Alaska Statutes
Alaska Stat. § 04.11.360 (2026)
Denial of transfer of a license to another person
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 04.11.360. Denial of transfer of a license to another person.
An application requesting approval of a transfer of a license to another person under this title shall be denied if
(1) the board finds, after review of all relevant information, that transfer of a license to another person would not be in the best interests of the public;
(2) the application has not been completed in accordance with AS 04.11.280;
(3) the application contains false statements of material fact;
(4) the transferor has not paid all debts or taxes arising from the conduct of the business licensed under this title unless
(A) the transferor gives security for the payment of the debts or taxes satisfactory to the creditor or taxing authority; or
(B) the transfer is under a promise given as collateral by the transferor to the transferee in the course of an earlier transfer of the license under which promise the transferor is obliged to transfer the license back to the transferee in the event of default in payment for property conveyed as part of the earlier transfer of the license;
(5) transfer of the license to another person would result in violation of the provisions of this title relating to identity of licensees and financing of licensees;
(6) transfer of the license to another person would violate the restrictions pertaining to the particular license under this title;
(7) transfer of the license to another person is prohibited under the provisions of this title as a result of an election conducted under AS 04.11.507; or
(8) the prospective transferee does not have the qualifications required under this title of an original applicant; however, an application may not be denied because a prospective transferee under AS 04.09.350(c)(2) does not have the qualifications required under AS 04.09.350(c)(1).
An application requesting approval of a transfer of a license to another person under this title shall be denied if
(1) the board finds, after review of all relevant information, that transfer of a license to another person would not be in the best interests of the public;
(2) the application has not been completed in accordance with AS 04.11.280;
(3) the application contains false statements of material fact;
(4) the transferor has not paid all debts or taxes arising from the conduct of the business licensed under this title unless
(A) the transferor gives security for the payment of the debts or taxes satisfactory to the creditor or taxing authority; or
(B) the transfer is under a promise given as collateral by the transferor to the transferee in the course of an earlier transfer of the license under which promise the transferor is obliged to transfer the license back to the transferee in the event of default in payment for property conveyed as part of the earlier transfer of the license;
(5) transfer of the license to another person would result in violation of the provisions of this title relating to identity of licensees and financing of licensees;
(6) transfer of the license to another person would violate the restrictions pertaining to the particular license under this title;
(7) transfer of the license to another person is prohibited under the provisions of this title as a result of an election conducted under AS 04.11.507; or
(8) the prospective transferee does not have the qualifications required under this title of an original applicant; however, an application may not be denied because a prospective transferee under AS 04.09.350(c)(2) does not have the qualifications required under AS 04.09.350(c)(1).
Notes of Decisions
Cited in 4
cases, 1983–2018 · leading case: United States v. Battley (In re Kimura), 969 F.2d 806 (9th Cir. 1992).
United States v. Battley (In re Kimura), 969 F.2d 806 (9th Cir. 1992). “Consequently, applying federal law, we hold that the priority Alaska reserved to third party trade creditors, pursuant to Alaska Stat. § 04.11.360 (4), over a prior federal tax lien is invalid and unenforceable.”
United States v. Stone (In re Stone), 6 F.3d 581 (9th Cir. 1993). “Alaska Stat. § 04.11.360 (4)(A). The IRS claimed that the federal tax lien, perfected before both the State and trade creditors filed objections to the transfer of the license under section 04.”
Artus v. Alaska Dep't of Labor, 718 F.2d 1446 (9th Cir. 1983). “Alaska Stat. § 04.11.360 (4)(A) (1982) (emphasis added).”
In re Aqua Pesca, LLC, 588 B.R. 241 (Bankr. D. Alaska 2018). “[footnote omitted] Although the lien interest created by Alaska Stat. § 04.11.360 (4) differs in form from other more typical creditor-protection devices such as a security interest or a materialman's lien, all serve the same function.”
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