Chapter 10.44
LIQUOR REGULATIONS⁴

Sections:

10.44.010    Definitions.

10.44.020    Scope of provisions.

10.44.030    License required.

10.44.040    Application for license.

10.44.050    Limitation of number of licenses.

10.44.055    Review of application for outdoor recreation lodge liquor licenses.

10.44.060    Persons forbidden to have liquor.

10.44.070    Offers of sale and presence on licensed premises (standard closing hours).

10.44.080    Drinking in public.

10.44.085    Open containers.

10.44.090    Possession of alcoholic beverages for delivery.

10.44.110    Transport of alcoholic beverages during closed hours.

10.44.010 Definitions.

The terms and phrases used in this chapter shall have the following meanings:

A.    Whenever the term “intoxicating liquor” is used, it shall be deemed to include whiskey, rum, gin, wine, ale, porter, beer, hoochinoo, and all spirituous, vinous, malt and other fermented or distilled liquors having an alcoholic content of more than one percent of alcohol by volume; and “beer” includes ale and porter; and “hard and distilled liquor” includes all intoxicating liquors except beer and wine;

B.    “Malt beverages” means ale, wine, beer and other alcoholic beverage of less than twenty percent alcohol;

C.    “Minors” shall be defined as anyone less than twenty-one years of age;

D.    “Off-sale license” (also known as “package stores”) means a license whereby the sale, but not the consumption, of liquor contained in sealed bottle or packages as packed by the various distributors is authorized;

E.    “On-sale license” means a license whereby the consumption and sale of liquor by the drink is authorized on the premises;

F.    “Wholesale license, liquor” means a license authorizing the sale to licensed dealers of intoxicating liquor;

G.    “Wholesale license, malt beverage” means a license authorizing the sale to licensed dealers of malt beverages.

(Ord. 85-665 § 4(A), 1985; Ord. 73-59 § 3 (part), 1973.)

10.44.020 Scope of provisions.

The provisions contained herein shall apply to all places where liquor of any description as herein defined is sold, vended, bartered or furnished. (Ord. 73-59 § 3 (part), 1973.)

10.44.030 License required.

Alaska Statute Section 04.10.020 designating a classification of licenses is incorporated herein and made a part hereof, and the sale of hard or distilled liquor, including wine and beer by any person, firm or corporation is prohibited anywhere except under and by virtue of a license secured from the Director of the Alcoholic Beverage Control Board, and the sale, barter or consumption of intoxicating liquor, including wine and beer, on any premises not covered by a license under the classifications in Section 10.44.010 is prohibited. (Ord. 73-59 § 3 (part), 1973.)

10.44.040 Application for license.

A.    By Persons Not Previously Holding Current Licenses. At such time as a license is applied for by one not a previous license holder, the municipal clerk shall give notice of such application as follows:

1.    Notice shall be posted on the premises ten days prior to the assembly meeting at which application will be heard. All time limitations, however, may be decreased at the discretion of the municipal clerk to meet any period specified by the Director of the Alcoholic Beverage Control Board;

2.    Notice shall be published once in a local newspaper at least one week before such meeting;

3.    The notice shall contain the time and place of assembly meeting; the type of license applied for; the name of all applying persons; and inform the public that any protest may be lodged with the assembly at that time;

4.    Give proof to the assembly at the time of hearing of compliance with all phases of this chapter, as well as complete listing of any police record and past experience in the liquor business.

B.    By Persons Previously Holding Current Licenses. The individuals or groups of individuals holding existing licenses shall not be affected by subsection (A) and shall have the right to apply for renewal of their licenses unless disqualified on grounds other than contained herein. (Ord. 73-59 § 3 (part), 1973.)

10.44.050 Limitation of number of licenses.

A.    There shall be no more than one liquor license of each type authorized in the municipality for each one thousand five hundred residents or part thereof according to the most recent census should the assembly deem that accurate at the time in question, or by such reasonable estimate of the population as the assembly may set from time to time.

B.    Notwithstanding subsection (A), the assembly may in its discretion approve the issuance of a license without regard to the quota provisions of this section where it appears that such issuance or transfer will encourage the construction or substantial improvement of a hotel, motel, resort, or similar business related to the tourist trade where the construction or substantial improvement of such hotel, motel, resort or similar business related to the tourist trade results in a minimum accommodation of thirty rooms, or where it appears that the issuance of such a license meets all of the following qualifications:

1.    The serving of alcoholic beverages is supplemental to the serving of food;

2.    That the assembly finds the issuance of such a license is advantageous and of benefit to the municipality and public.

C.    Should a holder of a license issued under subsection (B) fail to continue to meet the qualifications under which the license was issued, the annual approval of the license may be withheld by the assembly.

(Ord. 73-59 § 3 (part), 1973.)

10.44.055 Review of application for outdoor recreation lodge liquor licenses.

A.    Consistent with the assembly’s prerogative to comment on new liquor license applications and renew applications, criteria are established in this section to guide the assembly in its deliberations on applications for outdoor recreation lodge liquor license referrals by the Alaska Alcoholic Beverage Control Board.

B.    Definitions. The terms and phrases used in this section shall have the following meanings:

1.     “Lodge” means a premises that provides lodging (room and board) accommodations for use by visitors engaging in recreational activities and includes a variety of related services. Lodges on islands may include satellite small cabins along with the main structure;

2.     “Outdoor recreation lodge liquor license” means a licensed business that provides overnight accommodations and meals, is primarily involved in offering opportunities for persons to engage in outdoor recreation activities, and has a minimum of two guest rooms. An outdoor recreation lodge liquor license may not be transferred. An outdoor recreation lodge liquor license authorizes the holder to sell alcoholic beverages to a registered overnight guest or off-duty staff of the lodge for consumption on the licensed premises or in conjunction with purchased outdoor recreation activities provided by the licensee, as provided in Alaska Statute 04.11.225;

3.     “Sitka road system” includes the developed road area along and extending from Halibut Point Road, Sawmill Creek Road, Harbor Drive, and the airport access road on Baranof Island, Japonski Island, and Alice Island;

4.    “Subdivided island” includes all islands that have been divided into two or more lots or which are connected with an adjacent island at mean low tide;

5.     “Zoned area of Sitka Sound” means the area currently zoned in Sitka Sound between Dog Point and Cape Burunof.

C.    Use of Review Criteria. The assembly shall refer to the criteria below in the review of an application for an outdoor recreation lodge liquor license. These criteria are a guide that should be followed in determining whether or not to object to the license application. The criteria shall be referenced in any official position on a new license or a renewal application. In the event the assembly determines that it is in the public interest to take a position that is contrary to the criteria below, the assembly shall issue a specific finding that states why the specific criteria should not be applied to the specific license application.

D.     Applicant’s Burden. It is the responsibility of the applicant for the license or renewal license to document that the applicant has complied with the criteria in the relevant section or sections below.

E.     Outdoor recreation lodge liquor licenses on islands in Sitka Sound, or lodges located at least one mile beyond the Sitka road system in Sitka Sound, are considered appropriate when all of the criteria below are met:

1.    Lodge is located on unsubdivided islands in or at least one mile from the Sitka road system, and is wholly owned by an individual, corporation, or partnership;

2.    Lodge operation is the sole or primary use of the parcel and the lodge is not operated in conjunction with another lodge, bed and breakfast, short-term rental, or series of short-term rentals;

3.    Lodge is on an island that is not immediately adjacent to islands that are primarily used for permanent ongoing residential uses, or the lodge is at least one mile from the Sitka road system and the adjacent parcels within one-half mile of the lodge are not primarily used for permanent ongoing residential uses;

4.    Lodge is owned by an individual, partnership, or corporation that has a long and established history of successful recreation lodge operations;

5.    The lodge routinely serves evening meals to guests; and

6.    It can be confirmed that the lodge is in full compliance with building codes, zoning codes, and sales tax regulations.

F.     Outdoor recreation lodge liquor licenses on islands in Sitka Sound are considered inappropriate when any of the circumstances exist:

1.    Another lodge, bed and breakfast, or series short-term rental exists on the same parcel;

2.    Lodge is not the primary use of the parcel;

3.    It cannot be confirmed that the lodge is in full compliance with building codes, zoning codes, or sales tax regulations;

4.    Adequate dock and loading structures do not exist to provide adequate access to and from the lodge; or

5.    Access to the lodge property is through an easement that crosses another privately owned parcel.

G.     Outdoor recreation lodge liquor licenses on subdivided islands in Sitka Sound may be considered appropriate if they do not meet the criteria in subsection F of this section and it can be found by the assembly that the issuance of the liquor license will not adversely affect the other property or properties on the subdivided island where it is located. In these cases, the lodge must routinely serve evening meals to guests and be in compliance with all sales tax regulations.

H.     Outdoor recreation lodge liquor licenses in outlying areas in the city and borough of Sitka outside of Sitka Sound are considered appropriate in most circumstances when the lodge routinely serves evening meals to guests and is in compliance with all sales tax regulations.

I.     No outdoor recreation lodge liquor license along the Sitka road system is appropriate. (Ord. 06-19 (A-1) § 4(A), 2006.)

10.44.060 Persons forbidden to have liquor.

It is unlawful to give, barter or sell any intoxicating liquors including beer and wine to any person under the age of twenty-one years, to any intoxicated person, or to any habitual drunkard; and it is unlawful for any licensee to

permit giving, bartering, selling or drinking of any intoxicating liquor within the premises covered by any license to or by any of the forbidden classes nor shall such licensee permit the drinking of hard or distilled liquors by such person or persons upon the premises covered by his license.

The drinking of intoxicating liquors on the premises covered by any license by any of the forbidden classes, or the presence of any intoxicated person or persons on such premises shall be prima facie evidence that the liquor being drunk or causing intoxication was furnished by the licensee. The burden of first determining the age of any person to whom any intoxicating liquor is to be given, bartered, or sold shall be on the licensee. (Ord. 85-665 § 4(B), 1985; Ord. 73-59 § 3 (part), 1973.)

10.44.070 Offers of sale and presence on licensed premises (standard closing hours).

A.    A person may not sell, offer for sale, give, furnish, deliver, or consume any alcoholic beverage on premises licensed under Title 4 of the Alaska Statutes, between the hours of two a.m. and eight a.m. each day and between two a.m. and twelve noon on Sundays.

B.    A licensee, his agent, or employee may not permit a person to consume alcoholic beverages on the licensed premises between the hours of two a.m. and eight a.m. of each day and between two a.m. and twelve noon on Sundays.

C.    A licensee, his agent, or employee may not permit a person to enter, and a person may not enter premises licensed under Title 4 of the Alaska Statutes between the hours of two a.m. and eight a.m. of each day and between two a.m. and twelve noon on Sundays. This subsection shall not apply to common carriers as defined in Alaska Statute 42.10.420, subsection (2) or to an employee of the licensee who is on the premises to prepare for the next day’s business. A person may enter or remain on the premises of a bona fide restaurant or eating place licensed under this title to consume food or nonalcoholic beverages.

D.    The assembly may allow additional hours of opening for catered events, as long as those hours do not conflict with the provisions of Alaska Statute 4.16.010.

E.    The provisions of Alaska Statute 4.16.070(a) do not apply within the city and borough of Sitka.

(Ord. 92-1089 § 4, 1992; Ord. 86-723 § 4, 1986: Ord. 82-513 § 3(B), 1982; Ord. 73-59 § 3(part), 1973.)

10.44.080 Drinking in public.

Except as otherwise provided, no person may consume intoxicating liquor:

A.    Outside of a building in the areas zoned central commercial district unless (1) the alcohol is only beer or wine and is provided by an establishment with a license to serve alcoholic beverages in an area that is fenced with a fence no lower than sixty inches in height immediately adjacent to a building in which the establishment is licensed to serve such beverages, and (2) the alcohol is consumed within such fenced area no later than eleven p.m.;

B.    Upon any public street, alley sidewalk, municipally operated harbor walkways and floats and municipally owned parking lots, and public school grounds;

C.    At any public park, recreation area, ball field, any municipally controlled area open to the general public, or any other public or private property, where such area is posted that possession or consumption of alcoholic beverages is prohibited;

D.    Exemptions may be given for special events by the assembly, upon the advise of the chief of police, with such conditions as the assembly may require for the public good;

E.    All public parking lots and all private business parking lots.

(Ord. 05-24 § 4, 2005; Ord. 93-1144 § 4, 1993; Ord. 84-632 § 4(A), 1985.)

10.44.085 Open containers.

Except as otherwise provided, no persons may have in their possession in the places set out in Section 10.44.080, any intoxicating liquor or beer unless the liquor or beer is in its original retail unopened container and the tax seal remains unbroken. (Ord. 84-632 § 4(B), 1985.)

10.44.090 Possession of alcoholic beverages for delivery.

A.    It is unlawful for any person owning, operating, or being in charge of any public vehicle or delivery service to transport any alcoholic beverage from a licensed premises to a customer or other person located off the licensed premises.

B.    This section does not apply to the wholesale delivery of beverages by a licensed wholesaler or transportation by a licensed carrier.

(Ord. 83-552 § 4(c), 1983.)

10.44.110 Transport of alcoholic beverages during closed hours.

It is unlawful for the owner or person in charge of any taxicab, taxicab stand or place of business, or any person, messenger or messenger service, to accept, receive or have for delivery, or to carry, transport, or deliver, or cause to be carried, transported or delivered, or aid or assist in carrying, transporting or delivering, in person or by means of any taxicab or other vehicle, any alcoholic beverage, during the time or within one-half hour thereof, fixed by Section 10.44.070 herein for closure of liquor stores or liquor establishments. (Ord. 73-59 § 3 (part), 1973.)