![]() The Borough hired an acoustics expert to determine whether Fish Heads complied with applicable Borough noise ordinances it did. 1įish Heads drew excessive-noise complaints from neighbors. Because Fish Heads operated outside designated commercial use areas in the Matanuska–Susitna Borough, Borough Code required Stevens to obtain a conditional use permit. ![]() Robert Stevens owned and operated Fish Heads Bar & Grill (Fish Heads) in the Matanuska–Susitna Borough and held a biennial liquor license. The bar owner appeals, and we affirm the superior court's decision. The bar owner appealed to the superior court, which affirmed the ABC Board's decision. The ABC Board adopted the recommendation. The administrative law judge recommended the ABC Board uphold its initial decision and enforce the denial of continued operation under the license. The bar owner requested an adjudicatory hearing before an administrative law judge to review the ABC Board's decision. The ABC Board sustained the protest and denied the bar owner's continued operation under his liquor license. The borough later protested continued operation under the bar owner's liquor license to the Alcoholic Beverage Control Board (ABC Board). John Aschenbrenner, Deputy Borough Attorney, Lisa Thomas, Assistant Borough Attorney, and Nicholas Spiropoulos, Borough Attorney, Palmer, for Appellee Matanuska–Susitna Borough.Ī bar owner was charged with and convicted of violating borough noise and adult entertainment ordinances. Sullivan, Attorney General, Juneau, for Appellee State of Alaska. Novak, Assistant Attorney General, Anchorage, and Daniel S. Schleuss, Law Office of Christine Schleuss, Anchorage, for Appellant. Supreme Court No. S–13436 Decided: August 12, 2011īefore: Fabe, Winfree, Christen, and Stowers, Justices. STATE OF ALASKA, ALCOHOLIC BEVERAGE CONTROL BOARD and MATANUSKA–SUSITNA BOROUGH, Appellees. ROBERT STEVENS, d/b/a FISH HEADS BAR & GRILL, Appellant, v.
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