Chapter 6.04
ALCOHOLIC BEVERAGES1
Sections:
6.04.010 Intoxicating liquor defined.
6.04.030 Assembly review of license applications.
6.04.100 Hours of sale – Presence on licensed premises during closing hours.
6.04.130 Penalty for violation.
6.04.010 Intoxicating liquor defined.
As used in this chapter, “intoxicating liquor” includes whiskey, brandy, rum, gin, wine, ale, porter, beer, and all other spirituous, vinous malt and other fermented or distilled liquors intended for human consumption and containing more than one percent alcohol by volume. [Ord. 340 § 5, 1975; prior code § 06.20.030.]
6.04.030 Assembly review of license applications.
A. Any person seeking the review and recommendation by the assembly, prior to issuance of a new liquor license or renewal or transfer of a liquor license by the state, shall present to the assembly a copy of the application submitted to the state for a license or renewal or transfer of a license, fully completed and executed.
B. The assembly may protest the issuance, renewal, or the transfer of a liquor license as provided in state law, AS 04.11.480, and state regulations, 3 AAC 3064.145(d). The protest shall cite any of the following criteria that the assembly determines to be pertinent:
1. The business operated under the license is, on the date the assembly considers the license, delinquent in the payment of any sales tax or penalty or interest on sales tax arising out of the operation of the licensed facility;
2. There are delinquent property taxes or local improvement district assessments or penalty or interest thereon arising out of real property owned in whole or in part by the person named in the application as an applicant, or by the licensee on the license which is to be renewed or transferred, where such property is used, or is to be used, in whole or in part in the business conducted or to be conducted under the license;
3. There is a delinquent charge or assessment owing the borough by the applicant or licensee for a borough service provided for the business conducted or to be conducted under the license, or at the request of or arising out of an activity of the business conducted or to be conducted under the license;
4. The business operated or to be operated under the license is violating or would violate the zoning code of the borough;
5. Failure of the applicant to secure a borough permit required for operation of the business to be licensed, or if the licensee is in violation of any borough permit required for operation of the licensed facility;
6. The business operated under the license is, on the date the assembly considers the application, in violation of state or borough fire, health, or safety codes; a criminal conviction for the violation is not required for a protest under this section;
7. The applicant or licensee has violated a provision of AS 04 or the state regulations on alcohol, 3 AAC Chapter 304, or if issuance of the license would violate a provision of state law or regulations;
8. Any factor identified by state law or regulation as appropriate grounds for a protest;
9. Any other factor the assembly determines is generally relevant to the particular application.
C. If the assembly determines that a licensed facility has violated a provision of AS Title 04, or 3 AAC Chapter 304, or a condition imposed on the licensee by the state Alcoholic Beverage Control Board, the borough shall notify the Alcoholic Beverage Control Board. [Ord. 932 § 3, 2017; Ord. 213 § 5, 1968; prior code § 06.10.015.]
6.04.100 Hours of sale – Presence on licensed premises during closing hours.
A. Hours of Sale.
1. A person shall not sell, offer for sale, give, furnish, deliver, or consume an alcoholic beverage on premises licensed under AS Title 4 between the hours of 2:00 a.m. and 8:00 a.m. on Monday through Friday of each week.
2. A person shall not sell, offer for sale, give, furnish, deliver, or consume an alcoholic beverage on premises licensed under AS Title 4 between the hours of 3:00 a.m. and 8:00 a.m. on Saturday and Sunday of each week.
B. Clearing the Premises. Beverage dispensary establishments shall be cleared of customers and patrons no later than 30 minutes after closing time; a 15-minute period shall similarly apply to retail liquor sales establishments. No alcoholic beverages may be sold, offered for sale, given, furnished, delivered, dispensed or consumed during the respective clearing periods.
C. Presence on Licensed Premises During Closing Hours. Except for the clearing periods set forth in subsection (B) of this section, a licensee, an agent, or employee may not permit a person to enter or remain on the premises of the licensed premises between the hours of 2:00 a.m. and 8:00 a.m. on Monday through Friday of each week, and between the hours of 3:00 a.m. and 8:00 a.m. on Saturday and Sunday of each week. This subsection does not apply to common carriers 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 AS Title 4 to consume food or nonalcoholic beverages. [Ord. 873 § 2, 2014; Ord. 872 § 2, 2013; Ord. 720 § 4, 2002; Ord. 464 § 4, 1984; Ord. 340 § 5, 1975; prior code § 06.20.010.]
6.04.110 Election days.
The provisions of AS 04.16.070(a) prohibiting sale of alcoholic beverages on elections days shall not apply within the City and Borough of Wrangell. [Ord. 872 § 3, 2013; Ord. 340 § 5, 1975; prior code § 06.20.012.]
6.04.120 Reserved.
Repealed by Ord. 872. [Ord. 340 § 5, 1975; prior code § 06.20.015.]
6.04.130 Penalty for violation.
Violation of all sections of this chapter shall be punishable as provided for in WMC 1.20.010. [Ord. 833 § 61, 2009; Ord. 464 § 6, 1984; Ord. 260 § 5, 1970; prior code § 06.10.050.]
For statutory provisions on alcoholic beverages, see AS Title 4; for provisions on municipal regulation of alcoholic beverages, see AS 04.21.010.