Holiday Alaska, Inc. v. State of Alaska, Division of Corporations, Business & Professional Licensing

Summary

The Alaska Supreme Court affirmed the superior court's decision upholding sanctions against Holiday's tobacco-license endorsements under the amended tobacco-endorsement statute. The court held that the amendment provides due process by allowing notice, a hearing, rebuttal of the presumption that an employee negligently sold tobacco to a minor, and presentation of mitigating evidence; assigning Holiday the burden of rebutting the presumption did not make the hearing meaningless. Justice Fabe, concurring, agreed that the amended statute satisfies due process but disagreed with relying on clerks' motivation to contest the underlying fines.