3 AAC 305.655 - Temporary de-designation of licensed premises

(a) A de-designation permit allows the holder of a retail license for onsite consumption to use the licensed premises or a portion of the licensed premises on a temporary basis for an event at which persons under 21 years of age will be present. Alcoholic beverages may not be sold, served, or consumed on the licensed premises two hours before and one hour after the times identified in the permit during which the persons under 21 years of age will be on the premises. A permit may not be exercised during hours of closure under AS 04.16.010.

(b) Application for a de-designation permit must be made on a form provided by the board and include a non-refundable application fee of $50, the information required in (c) of this section, and a certification as set out in (e) of this section. A permit may be approved by the director for not more than three consecutive days for an event.

(c) An application for a de-designation permit must include information about the relevant event as required by the board and must include proof of written notice to the law enforcement agency having jurisdiction over the designated premises of the event for which the permit is sought.

(d) An application for a de-designation permit must be filed with the director not later than three business days before the event for which the permit is requested unless the director grants an exception to address a more immediate need for an event.

(e) A licensed premises must be certified as suitable for the purposes of this section before applying for a de-designation permit. Certification must be requested by the licensee on an application form provided by and filed with the board. An application for certification must include a detailed diagram showing the proposed de-designated area, provide a security plan to keep unaccompanied minors separated from the designated licensed premises, and payment of a non-refundable $50 application fee.

(f) The director may place limitations or restrictions on the premises certification and the permit as necessary to assure adequate security and control in the public interest.

(g) The de-designation permit and a copy of the approved application for certification must be conspicuously posted at the main entrance to the licensed premises during the time a permit is exercised. The licensee shall submit a copy of the approved application for certification to the law enforcement agency with jurisdiction over the designated premises of the event for which the permit is sought.

(h) A de-designation permit may not be transferred, relocated, or renewed.

(i) A person who possesses or consumes alcoholic beverages, is suspected of possessing or consuming alcoholic beverages, or exhibits characteristics of intoxication on the de-designated premises during the permit period must be removed immediately from the entire licensed premises for the duration of the event.

(j) The director or a peace officer whose jurisdiction includes the licensed premises may terminate a permit at any time in the public interest if any conditions on the de-designation permit are violated.

(k) The event premises are still a licensed premises under AS 04 during the time when a de-designation permit is exercised under this section. Violation of a statute, regulation, or local ordinance governing alcoholic beverages on the licensed premises is grounds for suspension or revocation of the licensee's premises certification and license. A debt that is incurred for or during an event for which a de-designation permit is granted is considered a debt incurred in the operation of the license for the purposes of transfer of ownership of the holder's license under AS 04.11360.

Notes

3 AAC 305.655

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

Authority:AS 04.06.090

AS 04.06.100

AS 04.09.200

AS 04.09.210

AS 04.09.260

AS 04.09.270

AS 04.09.300

AS 04.09.310

AS 04.09.350

AS 04.09.360

AS 04.09.610

AS 04.11.330