(a) A municipality may adopt ordinances governing the importation, barter, sale, and consumption of alcoholic beverages within the municipality and may ban possession of alcoholic beverages under Alaska Stat. § 04.11.491(a)(5). An ordinance adopted under this section may not be inconsistent with this title or regulations adopted under this title. In a municipality that has adopted a local option under Alaska Stat. § 04.11.491(a)(1), (2), or (3), an ordinance is not inconsistent with this title if it limits

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Terms Used In Alaska Statutes 04.21.010

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
(1) the monthly amounts of alcoholic beverages a person may import into the municipality;
(2) the percent of alcohol by volume that an alcoholic beverage may contain; a limit imposed under this paragraph may not be less than 40 nor more than 76 percent alcohol by volume; or
(3) the type of alcoholic beverage container that may be possessed in the municipality.
(b) After the adoption of a local option under Alaska Stat. § 04.11.491(a), a municipality may adopt an ordinance making the sale, importation, or possession of alcoholic beverages a misdemeanor to the extent prohibited under the local option. The ordinance may not be inconsistent with this title or the regulations adopted under this title.
(c) A municipality may not impose taxes on alcoholic beverages except a

(1) property tax on alcoholic beverage inventories;
(2) sales tax on alcoholic beverage sales if sales taxes are imposed on other sales within the municipality;
(3) sales tax on alcoholic beverage sales that was in effect before July 1, 1985; and
(4) sales and use tax on alcoholic beverages if the sale of alcoholic beverages within the municipality has been prohibited under Alaska Stat. § 04.11.491(a)(1), (4), or (5).
(d) At least 10 days before the date set for municipal action on an application for the issuance, renewal, relocation, or transfer of ownership of a proposed license, the municipality shall provide written notice of the proposed action and the time and place for a hearing to a community council that

(1) is established by municipal charter or ordinance to advise the municipal governing body; and
(2) has jurisdiction over the area affected by the proposed action.
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