FY2026-16 Amending Kodiak Island Borough Code Chapter 5.01 Regarding Liquor Licenses1
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2026-16
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
KODIAK ISLAND BOROUGH CODE CHAPTER 5.01 REGARDING LIQUOR LICENSES TO
CLARIFY THE METHODS AND BASIS FOR BOROUGH PROTESTS FOR ISSUANCE OF A
NEW LICENSE, RENEWAL OF AN EXISTING LICENSE, TRANSFER OF AN EXISTING
LICENSE, AND REVIEW OF THE CONTINUED OPERATION OF A LICENSE
WHEREAS, the current language in Alaska Statutes Title 4 and 3 AAC 305 regarding notice of
pending liquor license applications and the reasons a local governing body may protest a license
action differs from the terms used in Borough Code provisions for procedures concerning alcohol
licenses issued by the State of Alaska; and
WHEREAS, the Assembly desires to clarify the procedure and better identify the reasons that
may cause the local governing body to protest a liquor license issuance, renewal, transfer of
location or transfer of ownership; and
WHEREAS, the Assembly finds that the borough's interest may also be protected by
incorporating provisions in the code that address the evaluation of the continued operation of
ongoing licenses or endorsements during the second year of the biennial license period; and
WHEREAS, this new code proposes inclusion of a necessary step to allow an applicant or
licensee a reasonable opportunity to defend an application before a meeting of the local governing
body per the Alaska Administrative Code.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is of a general and permanent nature and shall become a part of
the Kodiak Island Borough Code of Ordinances.
Section 2: That Section 5.01.010 of the Kodiak Island Borough Code of Ordinances,
Cooperation with State of Alaska Alcoholic Beverage Control (ABC) Board, is
amended as follows:
5.01.010 Cooperation with State of Alaska ABC Board.
Board fer the state of Alaska On determining the fitness Of app''GaRts requesting a transfe
r8Rewal or iSS ianno of a new liquor linonse
It is declared the oolicv of the borouah to cooperate with and aid the ABC Board in determinin
the fitness of applicants requesting a transfer, renewal, or issuance of a new liquor license. This
includes evaluatina the onaoina operation of licenses or endorsements durina the second vear of
their biennial licensing period
Section 3: That Section 5.01.020 of the Kodiak Island Borough Code of Ordinances, License
Renewal Procedure, is repealed and replaced to read as follows:
Ordinance No. FY2026-16
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5.01.020 License Renewal Procedure.
A. When the clerk receives notice from the Alcohol Marijuana Control Office (AMCO) of a license
renewal application, the clerk shall review the application and identify any basis for potential
protest for one or more of the reasons listed in this subsection A. If a basis for protest is
apparent, the clerk shall forward the application to the assembly and the assembly shall
determine whether to protest the application on the grounds that it is not in the public's best
interest based on the following factors:
1. Whether the business has or is operating with a valid zoning permit;
2. Whether the business operated under the license or endorsement is, or persons named
on the application are, delinquent in an amount totaling $1,000 or more in the payment of
any or all of the following:
a. Property taxes or local improvement district assessments; penalties or interest on real
or personal property related to conduct of the business operated under the license or
endorsement; and
b. Charges for a borough service provided for the benefit of the business conducted
under the license or endorsement;
3. The character and public interests of the surrounding neighborhood;
4. The comments and objections, if any, of the residents and property owners of the
surrounding area;
5. Whether the surrounding area experiences an unacceptable rate of crime or accidents in
which alcohol is a contributing factor;
6. The actual and potential law enforcement problems of the business conducted under
the license or endorsement. includina the proximity of the premises to law enforcement
stations and patrols;
7. The history of convictions of persons named on the application for any felony or any
criminal violation of State or local statute or regulation involving use or abuse of alcohol
or a controlled substance; and
8. Any other factors determined to be relevant to the public interest.
B. If the review of the criteria in subsection A shows no basis for protest, the clerk shall advise
the assembly that there is no apparent basis for protest and advise the ABC Board of the
borough's nonobjection to the license renewal.
C. If the review shows any evidence which could support a protest, with or without conditions,
the procedure below shall be followed:
1. The clerk shall promptly advertise and place the matter as a public hearing item on a
meeting agenda in order to comply with the 60 -day protest period. Following the close of
the public hearing, the assembly shall determine by adopting a motion whether a protest
is to be lodged with the ABC Board, and it shall state the assembly's reasons for the
protest.
Ordinance No. FY2026-16 Page 2 of 5
95 2. The applicant shall be notified of such decision and shall be allowed a reasonable
96 opportunity to defend their application before a meeting of the assembly.
97 3. The assembly's decision to protest the application shall stand unless a majority of the
98 assembly votes to withdraw the protest.
99 4. Any protest must state the assembly's reasons for the protest and must be filed with the
100 ABC Board and copied to the applicant. A protest must be received by the ABC Board
101 within 60 days of the borough having received notice of the application.
102 D. If a protest is lodged, the manager and attorney are authorized to use any document or
103 evidence necessary to effectively advance the position of the borough at any hearing before
104 the ABC Board.
105 Section 4: That Section 5.01.030 of the Kodiak Island Borough Code of Ordinances, New License
106 and Transfer Procedure, is repealed and replaced to read as follows.
107 5.01 030 New lirenso and transfer nrnror uro.
108 A. IJPE)R F8Geipt of notice from the AIGE)he!'G Beverage Control Board ef the board's FeGempt
109 ef aR appliGatien er Intent tG appreve the traRSfeF er issuaRGe of a new liquoF IiGeRSe:
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112 I-ni -er I-nense•
113 2. The Glerk shall GheGk with the state treepers OR the Rumber of treuble reperts at the
114 plane of b -sipess•
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115 3. The GleFk shall duly advei4ise and plaGe the matteF of the appliGation UPOR the agenda
116 for the next meeting of the assembly On order that Gitizens may express their desires
117 as to whether eF not the assembly should approve or protest the transfer or
118 of theI-ol� GeTnrGe,anQ
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120 IiGense shall he mailed to eanh IandE) /per within 1,500 feet of the prnpesed IOGatlnn
121 by the Glerk. A transfer from GRe PeFSOR to another of a liquer InGense, even Of the
122 IGGatien stays the same, shall be GGnsidered a request for a new 1mquGF InGense by44e
123 Kedmak island Borough. The app''GaRt shall pay a fee based UPOR the GGSt ef the R
124 anrd appliratinn proressino rests to the here--oh
125 B. The
is he ledged with the 4lGehelir Beverage Control Board If a protest is le doert the
126 ro tG�c-rvuged�rrcrrzrrcTTrcvr-rvrr�ve�F ,
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129 Beverage G0RtFGI Board-.
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131 5.01.030 New license and transfer procedure
132 A. When the clerk receives notice from the AMCO of a new license or transfer application, the
133 assembly shall determine whether to protest the application on the grounds that it is not in the
134 public's best interest based on the following factors:
135 1. Whether the business or endorsement has, or is eligible for a zoning permit;
136 2. Whether the business operated under the license or endorsement is, or persons named
137 on the application are, delinquent in an amount totaling $1,000 or more in the payment of
138 any or all of the following:
139 c. Property taxes or local improvement district assessments; penalties or interest on real
140 or personal property related to conduct of the business operated under the license or
141 endorsement; and
142 d. Charges for a borough service provided for the benefit of the business conducted
143 under the license or endorsement;
144 3. The character and oublic interests of the surroundina neiahborhood:
Ordinance No. FY2026-16 Page 3 of 5
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4. The comments and objections, if any, of the residents and property owners of the
surrounding area;
5. Whether the surrounding area experiences an unacceptable rate of crime or accidents in
which alcohol is a contributing factor;
6. The actual and potential law enforcement problems of the business conducted under
the license or endorsement, including the proximity of the premises to law enforcement
stations and patrols;
7. The history of convictions of persons named on the application for any felony or any
criminal violation of State or local statute or regulation involving use or abuse of alcohol
or a controlled substance; and
8. Any other factors determined to be relevant to the public interest.
B. The clerk shall promptly advertise and place the matter as a public hearing item on a meeting
agenda in order to comply with the 60 -day protest period, allowing citizens to express their
desires as to whether or not the assembly should voice non -protest or lodge a protest for the
issuance or transfer of the liquor license or endorsement.
C. The notice of intent to establish a new liquor license or endorsement, or transfer of location or
transfer of ownership of an existing license or endorsement, shall be mailed to each landowner
within 1,500 feet of the proposed new location by the clerk. The applicant shall pay a fee based
upon the cost of the notice and application processing costs to the borough.
D. Following the close of the public hearing, the assembly shall determine by adopting a motion
whether a protest is to be lodged with the ABC Board, and it shall state the assembly's reasons
for the protest.
E. The applicant shall be notified of such decision and shall be allowed a reasonable opportunity
to defend their application before a meeting of the assembly.
F. The assembly's decision to protest the application shall stand unless a majority of the assembly
votes to withdraw the protest.
G. Any protest must state the assembly's reasons for the protest and must be filed with the ABC
Board and copied to the applicant. A protest must be received by the ABC Board within 60
days of the borough having received notice of the application.
E. If a protest is lodged, the manager and attorney are authorized to use any document or
evidence necessary to effectively advance the position of the borough at any hearing before
the ABC Board.
Section 5: That Section 5.01.040 of the Kodiak Island Borough Code of Ordinances, New License
and Transfer Procedure, is hereby incorporated as follows.
5.01.040 Protests of continued oaeration of a license.
A. The clerk shall initiate an investiaation reaardina the onaoina oaeration of licenses that are
entering the second year of their biennial licensing period. If the clerk's investigation identifies
any basis for potential protest for one or more of the reasons listed in this subsection, the clerk
shall forward the license to the assembly for review and the assembly shall determine whether
to protest the license on the grounds that it is not in the public's best interest based on the
following factors:
1. Whether the business operated under the license or endorsement has, or is operating
with a valid zoning permit;
9. Whether the business operated under the license or endorsement is, or persons named
on the license are, delinquent in an amount totaling $1,000 or more in the payment of any
or all of the following:
a. Property taxes or local improvement district assessments; penalties or interest on real
or personal property related to conduct of the business operated under the license or
endorsement;
Ordinance No. FY2026-16
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b. Charges for a borough service provided for the benefit of the business conducted
under the license or endorsement;
2. The character and public interests of the surrounding neighborhood;
3. The comments and objections, if any, of the residents and property owners of the
surrounding area;
4. Whether the surrounding area experiences an unacceptable rate of crime or accidents in
which alcohol is a contributing factor;
5. The actual and potential law enforcement problems of the business conducted under
the license or endorsement, including the proximity of the premises to law enforcement
stations and patrols;
6. The history of convictions of persons named on the license for any felony or any criminal
violation of State or local statute or regulation involving use or abuse of alcohol or a
controlled substance; and
7. Any other factors determined to be relevant to the public interest.
B. If the review of the criteria in subsection A shows any evidence which could support a protest,
with or without conditions, the procedure below shall be followed:
1. The clerk shall duly advertise and place the matter as a public hearing item on the agenda.
Following the close of the public hearing, the assembly shall determine by motion whether
a protest is to be lodged with the ABC Board and it shall state the basis of the protest.
2. The licensee shall be notified of such decision and shall be allowed a reasonable
opportunity to defend their application before a meeting of the assembly.
3. The assembly's decision to protest the license shall stand unless a majority of the
assembly votes to withdraw the protest.
4. Any protest must state the assembly's reasons for the protest and must be filed with the
ABC Board and copied to the applicant. A protest must be received by the ABC Board by
January 31 of the second year of the license.
C. If a protest is lodged, the manager and attorney are authorized to use any document or
evidence necessary to effectively advance the position of the borough at any hearing before
the ABC Board.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTY SECOND DAY OF JANUARY, 2026
KODIAK ISLAND BOROUGH
/4 4
r,`Mriffin, .�•
Introduced by: KIB Assembly
First reading: 12/18/2025
Second reading/public hearing: 01/22/2026
ATTEST:
16 M, Qa"
Nova M. Javier, MMC, Bor gh Clerk
VOTES:
Ayes: Gardner, Johnson, Roberts, Smiley, Whiteside, Woods, and Ames
Noes: None
Ordinance No. FY2026-16
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