Alaska Stat. § 04.11.450

Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 04.11.450 - Prohibited financial interest
(a) A person other than a licensee may not have a direct or indirect financial interest in the business for which a license is issued.
(b) A person who is a representative or owner of a wholesale business licensed under AS 04.09.100 or 04.09.110 may not be issued, solely or together with others, a manufacturer license issued under AS 04.09.020 - 04.09.040, or a retail license issued under AS 04.09.200 - 04.09.370.
(c) A license may not be leased by a licensee to another person, partnership, limited liability organization, or corporation.
(d) For the purposes of this section, a lessor under a graduated or percentage lease-rent agreement involving premises licensed under this title does not hold a financial interest in the business.
(e) A holder of either a general wholesale license or a limited wholesale brewed beverage and wine license may not be employed by or act as the agent or employee of the holder of a manufacturer license under AS 04.09.020 - 04.09.040 or a retail license under AS 04.09.200 - 04.09.370.
(f) In this section, "direct or indirect financial interest" means holding a legal or equitable interest in the operation of a business licensed under this title. However, credit extended by a distiller, a brewery, or a winery to a wholesaler, or credit extended by a wholesaler to persons licensed under this title, or a consulting fee received from a person licensed under this title, is not considered a financial interest in a business licensed under this title.
(g) The holder of a manufacturer license that annually produces in total 300,000 barrels or more of brewed beverages or mead or cider containing less than 8.5 percent alcohol by volume, 50,000 nine-liter-equivalent cases or more of wine, sake, or mead or cider containing 8.5 percent or more alcohol by volume, or 50,000 nine-liter-equivalent cases or more of distilled spirits may not be issued, solely or together with others, a license under AS 04.09.100 - 04.09.370.
(h) For purposes of calculating the volume that the holder of a manufacturer license produces under this section, the volume of production must include all production by
(1) the holder of the manufacturer's license; and
(2) an officer, director, agent, employee, or affiliate of the holder; in this paragraph, "affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, a corporation.

AS 04.11.450

Amended by SLA 2022, ch. 8,§§sec.61, sec.62 eff. 1/1/2024.
Amended by SLA 2022, ch. 8,sec. 60, eff. 1/1/2024.