Chapter 5.12
INTOXICATING LIQUOR
Sections
5.12.030 License application review
5.12.040 Licensee responsibility for employees’ actions on premises
5.12.070 Hours for licensed premises
5.12.080 Signed statement of patron’s age—when required
5.12.090 Signed statement of patron’s age—falsification
5.12.110 Age limit sign to be exhibited
5.12.120 Premises where persons under 21 are prohibited
5.12.125 Sale on election days
5.12.150 Exception for those 19 years of age or older as of December 31, 1983
For statutory provisions authorizing municipal regulation of the licensing and sale of alcoholic beverages, see AS 04.21.010. For present provisions see Chapter 8.44 KCC.
5.12.030 License application review
(a) Upon receipt of notice from the Alcohol and Marijuana Control Office that a new, renewal, or transfer application for an alcoholic beverage license has been deemed complete, the clerk shall forward the application to appropriate departments and personnel, to include but not limited to the police chief, fire marshal, building inspector, and finance director, to make investigations within their respective areas of responsibility. The city clerk or designee shall compile the responses and provide the council with the administration’s recommended action.
(b) For the purpose of public hearing and council action, the clerk shall place the matter of the application upon the agenda for a regular or special meeting of the council held not less than 15 or more than 50 days from receipt of the notice from the Alcohol and Marijuana Control Office.
(c) After receiving the administration report and public comment, the council, by motion, may take one of the following actions on the matter of the application:
(1) Nonobjection. Upon finding that the license, if the application is granted, will satisfy all city legal requirements, the council may authorize the clerk to issue a letter of nonobjection to the Alcoholic Beverage Control Board.
(2) Nonobjection with Conditions. If any requirements or obligations are not satisfied but could be satisfied through further action of the applicant(s), the council may authorize the clerk to issue a letter of conditional nonobjection to the Alcoholic Beverage Control Board for the issuance, transfer, or renewal of the license setting forth the city’s conditions for nonobjection.
(3) Protest. Upon determining the existence of one or more of the grounds contained in subsection (d) of this section, the council may direct the clerk to cause a protest to be filed with the Alcoholic Beverage Control Board.
(d) An application for an alcoholic beverage license may be protested for one or more of the following reasons:
(1) Failure of the applicant to secure any required city permit, or if the applicant is in violation of any applicable city permit;
(2) The business operated under the license or any other business owned in whole or in part by any person named in the application as an applicant or on the license is, on the date the council considers the matter, delinquent in the payment of any sales tax or penalty or interest on sales tax arising out of the operation of any business within the city;
(3) There are delinquent property taxes or local improvement district assessments or penalty or interest thereon arising out of real or personal property owned in whole or in part by any person named in the application as an applicant or such property as is to be used in the conduct of business under the license;
(4) There is a delinquent charge or assessment owing to the city or borough by the licensee for a municipal service provided for the benefit of the business conducted under the license or for a service or an activity provided or conducted by the city or borough at the request of or arising out of an activity of the business conducted under the license;
(5) The business operated or to be operated under the license is violating or would violate the Kodiak City Code;
(6) The business operated under the license is, on the date the council considers the matter, in violation of a state or municipal fire, health, or safety code, or for any concern identified by the building official or police chief or fire chief (a conviction for a violation is not a prerequisite for a protest under this section);
(7) The concentration of other alcoholic beverage licenses in the area;
(8) Any factor identified by state statute or regulation as appropriate grounds for a protest; or
(9) Any other factor the council determines is generally relevant or is relevant to a particular application. [Ord. 1451 §2, 2024]
5.12.040 Licensee responsibility for employees’ actions on premises
The licensee shall be responsible for all acts or omissions of the licensee’s employees on the licensed premises. The licensee may be prosecuted for all acts or omissions of employees which are committed on the licensed premises and which are in violation of this chapter; provided, however, that the prosecution of the licensee shall not prohibit the prosecution of the employee for acts or omissions committed by the employee in violation of any provision of this chapter. [CCK §6.7.4]
5.12.070 Hours for licensed premises
No person may consume, sell, offer for sale, give, furnish, or deliver from an authorized licensee any intoxicating liquor on any licensed premises inside the city between 5:00 a.m. and 8:00 a.m. of each day of the week including Sundays and holidays. [Ord. 348, 1971. CCK §6.7.7]
5.12.080 Signed statement of patron’s age—when required
Any licensee or employee of a licensee who suspects a patron to be under the age of 21 years may require, and it shall be the duty of the patron to furnish, a signed, written statement specifying the patron’s date of birth and age. A duplicate copy of the signed, written statement shall be delivered to the office of the chief of police within 48 hours after its execution. No intoxicating beverage shall be served to a person who refuses to sign such statement. The definitions set forth in Chapter 8.44 KCC shall apply to this chapter. [Ord. 712 §1, 1984; Ord. 346, 1970. CCK §6.7.8]
5.12.090 Signed statement of patron’s age—falsification
Every person who falsifies the statement required by KCC 5.12.080 is guilty of an offense under this chapter. [CCK §6.7.9]
5.12.100 Eviction of patrons
The licensee and employees of the licensee are expressly permitted to evict any person suspected of being under the age of 21 or intoxicated and failure of such person to leave after oral request is unlawful and an offense on the part of that person. [Ord. 712 §2, 1984; Ord. 346, 1970. CCK §6.7.10]
5.12.110 Age limit sign to be exhibited
All licensees shall cause to remain displayed upon the premises of their establishments a conspicuous sign in a prominent place visible from outside the establishment, which shall in substance state: “No person under the age of 21 years permitted. Any such person will be prosecuted to the full extent of the law.” Excepting that retail stores and licensed establishments regularly serving meals may modify the sign in accordance with the provisions of this chapter and AS 04. The sign may also state the exception set forth in KCC 5.12.150. [Ord. 712 §3, 1984; Ord. 346, 1970. CCK §6.7.11]
5.12.120 Premises where persons under 21 are prohibited
Every person under the age of 21 years who goes upon the premises licensed or required to be licensed under AS 04.11.010 is guilty of an offense under this chapter unless:
(a) Accompanied by a parent, guardian, or spouse who has attained the age of 21 years;
(b) The person is at least 16 years of age, the premises are designated by the State of Alaska Alcoholic Beverage Control Board as a restaurant for the purposes of this section, and the person enters and remains only for dining; or
(c) The person is under the age of 16 years, is accompanied by a person over the age of 21 years, the parent or guardian of the underaged person consents, the premises are designated by the board as a restaurant for the purposes of this section, and the person enters and remains only for dining. [Ord. 712 §4, 1984]
5.12.125 Sale on election days
Pursuant to AS 04.16.070(b), a licensed premises may give, barter, sell, or otherwise dispose of intoxicating liquor during the hours when the polls are open on election days, and the prohibition of AS 04.16.070(a)(1) and (2) shall not apply in the city. [Ord. 590 §1, 1980; Ord. 411, 1974]
5.12.150 Exception for those 19 years of age or older as of December 31, 1983
Notwithstanding any other provision of this chapter regarding age limitations, any person born on or before December 31, 1964, may be present upon licensed premises and may possess, consume, receive, or purchase alcoholic beverages if otherwise allowed under AS 04, and a person may serve, deliver, dispense, furnish, or sell alcoholic beverages to a person born on or before December 31, 1964, if otherwise allowed under the provisions of AS 04. [Ord. 712 §6, 1984]