3 AAC 305.660 - Overlapping licensed premises
(a) Except as
provided in (h) of this section, the board may approve an application for
overlapping premises for two or more licenses owned by the same person or group
of persons required to be identified in an application submitted under
AS
04.11.260. The application must be in writing
and include a detailed premises diagram. The board may approve an overlapping
premises application under the following conditions:
(1) licensed premises for manufacturer
licenses issued under
AS
04.09.020 (brewery manufacturer),
AS
04.09.030 (winery manufacturer), and
AS
04.09.040 (distillery manufacturer) may
overlap with each other as permissible under federal law;
(2) licensed premises for a manufacturer
license issued under
AS
04.09.020 (brewery manufacturer);
AS
04.09.030 (winery manufacturer), and
AS
04.09.040 (distillery manufacturer) may
overlap with a manufacturer direct shipment license issued under
AS
04.09.370;
(3) licensed premises for a manufacturer
license issued under
AS
04.09.020 (brewery manufacturer),
AS
04.09.030 (winery manufacturer), and
AS
04.09.040 (distillery manufacturer) may
overlap with the following retail licenses for consumption on the licensed
premises:
(A) beverage dispensary licenses
issued under
AS
04.09.200;
(B) restaurant or eating place licenses
issued under
AS
04.09.210;
(C) beverage dispensary tourism licenses
issued under
AS
04.09.350;
(D) brewery retail licenses issued under
AS
04.09.320;
(E) winery retail licenses issued under
AS
04.09.330;
(F) distillery retail licenses issued under
AS
04.09.340;
(G) seasonal restaurant or eating place
tourism licenses issued under
AS
04.09.360.
(b) Unless provided otherwise in
AS
04.09.520, overlapping licensed premises may
not be utilized to offer the license holder's alcoholic beverages for sale for
consumption off the licensed premises or to subdivide and sell the license
holder's alcoholic beverages from original packages with federally compliant
labels to smaller containers with the standard federal government warnings and
the product name.
(c) In addition
to overlapping premises permissible under (b) of this section, licensed
premises for a brewery retail license issued under AS 04.09.320, winery retail
license issued under AS 04.09.330, or distillery retail license issued under AS
04.09.340 may overlap with a manufacturer direct shipment license issued under
AS 04.09.370 or with the following retail licenses for consumption on the
licensed premises:
(1) beverage dispensary
licenses issued under
AS
04.09.200;
(2) restaurant or eating place licenses
issued under
AS
04.09.210;
(3) seasonal restaurant or eating place
tourism licenses issued under
AS
04.09.360;
(4) beverage dispensary tourism licenses
issued under
AS
04.09.350.
(d) Licensed premises for a package store
issued under
AS
04.09.230 may overlap with the following
retail licenses for consumption off the licensed premises:
(1) beverage dispensary licenses subject to
the requirements described under
AS
04.09.230(d);
(2) brewery retail licenses issued under
AS
04.09.320;
(3) winery retail licenses issued under
AS
04.09.330;
(4) distillery retail licenses issued under
AS
04.09.340.
(e) Licensed premises for manufacturer
licenses issued under
AS
04.09.020 (brewery manufacturer),
AS
04.09.030 (winery manufacturer), and
AS
04.09.040 (distillery manufacturer) may
overlap with a package store license as described under
AS
04.09.230.
(f) Licensed premises for a package store
issued under
AS
04.09.230 may overlap with the licensed
premises of a restaurant or eating place license or a seasonal restaurant or
eating place tourism license, subject to the controlled access conditions
required by the board.
(g) Licensed
premises for general wholesalers issued under
AS
04.09.100 or limited wholesale brewed
beverage and wine licenses issued under
AS
04.09.110 may share overlapping
premises.
(h) For all overlapping
licensed premises permitted under this section, the permissible consumption on
premises, permissible sales for off premises consumption, and compliance with
AS
04.16.049 is determined by the specific
combination of licenses.
(i) The
restriction that both licenses must be held by the same person or group of
persons as described in (a) of this section does not apply to an overlapping
premises for two or more licenses approved by the board before January 1,
2024.
Notes
Authority: AS 04.06.010
AS 04.06.090
AS 04.06.100
AS 04.09.020
AS 04.09.030
AS 04.09.040
AS 04.09.100
AS 04.09.110
AS 04.09.200
AS 04.09.210
AS 04.09.230
AS 04.09.320
AS 04.09.330
AS 04.09.340
AS 04.09.350
AS 04.09.360
AS 04.09.370
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