August 31, 2005
Wednesday

Please note when reading the below statutes: Alaska laws DO NOT prohibit schools from locating near a business which distributes/sells alcoholic beverages (location near a liquor dispensory is left to the discretion of the School District and the School Board), but does prohibit licensing for a alcohol beverage dispenser wishing to locate near a school or church. This law DOES NOT apply to a business or license issued prior to the presence of a school or church locating near this type of business.

So in this case, Safeway's Oaken Keg, and Plaza's Newtown Liquor are not affected by the statutes regarding location near a school or church, and Ketchikan Gateway School District is also not affected by any statutes regarding its temporary location of Schoenbar at The Plaza.

Alaska Statutes regarding alcoholic beverages
AS 04.11.410. Restriction of Location Near Churches and Schools.

(a) A beverage dispensary or package store license may not be issued and the location of an existing license may not be transferred if the licensed premises would be located in a building the public entrance of which is within 200 feet of a school ground or a church building in which religious services are regularly conducted, measured by the shortest pedestrian route from the outer boundaries of the school ground or the public entrance of the church building. However, a license issued before the presence of either cause of restriction within 200 feet of the licensed premises may be renewed or transferred to a person notwithstanding this subsection.

(b) If a beverage dispensary or package store license for premises located within 200 feet of a school ground or church building in which religious services are regularly conducted is revoked, expires, or is transferred to another location, a beverage dispensary or package store license may not be issued or transferred to the formerly licensed premises until the cessation of either cause of restriction.

Penny Eubanks
Ketchikan, AK - USA

 

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