allow the 90-day time limit for a decision on an application set by AS 04.11.510 to be exceeded.

Notes

3 AAC 305.100

Eff. 1/1/2024, Register 248, January 2024

Authority:AS 04.06.005

AS 04.06.080

AS 04.06.090

AS 04.06.100

AS 04.11.320

AS 04.11.340

AS 04.11.400