(a) [Repealed by 2022 amendment.]
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Terms Used In Alaska Statutes 04.16.180 v2

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) A suspension or revocation of a license ordered by the board under Alaska Stat. § 04.11.370 (a)(4) and (5) shall be as follows:

(1) on first conviction, the license of the premises involved may not be revoked, but, except as provided in Alaska Stat. § 04.16.030 and 04.16.052, may be suspended for not more than 45 days;
(2) on second conviction, the license of the premises involved may not be revoked, but may be suspended for not more than 90 days;
(3) on third conviction, the license of the premises involved may be suspended or revoked.
(c) This section does not affect the authority of the board to suspend or revoke a license when the board determines that continuance of activities under a license would not be in the best interests of the public.
(d) [Repealed by 2022 amendment.]
(e) In this section,

(1) “conviction” includes a conviction of a violation, a misdemeanor, and a felony;
(2) “second conviction” and “third conviction” include only convictions for violations that occur within five years after the first conviction; the terms refer to the cumulative number of convictions of a licensee of any combination of violations of the provisions of this title, regulations adopted under this title, or ordinances adopted under Alaska Stat. § 04.21.010; “second conviction” and “third conviction” include a conviction of the agent or employee of a licensee of a violation of a law, regulation, or ordinance if the conviction constitutes a ground for suspension or revocation under Alaska Stat. § 04.11.370 (a)(5).
(f) In addition to the criminal penalties specified in this title and Alaska Stat. Chapter 12.55, a holder of a license under this title who is convicted of a crime or offense involving the violation of a provision of this title or a regulation adopted under this title is subject to suspension or revocation of the license under this section and other administrative penalties imposed by the board. For purposes of administrative penalties under this subsection, each violation is a separate offense.
(g) The holder of a license subject to suspension or revocation under (b)(2) or (3) of this section may request a hearing to petition the board to reduce the administrative penalty. The board may reduce the administrative penalty if the licensee shows, by a preponderance of the evidence, that

(1) the licensee complied with the alcohol server education course requirement of Alaska Stat. § 04.21.025 and adopted and enforced a compliance program and a disciplinary program for agents and employees of the licensee;
(2) the licensee has a pattern and practice of exercising the degree of care required under Alaska Stat. § 04.16.030;
(3) the licensee posted warning signs as required under Alaska Stat. § 04.21.065; and
(4) in the case of a conviction for a violation of Alaska Stat. § 04.16.030 or 04.16.052, the agent or employee convicted under Alaska Stat. § 04.16.030 or 04.16.052 completed an alcohol server education course under Alaska Stat. § 04.21.025.
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