3 AAC 305.615 - Death of a sole licensee
(a) Upon the death
of an individual who is the sole owner of a license or the sole owner of the
licensed entity, the business operating the license shall cease operation
unless and until a personal representative of the estate files the following
written documentation with the director:
(1)
proof that the personal representative has authority to act on behalf of the
licensee or the estate of the deceased; and
(2) a request to continue
operations.
(b) Upon the
director's validation of the personal representative's authority licensee's
estate and if the director has not filed or will not file an accusation seeking
suspension or revocation of the license, the director will grant permission to
operate the business upon the licensed premises as permitted under
AS
04.11.030. Under this subsection, permission
to operate the business upon the licensed premises expires upon
(1) legal appointment of a different personal
representative of the licensee's estate;
(2) approval of an application for transfer
of the license submitted in accordance with
3
AAC 305.060; or
(3) license forfeiture in accordance with
AS
04.11.030(b).
(c) An application for transfer of
a license from a deceased licensee must comply with the time limitations set
out in AS
04.11.030(b). An applicant
who fails to comply with the provisions of
AS
04.11.030(b) forfeits the
license unless the board approves a written request to extend the applicable
deadline from the personal representative of the licensee's estate. If the
board grants a deadline extension, the extension may not exceed the time
reasonably necessary to close the affairs of the deceased individual, as
determined by the board. A written request to extend the applicable deadline
must
(1) be submitted to the board before the
applicable deadline expires; however, the board may approve a request that is
submitted after the deadline if
(A) there is
good cause to approve the deadline extension; and
(B) the license is still available for
transfer; and
(2)
include an estimated length of time required for the extension from the
personal representative and a description of the factors that support the
requested timeline.
(d)
In this section, " personal representative " includes an agent within the
meaning given in
AS
13.06.050.
Notes
Authority:AS 04.06.090
AS 04.06.100
AS 04.09.010
AS 04.09.040
AS 04.11.030
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.