Chapter 5.08
LIQUOR REGULATIONS
Sections:
5.08.020 Review of liquor license applications.
5.08.030 Consideration by Council.
5.08.035 Licensed premises restrictions.
5.08.050 Violations – Remedies.
5.08.010 Purpose.
The purpose of this chapter is to provide for the municipal regulation of liquor and liquor establishments as allowed by state law. This chapter and the regulations related to liquor establishments herein are adopted pursuant to the express authority granted by AS 04.21 and this chapter. The regulations herein are intended to allow the City to regulate liquor and liquor establishments within the broadest range of municipal control allowed by state statute. (Ord. 75-L-1 § 3, 1975; Ord. 97-06, 1997; Ord. 16-07 § 5, 2016)
5.08.015 Definitions.
For the purposes of this chapter:
“Alcoholic beverage” means a spirituous, vinous, malt, or other fermented or distilled liquid, whatever the origin, that is intended for human consumption as a beverage and that contains one-half of one percent or more of alcohol by volume, whether produced commercially or privately.
“Board” means the Alaska Alcoholic Beverage Control Board established under AS 04.06.010.
“Code” means the Houston Municipal Code.
“License location” means the lot or parcel, and structure where a licensed premises would be located pursuant to a liquor license application that is subject to review under this chapter.
“Licensed premises” are defined as provided in AS 04.21.080.
“Liquor license” means any of the licenses and permits described in AS 04.11.080. (Ord. 16-07 § 5, 2016)
5.08.017 License required.
It is unlawful for any person to operate a liquor establishment in the City without obtaining a local business license to operate. A valid license from the state of Alaska is required as provided by AS 04.11 prior to operation. (Ord. 16-07 § 5, 2016)
5.08.020 Review of liquor license applications.
Upon receipt of an application from the Alcoholic Beverage Control Board on a liquor license renewal, issuance of a new liquor license, or transfer of a liquor license in the City under AS 04.11.395 through 04.11.460, the City shall refer the application for review:
A. By the Public Works office to determine whether any structure or use of land does not conform to HMC Title 10, platting regulations, or the terms and conditions of any rezoning, conditional use permits, or administrative approval granted for the license location under HMC Title 10. The Public Works Director shall notify the applicant in writing of any nonconformity that is found. In response to the notice, that applicant shall either:
1. Provide evidence satisfactory to the Mayor that the nonconformity has been corrected; or
2. Provide a plan for correction of the non-conformity satisfactory to the Mayor, with security satisfactory to the Mayor for performance of the plan.
B. By the Clerk’s office to determine whether the licensee or licensee transferee is delinquent in paying to the City any tax, assessment, business license fee, or to the Matanuska-Susitna Borough any real property tax for the business that operates, or will operate, under the liquor license. The City Clerk shall notify the applicant in writing of any delinquency found. In response to the notice, the applicant shall either:
1. Provide evidence satisfactory to the Mayor that the amount has been paid; or
2. Provide a plan for paying the delinquent amount satisfactory to the Mayor, with security satisfactory to the Mayor for the performance of the plan.
C. By the Police Department or Mayor to determine whether, in the opinion of the Police Chief or Mayor, there has been an excessive number of convictions or arrests for unlawful activity at the license location, police reports at the license location, or police dispatches to the license location, or violations of HMC Title 8. The Police Department or the Mayor shall notify the applicant in writing of any adverse finding under this subsection.
D. By the Fire Chief to determine whether, in the opinion of the Fire Chief, there are conditions present that would endanger the public or responders in the event of an emergency, or there has been an excessive number of responses to the property due to false alarms, illegal burning or unsafe burn practices. The Fire Chief shall notify the applicant in writing of any adverse finding under this subsection. (Ord. 75-L-1 § 4, 1975; Ord. 97-06, 1997; Ord. 16-07 § 5, 2016; Ord. 17-03 § 5, 2017)
5.08.030 Consideration by Council.
A. Before taking action on a liquor license application under this section, the Mayor shall provide for a public hearing before the City Council. Within 15 business days after the referrals under HMC 5.08.020, the Mayor shall schedule each liquor license application for consideration by the City Council at its next City Council meeting and send written notice to the applicant. The notice shall include the following information:
1. The date and time of the meeting at which the Council will consider the application;
2. A statement that the applicant may appear before the Council at the meeting to defend the application; and
3. A summary of any unresolved findings adverse to the liquor license application that have resulted from the referrals under HMC 5.08.020.
B. During the public hearing, the City Council shall provide the applicant an opportunity to make a presentation in defense of the application.
C. The City Council after public hearing shall determine whether to protest, or recommend with conditions, the issuance, renewal or transfer of a liquor license application and shall consider the following factors it believes are pertinent. Such factors shall include, but are not limited to:
1. Review of referrals under HMC 5.08.020; and
2. The concentration of other licenses of the same and other types in the area; and
3. Any other factors the City Council determines are relevant to a particular application, including a reasonable expectation that the applicant will exercise the license for the duration of the term of the license.
D. For a liquor license application that is subject to protest by the City under AS 04.11.480:
1. After consideration of the application, the Council may decide to:
a. Protest the application under AS 04.11.480(a);
b. Recommend conditions on which the applicant should be granted under AS 04.11.480(c);
c. Notify the Board that a licensee has violated conditions and request a suspension or revocation of the license pursuant to AS 04.11.370; or
d. Take no action on the application.
2. If the City Council protests an application or recommends conditions on which the application shall be granted, the City Council shall state on record the reasons for its decisions, and the Mayor shall notify the Board and the applicant in writing of the decision.
3. If the City Council finds that the basis for its decision to protest an application, or to recommend conditions on which the application should be granted, no longer exists, the City Council may rescind its decision and direct the Mayor to notify the Board and the applicant of the decision.
E. For one or more applications to relocate a liquor license location in the City under AS 04.11.400(m):
1. After considering the applications, the City Council may decide to:
a. Approve one or more of the applications with or without conditions; or
b. Deny one or more of the applications.
2. The Mayor shall notify the Board, the Matanuska-Susitna Borough, and the applicants in writing of the decision of the Council and the reasons thereof. (Ord. 75-L-1 § 5, 1975; Ord. 16-07 § 5, 2016)
5.08.035 Licensed premises restrictions.
A person may not sell, offer for sale, give, furnish, deliver, or consume an alcoholic beverage on premises licensed under this chapter between the hours of 5:00 a.m. and 8:00 a.m. each day. (Ord. 16-07 § 5, 2016)
5.08.040 Regulations.
The Council may adopt, amend and repeal regulations to implement, interpret or make specific the provisions of this chapter, or prescribe forms to be used under this chapter. (Ord. 16-07 § 5, 2016)
5.08.050 Violations – Remedies.
A. Remedies and penalties for violations of this chapter are as provided in Chapter 1.16 HMC.
B. For violations of this chapter and notwithstanding any other available remedies, the City may bring a civil action to:
1. Enjoin a violation of this chapter. On application for injunctive relief and a finding of a violation or threatened violation.
2. Recover a civil penalty of $250.00 for each violation of this chapter.
C. Each act or omission in violation of this chapter, and each day in which the act or omission occurs, is a separate violation. The Superior Court shall enjoin the violation.
D. All remedies for violations of this chapter are cumulative and are in addition to any others existing at law or in equity. (Ord. 16-07 § 5, 2016)