00 HOUSE CS FOR CS FOR SENATE BILL NO. 372(STA) 01 "An Act relating to community local options for control of alcoholic beverages; 02 relating to the control of alcoholic beverages; relating to the definition of 03 `alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating 04 to alcohol server education courses; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 04.11.010(b) is amended to read: 07  (b) A person may not solicit or receive orders for the delivery of an alcoholic 08 beverage in an area that has adopted a local option under AS 04.11.491. If the 09 area has adopted a local option under AS 04.11.491(a)(1), (2), or (3), or (b)(1) or 10 (2), a package store licensee outside of that local option area may receive orders 11 as provided under AS 04.11.150 but may not solicit in that area or receive orders 12 through an agent or employee in that area. This subsection does not apply to a 13 package store licensee who operates a package store in an area that has adopted 14 a local option under AS 04.11.491(a)(2)(C) or (3)(C) or (b)(2)(C) [WHERE THE 01 RESULTS OF A LOCAL OPTION ELECTION HAVE, UNDER AS 04.11.490 - 02 04.11.500, PROHIBITED THE BOARD FROM ISSUING, RENEWING OR 03 TRANSFERRING ONE OR MORE TYPES OF LICENSES OR PERMITS UNDER 04 THIS TITLE, UNLESS THE PERSON IS LICENSED UNDER THIS TITLE AND 05 THE ORDER IS ACTUALLY RECEIVED BY THAT PERSON FROM THE 06 PURCHASER OF THE ALCOHOLIC BEVERAGE]. A person who violates this 07 subsection is punishable upon conviction as provided under AS 04.16.200(a) or (b). 08 * Sec. 2. AS 04.11.010(c) is amended to read: 09  (c) In a criminal prosecution for possession of alcoholic beverages for sale in 10 violation of (a) of this section, the fact that a person possessed more than 12 liters of 11 distilled spirits, 24 liters or more of wine, or 12 gallons [45 LITERS] or more of malt 12 beverages in an area where the sale of alcoholic beverages is restricted or prohibited 13 under AS 04.11.491 [AS 04.11.490, 04.11.492, 04.11.496, OR 04.11.500] creates a 14 presumption that the person possessed the alcoholic beverages for sale. 15 * Sec. 3. AS 04.11.135(b) is amended to read: 16  (b) Except as provided under AS 04.11.360(10) [AS 04.11.360(12)], the 17 brewpub license is not transferable, shall remain the property of the state, and is not 18 subject to any form of alienation. 19 * Sec. 4. AS 04.11.150(a) is repealed and reenacted to read: 20  (a) Except as provided under (h) of this section, a package store license 21 authorizes the licensee to sell alcoholic beverages to a person present on the licensed 22 premises or to a person known to the licensee who makes a written solicitation to that 23 licensee for shipment. A licensee, agent, or employee may only ship alcoholic 24 beverages to the person who is purchasing the alcoholic beverages being shipped. 25 Before commencing the practice of shipping alcoholic beverages, and with a 26 subsequent application to renew the license, a licensee shall notify the board in writing 27 of the licensee's intention to ship alcoholic beverages in response to a written 28 solicitation. The package store licensee, agent, or employee shall include written 29 information on fetal alcohol syndrome and fetal alcohol effects resulting from a woman 30 consuming alcohol during pregnancy in a shipment of alcoholic beverages sold in 31 response to a written solicitation. 01 * Sec. 5. AS 04.11.150(h) is repealed and reenacted to read: 02  (h) If a shipment is to an area that has restricted the sale of alcoholic 03 beverages under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), a package store 04 licensee, agent, or employee may not ship to a purchaser more than 12 liters of 05 distilled spirits, 24 liters or more of wine, or 12 gallons or more of malt beverages in 06 a calendar month. 07 * Sec. 6. AS 04.11.160 is amended by adding new subsections to read: 08  (f) A person who applies for issuance or renewal of a license under this 09 section shall file, on forms provided by the board, the following information regarding 10 each brand of alcoholic beverage that the person intends to purchase, offer for sale, or 11 sell: (1) the full and correct brand or trade name; (2) the nature and type of the brand; 12 (3) the name of the distiller, brewer, vintner, or importer of the brand; and (4) a 13 certification by the distiller, brewer, vintner, or importer of the brand that the person 14 is a primary source of supply for the brand. In addition to the fees imposed under (a) 15 and (b) of this section, a person filing under this subsection shall pay a biennial filing 16 fee of $50 for each brand of alcoholic beverage the person intends to purchase, offer 17 for sale, or sell. In this subsection, "distiller, brewer, vintner, or importer" includes 18 an exclusive agent of the distiller, brewer, vintner, or importer if the agent's name 19 appears on the label of the brand approved by the Federal Bureau of Alcohol, Tobacco 20 and Firearms. 21  (g) A person licensed under this section shall notify the board within 10 days 22 of a change in a primary source of supply designation required under (f) of this 23 section. 24 * Sec. 7. AS 04.16 is amended by adding a new section to read: 25  Sec. 04.16.172. RESTRICTIONS ON PURCHASE AND SALE OF 26 ALCOHOLIC BEVERAGES. A person licensed under AS 04.11.090, 04.11.100, 27 04.11.110, or 04.11.150 may not purchase, sell, or offer for sale an alcoholic beverage 28 unless the alcoholic beverage being purchased, sold, or offered for sale was obtained 29 from a person licensed under 30  (1) AS 04.11.160 as a primary source of supply for the alcoholic 31 beverage being purchased, sold, or offered for sale; or 01  (2) AS 04.11.130, 04.11.140, or 04.11.170. 02 * Sec. 8. AS 04.11.270(b) is amended to read: 03  (b) A license shall be renewed as follows: 04  (1) on or before November 1 [OF EACH YEAR], the director shall 05 mail a renewal application to each licensee whose license, unless renewed, will expire 06 on December 31 of that year; the application shall be mailed to the licensee at the 07 licensed premises or at a mailing address furnished by the licensee; 08  (2) the licensee shall submit the completed renewal application and the 09 biennial license fee to the director before January 1 [ON OR BEFORE 10 DECEMBER 31]; 11  (3) a renewal application filed after December 31 is delinquent and 12 must be accompanied by a $500 [$200] penalty fee; 13  (4) if December 31 falls on a weekend or a state holiday, the deadline 14 is extended to the first business day following December 31. 15 * Sec. 9. AS 04.11.320 is amended to read: 16  Sec. 04.11.320. DENIAL OF NEW LICENSES AND PERMITS. (a) An 17 application requesting issuance of a new license shall be denied if 18  (1) the board finds, after review of all relevant information, that 19 issuance of the license would not be in the best interests of the public; 20  (2) issuance of the license is prohibited by AS 04.11.390, relating to 21 residency, or AS 04.11.410, relating to location of premises near churches and schools; 22  (3) the application has not been completed in accordance with 23 AS 04.11.260; 24  (4) issuance of the license would violate the restrictions pertaining to 25 the particular license imposed under this title; 26  (5) issuance of the license is prohibited under this title as a result of 27 an election conducted under AS 04.11.507 [IN ACCORDANCE WITH 28 AS 04.11.502]; 29  (6) the requirements of AS 04.11.420 - 04.11.450 relating to zoning, 30 ownership and location of the license, and the identity and financing of a licensee have 31 not been met; 01  (7) [THE LICENSED PREMISES ARE TO BE LOCATED IN A 02 MUNICIPALITY, THE TYPE OF LICENSE SOUGHT IS A BEVERAGE 03 DISPENSARY OR PACKAGE STORE LICENSE, AND THAT TYPE OF LICENSE 04 IS ALREADY IN EFFECT IN THE MUNICIPALITY UNDER A COMMUNITY 05 LIQUOR LICENSE, UNLESS THE NEW LICENSE IS TO BECOME EFFECTIVE 06 AFTER THE COMMUNITY LIQUOR LICENSE IS NO LONGER EFFECTIVE, 07 WHETHER AS THE RESULT OF A LOCAL OPTION ELECTION OR 08 OTHERWISE; 09  (8) THE AUTHORITY SOUGHT IS AUTHORITY TO OPERATE A 10 BEVERAGE DISPENSARY OR PACKAGE STORE UNDER A COMMUNITY 11 LIQUOR LICENSE FOR PREMISES TO BE LOCATED IN A MUNICIPALITY 12 WHERE THE AUTHORITY SOUGHT IS ALREADY HELD BY A PRIVATE 13 LICENSEE UNDER A BEVERAGE DISPENSARY OR PACKAGE STORE 14 LICENSE, UNLESS THE COMMUNITY LIQUOR LICENSE IS TO BECOME 15 EFFECTIVE AFTER THE PRIVATELY HELD LICENSE IS NO LONGER 16 EFFECTIVE, WHETHER AS THE RESULT OF A LOCAL OPTION ELECTION OR 17 OTHERWISE; 18  (9)] issuance of the license is prohibited under AS 04.11.400(a) or 19 prohibition of issuance of the license is found necessary under AS 04.11.400(b); 20  (8) [(10)] the application contains false statements of material fact; 21  (9) [(11)] the license is sought for the sale of alcoholic beverages in a 22 first or second class city where [IN WHICH] there are no licensed premises at the 23 time of application unless a majority of the voters have voted not to approve [IN] a 24 local option to restrict or prohibit the sale of alcoholic beverages under 25 AS 04.11.491, have voted to approve a local option to allow the type of premises 26 under AS 04.11.491(a)(2) or (3), or have voted to remove a restriction or 27 prohibition on the sale of alcoholic beverages under AS 04.11.495 [ELECTION 28 CONDUCTED IN ACCORDANCE WITH AS 04.11.502 HAVE VOTED "NO" ON 29 THE QUESTION SET OUT IN AS 04.11.490, OR HAVE VOTED "YES" ON A 30 QUESTION SET OUT IN AS 04.11.492 OR 04.11.500]; or 31  (10) [(12)] the license is sought for the sale of alcoholic beverages in 01 an established village where [IN WHICH] there are no licensed premises at the time 02 of application unless a majority of the voters have voted not to approve [IN] a local 03 option to restrict or prohibit the sale of alcoholic beverages under AS 04.11.491, 04 have voted to approve a local option to allow the type of premises under 05 AS 04.11.491(b)(2), or have voted to remove a restriction or prohibition on the 06 sale of alcoholic beverages under AS 04.11.495 [ELECTION CONDUCTED IN 07 ACCORDANCE WITH AS 04.11.502 HAVE VOTED "NO" ON THE QUESTION 08 SET OUT IN AS 04.11.490 OR HAVE VOTED "YES" ON THE QUESTION SET 09 OUT IN AS 04.11.500]. 10  (b) An application requesting issuance of a new permit shall be denied if 11  (1) the board finds, after review of all relevant information, that 12 issuance of the permit would not be in the best interests of the public; 13  (2) the board finds that any of the statements made in the application 14 are untrue; 15  (3) the application has not been completed in accordance with 16 AS 04.11.260; or 17  (4) the permit is sought for the sale of alcoholic beverages in a first or 18 second class city or established village where [IN WHICH] there are no licensed 19 premises at the time of application unless a majority of the voters have voted not to 20 approve [IN] a local option to restrict or prohibit the sale of alcoholic beverages 21 under AS 04.11.491, have voted to approve a local option to allow the type of 22 permit under AS 04.11.491(a)(2) or (b)(2), or have voted to remove a restriction 23 or prohibition on the sale of alcoholic beverages under AS 04.11.495 [ELECTION 24 CONDUCTED IN ACCORDANCE WITH AS 04.11.502 HAVE VOTED "NO" ON 25 THE QUESTION SET OUT IN AS 04.11.490]. 26 * Sec. 10. AS 04.11.330(a) is amended to read: 27  (a) An application requesting renewal of a license shall be denied if 28  (1) the board finds, after review of all relevant information, that 29 renewal of the license would not be in the best interests of the public; 30  (2) the license has been revoked for any cause; 31  (3) the applicant has not operated the licensed premises for at least 30 01 eight-hour days during each of the two preceding calendar years, unless the board 02 determines that the licensed premises are under construction or cannot be operated 03 through no fault of the applicant; 04  (4) the board finds that issuance of an existing license under 05 AS 04.11.400(g) has not encouraged tourist trade; 06  (5) the requirements of AS 04.11.420 - 04.11.450 relating to zoning, 07 ownership of the license, and financing of the licensee have not been met; 08  (6) renewal of the license would violate the conditions or restrictions 09 pertaining to the particular license under this title; 10  (7) renewal of the license is prohibited under this title as a result of an 11 election conducted under AS 04.11.507 [IN ACCORDANCE WITH AS 04.11.502]; 12  (8) the application has not been completed in accordance with 13 AS 04.11.270; or 14  (9) the license was issued under AS 04.11.400(j), and the board finds 15 that the public convenience does not require renewal. 16 * Sec. 11. AS 04.11.340 is amended to read: 17  Sec. 04.11.340. DENIAL OF REQUEST FOR RELOCATION. An application 18 requesting approval for the relocation of licensed premises shall be denied if 19  (1) the board finds, after review of all relevant information, that 20 relocation of the license would not be in the best interests of the public; 21  (2) the relocation is prohibited under AS 04.11.400(a) or (b); 22  (3) the license would be relocated out of the established village, 23 incorporated city, unified municipality, or population area established under 24 AS 04.11.400(a) within which it is located; 25  (4) transfer of ownership is to be made concurrently with the relocation 26 of the licensed premises and a ground for denial of the transfer of ownership under 27 AS 04.11.360 is presented; 28  (5) the application has not been completed in accordance with 29 AS 04.11.290; 30  (6) relocation of the license would result in violation of a local zoning 31 law; 01  (7) relocation of the license would violate the restrictions pertaining to 02 the particular license imposed by this title; 03  (8) relocation of the license is prohibited under this title as a result of 04 an election conducted under AS 04.11.507 [IN ACCORDANCE WITH 05 AS 04.11.502]; or 06  (9) [THE LICENSED PREMISES ARE TO BE LOCATED IN A 07 MUNICIPALITY, THE TYPE OF LICENSE SOUGHT TO BE RELOCATED IS A 08 BEVERAGE DISPENSARY OR PACKAGE STORE LICENSE, AND THAT TYPE 09 OF LICENSE IS ALREADY IN EFFECT IN THE MUNICIPALITY UNDER A 10 COMMUNITY LIQUOR LICENSE, UNLESS THE RELOCATION IS TO BECOME 11 EFFECTIVE AFTER THE COMMUNITY LIQUOR LICENSE IS NO LONGER 12 EFFECTIVE, WHETHER AS THE RESULT OF A LOCAL OPTION ELECTION OR 13 OTHERWISE; 14  (10)] the license was issued under AS 04.11.400(g), (h), or (j). 15 * Sec. 12. AS 04.11.360 is amended to read: 16  Sec. 04.11.360. DENIAL OF TRANSFER OF A LICENSE TO ANOTHER 17 PERSON. An application requesting approval of a transfer of a license to another 18 person under this title shall be denied if 19  (1) the board finds, after review of all relevant information, that transfer 20 of a license to another person would not be in the best interests of the public; 21  (2) the application has not been completed in accordance with 22 AS 04.11.280; 23  (3) the application contains false statements of material fact; 24  (4) the transferor has not paid all debts or taxes arising from the 25 conduct of the business licensed under this title unless 26  (A) the transferor gives security for the payment of the debts 27 or taxes satisfactory to the creditor or taxing authority; or 28  (B) the transfer is pursuant to a promise given as collateral by 29 the transferor to the transferee in the course of an earlier transfer of the license 30 under which promise the transferor is obliged to transfer the license back to the 31 transferee in the event of default in payment for property conveyed as part of 01 the earlier transfer of the license; 02  (5) transfer of the license to another person would result in violation 03 of the provisions of this title relating to identity of licensees and financing of licensees; 04  (6) transfer of the license to another person would violate the 05 restrictions pertaining to the particular license under this title; 06  (7) transfer of the license to another person is prohibited under the 07 provisions of this title as a result of an election conducted under AS 04.11.507 [IN 08 ACCORDANCE WITH AS 04.11.502]; 09  (8) the prospective transferee does not have the qualifications required 10 under this title of an original applicant; 11  (9) [THE LICENSED PREMISES ARE LOCATED IN A 12 MUNICIPALITY, THE TYPE OF LICENSE SOUGHT TO BE TRANSFERRED IS 13 A BEVERAGE DISPENSARY OR PACKAGE STORE LICENSE, AND THAT TYPE 14 OF LICENSE IS ALREADY IN EFFECT IN THE MUNICIPALITY UNDER A 15 COMMUNITY LIQUOR LICENSE, UNLESS THE TRANSFER IS TO BECOME 16 EFFECTIVE AFTER THE COMMUNITY LIQUOR LICENSE IS NO LONGER 17 EFFECTIVE, WHETHER AS THE RESULT OF A LOCAL OPTION ELECTION OR 18 OTHERWISE; 19  (10) THE AUTHORITY SOUGHT IS AUTHORITY TO OPERATE 20 A BEVERAGE DISPENSARY OR PACKAGE STORE UNDER A COMMUNITY 21 LIQUOR LICENSE FOR PREMISES TO BE LOCATED IN A MUNICIPALITY 22 WHERE THE AUTHORITY SOUGHT IS ALREADY HELD BY A PRIVATE 23 LICENSEE UNDER A BEVERAGE DISPENSARY OR PACKAGE STORE 24 LICENSE, UNLESS THE TRANSFER IS TO BECOME EFFECTIVE AFTER THE 25 PRIVATELY HELD LICENSE IS NO LONGER EFFECTIVE, WHETHER AS THE 26 RESULT OF A LOCAL OPTION ELECTION OR OTHERWISE; 27  (11)] the license was issued under AS 04.11.400(j); or 28  (10) [(12)] the license was issued under AS 04.11.135, unless the 29 transferor is also applying to transfer the beverage dispensary license required under 30 AS 04.11.135 to the same transferee. 31 * Sec. 13. AS 04.11.370 is amended to read: 01  Sec. 04.11.370. SUSPENSION AND REVOCATION OF LICENSES AND 02 PERMITS. A license or permit shall be suspended or revoked if the board finds 03 [THAT ONE OR MORE OF THE FOLLOWING GROUNDS EXISTS:] 04  (1) misrepresentation of a material fact on an application made under 05 this title or a regulation adopted under this title [FOR A LICENSE OR PERMIT]; 06  (2) continuation of the manufacture, sale, or service of alcoholic 07 beverages by the licensee [ACTIVITIES AUTHORIZED UNDER A LICENSE OR 08 PERMIT] would be contrary to the best interests of the public; 09  (3) failure on the part of the licensee to correct a defect [DEFECTS] 10 that constitutes a violation [CONSTITUTE VIOLATIONS] of this title, a condition 11 or restriction imposed under AS 04.11.395, a regulation [REGULATIONS] adopted 12 under this title, or other laws [WITHIN A PRESCRIBED TIME] after receipt of notice 13 issued by the board or its agent; 14  (4) conviction of a licensee of a violation of [A PROVISION OF] this 15 title, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010; 16  (5) conviction of an [THE] agent or employee of a licensee of a 17 violation of this title, a regulation adopted under this title, or an ordinance adopted 18 under AS 04.21.010, if the licensee is found by the board to have either knowingly 19 allowed the violation or to have recklessly or with criminal negligence failed to act in 20 accordance with the duty prescribed under AS 04.21.030 with the result that the [AN] 21 agent or employee violates a law, regulation, or ordinance; 22  (6) failure of the licensee to comply with the public health, fire, or 23 safety laws and regulations [PERTAINING TO PUBLIC HEALTH] in the state; 24  (7) use of the licensed premises as a resort for illegal possessors or 25 users of narcotics, prostitutes, or promoters of prostitution; in addition to any other 26 legally competent evidence, the character of the premises may be proved by the 27 general reputation of the premises in the community as a resort for illegal possessors 28 or users of narcotics, prostitutes, or promoters of prostitution; 29  (8) occurrence of illegal gambling within the limits of the licensed 30 premises; 31  (9) the licensee permitted a [PERMITTING ANY] public offense 01 involving moral turpitude to occur on the licensed premises; 02  (10) violation by a licensee of this title, a condition or restriction 03 imposed under AS 04.11.395, a regulation adopted under this title, or an ordinance 04 adopted under AS 04.21.010; or 05  (11) violation by an agent or employee of a licensee of a provision of 06 this title, a condition or restriction imposed under AS 04.11.395, a regulation 07 adopted under this title, or an ordinance adopted under AS 04.21.010, if the licensee 08 is found by the board to have either knowingly allowed the violation or to have 09 recklessly or with criminal negligence failed to act in accordance with the duty 10 prescribed under AS 04.21.030 with the result that the agent or employee violates the 11 law, condition or restriction, regulation, or ordinance. 12 * Sec. 14. AS 04.11 is amended by adding a new section to read: 13  Sec. 04.11.395. BOARD IMPOSED CONDITIONS OR RESTRICTIONS. 14 The board may, in the best interests of the public, impose conditions or restrictions on 15 a license or permit issued under this chapter. 16 * Sec. 15. AS 04.11.400(a) is amended to read: 17  (a) Except as provided in (g), (h), (i), (j), and (k) of this section, a new license 18 may not be issued and the board may prohibit relocation of an existing license 19  (1) outside an established village, incorporated city, unified 20 municipality, or organized borough if after the issuance or relocation there would be 21 more than one restaurant or eating place license for each 1,500 population or fraction 22 of that [1,500] population; or more than one license of each other type, including 23 licenses that have been issued under (g) or (h) of this section, for each 3,000 24 population or fraction of that [3,000] population; in a radius of five miles of the 25 licensed premises [OR LOCATION OF PREMISES SOUGHT TO BE LICENSED], 26 excluding the populations of established villages, incorporated cities, unified 27 municipalities, and organized boroughs that are wholly or partly included within the 28 radius; 29  (2) inside an established village, incorporated city, or unified 30 municipality if after the issuance or relocation there would be inside the established 31 village, incorporated city, or unified municipality 01  (A) more than one restaurant or eating place license for each 02 1,500 population or fraction of that [1,500] population; or 03  (B) more than one license of each other type, including licenses 04 that have been issued under (g) or (h) of this section, for each 3,000 population 05 or fraction of that [3,000] population [INSIDE THE ESTABLISHED 06 VILLAGE, INCORPORATED CITY, OR UNIFIED MUNICIPALITY]; 07  (3) inside an organized borough but outside an established village or 08 incorporated city located within the borough, if after the issuance or relocation there 09 would be inside the borough, but outside the established villages and incorporated 10 cities located within the borough, more than one restaurant or eating place license for 11 each 1,500 population or fraction of that [1,500] population; or more than one license 12 of each other type, including licenses that have been issued under (g) or (h) of this 13 section, for each 3,000 population or fraction of that [3,000] population [INSIDE THE 14 BOROUGH,] excluding the population of those established villages that have adopted 15 a local option under AS 04.11.491(b)(1), (3), or (4) [CONDUCTED AN ELECTION 16 ON A QUESTION SET OUT IN AS 04.11.490, 04.11.496, OR 04.11.500], and 17 excluding the population of incorporated cities located within the organized borough. 18 * Sec. 16. AS 04.11.480(a) is amended to read: 19  (a) A [IF A] local governing body may [WISHES TO] protest the issuance, 20 renewal, relocation, [TRANSFER OF LOCATION] or transfer to another person of 21 a license by sending [, IT SHALL FURNISH] the board and the applicant [WITH] a 22 protest and the reasons for the protest within 30 days of receipt from the board of 23 notice of filing of the application. The local governing body may protest the 24 continued operation of a license during the second year of the biennial license 25 period by sending the board and the licensee a protest and the reasons for the 26 protest by January 31 of the second year of the license. The procedures for 27 action on a protest of continued operation of a license are the same as the 28 procedures for action on a protest of a renewal application. The board shall 29 consider a protest and testimony received at a hearing conducted under 30 AS 04.11.510(b)(2) or (b)(4) when it considers the application or continued 31 operation, and the protest and the record of the hearing conducted under 01 AS 04.11.510(b)(2) or (b)(4) shall be kept [RETAINED] as part of the board's 02 permanent record of its review [OF THE APPLICATION]. If an application or 03 continued operation is protested, the board shall deny [MAY NOT APPROVE] the 04 application or continued operation unless the board finds that the protest is arbitrary, 05 capricious, and unreasonable. 06 * Sec. 17. AS 04.11 is amended by adding a new section to read: 07  Sec. 04.11.491. LOCAL OPTIONS. (a) If a majority of the persons voting 08 on the question vote to approve the option, a municipality shall adopt a local option 09 to prohibit 10  (1) the sale of alcoholic beverages; 11  (2) the sale of alcoholic beverages except by one or more of the 12 following listed on the ballot: 13  (A) a restaurant or eating place licensee; 14  (B) a beverage dispensary licensee; 15  (C) a package store licensee; or 16  (D) a caterer holding a permit under AS 04.11.230 to sell 17 alcoholic beverages at a site within the municipality who is also licensed under 18 a beverage dispensary license for premises outside of the municipality; 19  (3) the sale of alcoholic beverages except on premises operated by the 20 municipality and under a type of licensed premises listed on the ballot, that may 21 include one or more of the following: 22  (A) a restaurant or eating place license; 23  (B) a beverage dispensary license; or 24  (C) a package store license; 25  (4) the sale and importation of alcoholic beverages; or 26  (5) the sale, importation, and possession of alcoholic beverages. 27  (b) If a majority of the persons voting on the question vote to approve the 28 option, an established village shall exercise a local option to prohibit 29  (1) the sale of alcoholic beverages; 30  (2) the sale of alcoholic beverages except by one or more of the 31 following listed on the ballot: 01  (A) a restaurant or eating place licensee; 02  (B) a beverage dispensary licensee; 03  (C) a package store licensee; or 04  (D) a caterer holding a permit under AS 04.11.230 to sell 05 alcoholic beverages at a site within the established village who is also licensed 06 under a beverage dispensary license for premises outside of the established 07 village; 08  (3) the sale and importation of alcoholic beverages; or 09  (4) the sale, importation, and possession of alcoholic beverages. 10  (c) A ballot question to adopt a local option under this section must at least 11 contain language substantially similar to: "Shall (name of municipality or village) 12 adopt a local option to prohibit (local option under (a) or (b) of this section)? (yes or 13 no)." 14  (d) The ballot for an election on the option set out in (a)(2)(A), (a)(3)(A), or 15 (b)(2)(A) of this section must include an explanation of the authority to sell alcoholic 16 beverages given to a restaurant or eating place. The ballot for an election on the 17 option set out in (a)(2)(B) or (D), (a)(3)(B), or (b)(2)(B) or (D) of this section must 18 include a statement that a beverage dispensary license is commonly known as a "bar" 19 and an explanation of the authority to sell alcoholic beverages given to a beverage 20 dispensary licensee. The ballot for an election on the option set out in (a)(2)(C), 21 (a)(3)(C), or (b)(2)(C) of this section must include a statement that a package store 22 license is commonly known as a "liquor store" and an explanation of the authority to 23 sell alcoholic beverages given to a package store licensee. 24  (e) If a municipality dissolves under AS 29.06.450(a) or (b), a local option 25 adopted by the municipality under (a) of this section shall continue in effect as the 26 corresponding local option under (b) of this section for an established village having 27 the same perimeter as the previous boundaries of the municipality. A license for 28 premises operated by the municipality under AS 04.11.505 expires when the 29 municipality dissolves. 30  (f) A municipality or established village that has adopted a local option under 31 (a)(1), (2), or (3) or (b)(1) or (2) of this section may designate a site for the delivery 01 of alcoholic beverages to individuals in the area or a site for a person to bring 02 alcoholic beverages if the alcoholic beverages are imported into the area. This 03 subsection does not apply to the delivery or importation of 04  (1) one liter or less of distilled spirits, two liters or less of wine, or one 05 gallon or less of malt beverages; or 06  (2) alcoholic beverages to a premises licensed under (a)(2) - (3) or 07 (b)(2) of this section. 08 * Sec. 18. AS 04.11 is amended by adding new sections to read: 09  Sec. 04.11.493. CHANGE OF LOCAL OPTION. (a) If a majority of persons 10 voting on the question vote to approve a different local option, a municipality or 11 established village shall change a local option previously adopted under AS 04.11.491 12 to the different approved option. 13  (b) A ballot question to change a local option under this section must at least 14 contain language substantially similar to: "Shall (name of municipality or village) 15 change the local option currently in effect, that prohibits (current local option under 16 AS 04.11.491), and adopt in its place a local option to prohibit (proposed local option 17 under AS 04.11.491)? (yes or no)." 18  Sec. 04.11.495. REMOVAL OF LOCAL OPTION. (a) If a majority of the 19 persons voting on the question vote to remove the option, a municipality or established 20 village shall remove a local option previously adopted under AS 04.11.491. The 21 option is repealed effective the first day of the month following certification of the 22 results of the election. 23  (b) A ballot question to remove a local option under this section must at least 24 contain language substantially similar to: "Shall (name of municipality or village) 25 remove the local option currently in effect, that prohibits (current local option under 26 AS 04.11.491), so that there is no longer any local option in effect? (yes or no)." 27  (c) When issuing a license in the area that has removed a local option, the 28 board shall give priority to an applicant who was formerly licensed and whose license 29 was not renewed because of the results of the previous local option election. However, 30 an applicant described in this subsection does not have a legal right to a license and 31 the board is not required to approve the application. 01 * Sec. 19. AS 04.11 is amended by adding a new section to read: 02  Sec. 04.11.497. EFFECT ON LICENSES OF PROHIBITION OF SALE. If 03 a majority of voters vote to prohibit the sale of alcoholic beverages under 04 AS 04.11.491(a)(1), (a)(4) or (5), (b)(1), or (b)(3) or (4), the board may not issue, 05 renew, or transfer, between persons or locations, a license for premises located within 06 the boundaries of the municipality and in unincorporated areas within five miles of the 07 boundaries of the municipality or within the perimeter of the established village. A 08 license that may not be renewed because of a local option election held under this 09 section is void 90 days after the results of the election are certified. A license that 10 expires during the 90 days after the results of a local option election are certified may 11 be extended, until it is void under this section, by payment of a prorated portion of the 12 biennial license fee. 13 * Sec. 20. AS 04.11 is amended by adding a new section to read: 14  Sec. 04.11.499. PROHIBITION OF IMPORTATION AFTER ELECTION. If 15 a majority of the voters vote to prohibit the importation of alcoholic beverages under 16 AS 04.11.491(a)(4) or (5) or (b)(3) or (4), a person, beginning on the first day of the 17 month following certification of the results of the election, may not knowingly send, 18 transport, or bring an alcoholic beverage into the municipality or established village, 19 unless the alcoholic beverage is sacramental wine to be used for bona fide religious 20 purposes based on tenets or teachings of a church or religious body, is limited in 21 quantity to the amount necessary for religious purposes, and is dispensed only for 22 religious purposes by a person authorized by the church or religious body to dispense 23 the sacramental wine. 24 * Sec. 21. AS 04.11 is amended by adding a new section to read: 25  Sec. 04.11.501. PROHIBITION OF POSSESSION AFTER ELECTION. (a) 26 If a majority of the voters vote to prohibit the possession of alcoholic beverages under 27 AS 04.11.491(a)(5) or (b)(4), a person may not knowingly possess an alcoholic 28 beverage in the municipality or established village, unless the alcoholic beverage is 29 sacramental wine to be used for bona fide religious purposes based on tenets or 30 teachings of a church or religious body, is limited in quantity to the amount necessary 31 for religious purposes, and is dispensed only for religious purposes, by a person 01 recognized by the church or religious body as authorized to dispense the wine. 02  (b) If there are licensed premises within the municipality or established village, 03 the prohibition on possession is effective beginning 90 days after the results of the 04 election are certified. If there are no licensed premises within the municipality or 05 established village, the prohibition on possession is effective beginning 60 days after 06 the results of the election are certified. 07  (c) Upon the adoption by a municipality of a local option under 08 AS 04.11.491(a)(5), an ordinance is adopted containing the provisions of this section. 09  (d) In this section, "possession" means having physical possession of or 10 exercising dominion or control over an alcoholic beverage, but does not include having 11 an alcoholic beverage within the digestive system of a person. 12 * Sec. 22. AS 04.11 is amended by adding a new section to read: 13  Sec. 04.11.503. EFFECT ON LICENSES OF RESTRICTION ON SALE. If 14 a majority of the voters vote under AS 04.11.491(a)(2) or (b)(2) to prohibit sale of 15 alcoholic beverages except by the type or types of licensees or permit holders listed 16 on the ballot, the board may not issue, renew, or transfer between persons or locations 17 a license for premises located within the boundaries of the municipality and in 18 unincorporated areas within five miles of the boundaries of the municipality or within 19 the perimeter of the established village, except the type or types of licenses listed on 20 the ballot. A license in effect within the boundaries of the municipality or perimeter 21 of the established village, and in unincorporated areas within five miles of the 22 boundaries of the municipality, except the type of license listed on the ballot, are void 23 90 days after the results of the election are certified. A license that expires during the 24 90 days after the results of a local option election are certified may be extended, until 25 it is void under this section, by payment of a prorated portion of the biennial license 26 fee. 27 * Sec. 23. AS 04.11 is amended by adding a new section to read: 28  Sec. 04.11.505. LICENSING AFTER PROHIBITION ON SALE EXCEPT IN 29 PREMISES OPERATED BY MUNICIPALITY. (a) If a majority of the voters vote 30 under AS 04.11.491(a)(3) to prohibit the sale of alcoholic beverages except on 31 premises operated by the municipality, the board may not issue, renew, or transfer 01 between persons or locations a license for premises located within the boundaries of 02 a municipality and in unincorporated areas within five miles of the boundaries of the 03 municipality, with the exception of the type of license listed on the ballot and operated 04 under a license held by the municipality. A license in effect is void 90 days after the 05 results of the election are certified. A license that expires during the 90 days after the 06 results of a local option election are certified may be extended, until it is void under 07 this subsection, by payment of a prorated portion of the biennial license fee. 08  (b) The local governing body of a municipality shall apply for a license to 09 operate the type of licensed premises listed on the ballot under AS 04.11.491(a)(3) and 10 approved by a majority of the voters. The municipality shall operate the premises 11 subject to the conditions and fees applicable to the type of license. Nothing in this 12 section precludes a municipality from applying to be a licensee under other provisions 13 of this title. 14 * Sec. 24. AS 04.11 is amended by adding new sections to read: 15  Sec. 04.11.507. PROCEDURE FOR LOCAL OPTION ELECTIONS. (a) 16 Elections to adopt a local option under AS 04.11.491, change a local option under 17 AS 04.11.493, or remove a local option under AS 04.11.495, shall be conducted as 18 required in this section. 19  (b) Upon receipt of a petition of a number of registered voters equal to 35 20 percent or more of the number of votes cast at the last regular municipal election, the 21 local governing body of a municipality shall place upon a separate ballot at the next 22 regular election, or at a special election, whichever local option, change in local option, 23 or removal of local option constitutes the subject of the petition. The local governing 24 body shall conduct the election under the election ordinance of the municipality. 25  (c) Upon receipt of a petition of 35 percent or more of the registered voters 26 residing within an established village, the lieutenant governor shall place upon a 27 separate ballot at a special election the local option, change in local option, or removal 28 of local option that constitutes the subject of the petition. The lieutenant governor 29 shall conduct the election under AS 15. 30  (d) A petition filed with the local governing body of a municipality under (b) 31 of this section, that places on the ballot the option set out in AS 04.11.491(a)(5), 01 constitutes a proposed ordinance of the municipality. 02  (e) AS 29.26.110 - 29.26.160 apply to a petition under (b) of this section in 03 a general law municipality except the 04  (1) number of required signatures is determined under (b) of this 05 section rather than under AS 29.26.130; 06  (2) application filed under AS 29.26.110 must at least contain language 07 substantially similar to the questions set out under AS 04.11.491 - 04.11.495 rather 08 than containing an ordinance or resolution; 09  (3) petition must at least contain language substantially similar to the 10 questions set out under AS 04.11.491 - 04.11.495 rather than material required under 11 AS 29.26.120(a)(1) and (2). 12  (f) Notwithstanding any other provisions of law, an election under (b) or (c) 13 of this section to remove a local option or to change to a less restrictive option than 14 the local option previously adopted under AS 04.11.491 may not be conducted during 15 the first 12 months after the local option was adopted or more than once in a 12-month 16 period. 17  Sec. 04.11.509. NOTICE OF THE RESULTS OF A LOCAL OPTION 18 ELECTION. (a) If a majority of the voters vote to prohibit, change, or remove a 19 local option under AS 04.11.491 - 04.11.495, the clerk of the municipality, or, if the 20 election is in an established village, the lieutenant governor shall notify the board of 21 the results of the election immediately after the results are certified. The board shall 22 immediately notify the Department of Law and the Department of Public Safety of the 23 results of the election. 24  (b) If a majority of the voters vote to prohibit the importation or possession 25 of alcoholic beverages under AS 04.11.491(a)(4) or (5) or (b)(3) or (4), the following 26 actions in addition to those prescribed in (a) of this section shall be taken before the 27 date the prohibition becomes effective: 28  (1) the board shall notify, by certified mail, all package store licensees 29 who sell alcoholic beverages in response to a written solicitation of the local option; 30 and 31  (2) the municipality or established village shall post public notice of 01 the prohibition in a central location in the municipality or village. 02 * Sec. 25. AS 04.11.540 is amended to read: 03  Sec. 04.11.540. LICENSE RENEWAL AND EXPIRATION. Notwithstanding 04 AS 04.11.680, an application for renewal of a license issued for the two calendar years 05 [YEAR] ending December 31 or of a seasonal license issued for parts of those 06 calendar years [A SIX-MONTH PERIOD ENDING IN THE PREVIOUS YEAR] may 07 be submitted up until the next February 28 [, BUT THE AUTHORITY GRANTED 08 UNDER THE LICENSE MAY NOT BE EXERCISED UNTIL THE LICENSE IS 09 RENEWED]. If a complete [THE] application for renewal has [AND APPLICABLE 10 AFFIDAVITS HAVE] not been filed by February 28 or the required fees and the 11 penalty fees have not been paid by that date, the license expires at 12:00 midnight 12 February 28. A new license may not be issued to the holder of an expired license for 13 the same premises except on proof satisfactory to the board of good cause for the 14 failure to file and pay. 15 * Sec. 26. AS 04.11.680(a) is amended to read: 16  (a) Upon application and payment of one-half [ONE-QUARTER] of the 17 biennial fee, the board may issue a seasonal license under this title that will be 18 effective for a continuous six-month period in each of the biennial calendar years. 19 Otherwise, all licenses issued under this title other than a retail stock sale license are 20 effective for the two calendar years ending December 31, unless a shorter period is 21 prescribed by the board or by law. 22 * Sec. 27. AS 04.16.110 is repealed and reenacted to read: 23  Sec. 04.16.110. SALE OF CERTAIN ALCOHOLIC BEVERAGES 24 PROHIBITED. A person may not sell an alcoholic beverage if it 25  (1) is not in liquid form; or 26  (2) contains more than 76 percent alcohol by volume. 27 * Sec. 28. AS 04.16.125(a) is amended to read: 28  (a) A person may not use a common carrier to transport alcoholic beverages 29 into an area that has restricted the sale of alcoholic beverages under 30 AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2) [AS 04.11.490, 04.11.492, OR 31 04.11.500] unless 01  (1) the shipping container holding the alcoholic beverages is clearly 02 labeled as containing alcoholic beverages with letters that contrast in color to the 03 shipping container and that are at least two inches in height; and 04  (2) an itemized invoice showing the quantity and purchase value of 05 distilled spirits, of wine, and of malt [THE ALCOHOLIC] beverages is attached to 06 the outside of the shipping container. 07 * Sec. 29. AS 04.16.125(b) is amended to read: 08  (b) This section does not apply to 09  (1) a person transporting not more than 10  (A) two liters of wine; 11  (B) one gallon of [OR] malt beverages; [,] or 12  (C) [NOT MORE THAN] one liter of distilled spirits; or 13  (2) the transportation of alcoholic beverages for use on premises 14 allowed under AS 04.11.491(a)(2) - (3) or (b)(2) or for use under a permit allowed 15 under AS 04.11.491(a)(2). 16 * Sec. 30. AS 04.16.200(b) is amended to read: 17  (b) A person who violates AS 04.11.010 in an area that has adopted 18 [WHERE THE RESULTS OF] a local option under AS 04.11.491 [ELECTION 19 HAVE, UNDER AS 04.11.490 - 04.11.500, PROHIBITED THE BOARD FROM 20 ISSUING, RENEWING, OR TRANSFERRING ONE OR MORE TYPES OF 21 LICENSES OR PERMITS UNDER THIS TITLE IN THE AREA] is, upon conviction, 22 guilty of a class C felony. 23 * Sec. 31. AS 04.16.200(e) is amended to read: 24  (e) A person who sends, transports, or brings alcoholic beverages into a 25 municipality or established village in violation of AS 04.11.499 [AS 04.11.496] is, 26 upon conviction, 27  (1) guilty of a class A misdemeanor if the quantity imported is less 28 than 12 liters of distilled spirits, 24 liters of wine, or 12 gallons [45 LITERS] of malt 29 beverages; or 30  (2) guilty of a class C felony if the quantity imported is 12 liters or 31 more of distilled spirits, 24 liters or more of wine, or 12 gallons [45 LITERS] or more 01 of malt beverages. 02 * Sec. 32. AS 04.16.205(a) is amended to read: 03  (a) A person who possesses alcoholic beverages in a municipality or 04 established village in violation of AS 04.11.501 [AS 04.11.498] or an ordinance 05 adopted under AS 04.11.501 [AS 04.11.498] may, upon conviction, be punished by a 06 fine not to exceed $1,000. When a peace officer stops or contacts a person concerning 07 a violation of AS 04.11.501 [AS 04.11.498] or an ordinance adopted [ENACTED] 08 under AS 04.11.501 [AS 04.11.498], the peace officer may [, IN THE OFFICER'S 09 DISCRETION,] issue a citation to the person as provided in AS 12.25.180. 10 * Sec. 33. AS 04.16.205(b) is amended to read: 11  (b) A person cited for a violation of AS 04.11.501 [AS 04.11.498] or an 12 ordinance adopted under AS 04.11.501 [AS 04.11.498] for which a bail amount has 13 been established under (c) of this section may, within 30 days after the date the 14 citation is issued. 15  (1) mail or personally deliver to the clerk of the court in which the 16 citation is filed by the peace officer the amount of bail indicated on the citation and 17 a copy of the citation indicating that the right to an appearance is waived, a plea of no 18 contest is entered and the bail and all alcoholic beverages seized are forfeited; or 19  (2) perform community work in lieu of payment of the fine or a portion 20 of the fine as provided in (d) of this section. 21 * Sec. 34. AS 04.16.205(c) is amended to read: 22  (c) The supreme court shall establish by rule or order a schedule of bail 23 amounts that may be forfeited without a court appearance for a violation of 24 AS 04.11.501 [AS 04.11.498] or an ordinance adopted under AS 04.11.501 25 [AS 04.11.498]. In establishing the bail schedule the supreme court may consider the 26 quantity of alcoholic beverages possessed and the number of prior violations of the 27 person cited. Before establishing or amending the schedule of bail amounts required 28 by this subsection, the supreme court shall appoint and consult with an advisory 29 committee consisting of the following seven persons: one superior court judge, one 30 magistrate from each judicial district in the state, a representative of the Department 31 of Law, and a representative of the Public Defender Agency. The maximum bail 01 amount may not exceed $1,000, and the issuing officer shall write on the citation the 02 amount of bail applicable to the violation. 03 * Sec. 35. AS 04.16.205(d) is amended to read: 04  (d) Community work shall be performed at the direction of the local governing 05 body of the municipality or the local governing body of the established village. In the 06 absence of a local governing body for an established village, community work 07 shall be performed at the direction of the body that has traditionally performed 08 public functions on behalf of the entire community. The value of community work 09 in lieu of a fine is $5.00 per hour. When the community work is completed, the 10 person cited for the violation shall mail or personally deliver to the clerk of the court 11 in which the citation is filed by the peace officer 12  (1) a form, prescribed by the administrative director of the Alaska 13 Court System, indicating completion of the community work; and 14  (2) a copy of the citation, indicating that the right to an appearance is 15 waived, a plea of no contest is entered, and that the bail is forfeited or community 16 work has been performed and that all alcoholic beverages seized are forfeited. 17 * Sec. 36. AS 04.16.205(g) is amended to read: 18  (g) Notwithstanding other provisions of law, if a person cited for a violation 19 of AS 04.11.501 [AS 04.11.498] or an ordinance adopted under AS 04.11.501 20 [AS 04.11.498] for which a bail amount has been established under (c) of this section 21 appears in court and is found guilty, the penalty that is imposed for the offense may 22 not exceed the bail amount for that offense established under (c) of this section. 23 * Sec. 37. AS 04.16.205(h) is amended to read: 24  (h) A violation of AS 04.11.501 [AS 04.11.498] or an ordinance adopted under 25 AS 04.11.501 [AS 04.11.498] may not be considered a criminal offense and may not 26 result in imprisonment, nor is a fine imposed for a violation considered criminal 27 punishment. A person cited for a violation does not have a right to a jury trial or 28 court appointed counsel. 29 * Sec. 38. AS 04.16.220(a) is amended to read: 30  (a) The following are subject to forfeiture: 31  (1) alcoholic beverages manufactured, sold, offered for sale or 01 possessed for sale, bartered or exchanged for goods and services in this state in 02 violation of AS 04.11.010; alcoholic beverages possessed, stocked, warehoused, or 03 otherwise stored in violation of AS 04.21.060; alcoholic beverages sold or offered for 04 sale in violation [IN AN AREA WHERE THE RESULTS] of a local option adopted 05 under AS 04.11.491 [ELECTION HAVE, UNDER AS 04.11.490 - 04.11.500, 06 PROHIBITED THE POSSESSION OF ALCOHOLIC BEVERAGES OR 07 PROHIBITED THE BOARD FROM ISSUING, RENEWING, OR TRANSFERRING 08 ONE OR MORE LICENSES OR PERMITS UNDER THIS TITLE IN THE AREA]; 09 alcoholic beverages transported into the state and sold to persons not licensed under 10 this chapter in violation of AS 04.16.170(b); 11  (2) materials and equipment used in the manufacture, sale, offering for 12 sale, possession for sale, barter or exchange of alcoholic beverages for goods and 13 services in this state in violation of AS 04.11.010; materials and equipment used in the 14 stocking, warehousing, or storage of alcoholic beverages in violation of AS 04.21.060; 15 materials and equipment used in the sale or offering for sale of an alcoholic beverage 16 in an area in violation [WHERE THE RESULTS] of a local option under 17 AS 04.11.491 [ELECTION HAVE, UNDER AS 04.11.490 - 04.11.500, PROHIBITED 18 THE BOARD FROM ISSUING, RENEWING, OR TRANSFERRING ONE OR 19 MORE LICENSES OR PERMITS UNDER THIS TITLE IN THE AREA]; 20  (3) aircraft, vehicles, or vessels used to transport, or facilitate the 21 transportation of 22  (A) alcoholic beverages manufactured, sold, offered for sale or 23 possessed for sale, bartered or exchanged for goods and services in this state 24 in violation of AS 04.11.010; 25  (B) property stocked, warehoused, or otherwise stored in 26 violation of AS 04.21.060; 27  (C) alcoholic beverages imported into a municipality or 28 established village in violation of AS 04.11.499 [AS 04.11.496]; 29  (4) alcoholic beverages found on licensed premises that do not bear 30 federal excise stamps if excise stamps are required under federal law; 31  (5) alcoholic beverages, materials or equipment used in violation of 01 AS 04.16.175. 02 * Sec. 39. AS 04.16.220(b) is amended to read: 03  (b) Property subject to forfeiture under this section may be actually or 04 constructively seized under an order issued by the superior court upon a showing of 05 probable cause that the property is subject to forfeiture under this section. Constructive 06 seizure is effected upon posting a signed notice of seizure on the item to be forfeited, 07 stating the violation and the date and place of seizure. Seizure without a court order 08 may be made if 09  (1) the seizure is incident to a valid arrest or search; 10  (2) the property subject to seizure is the subject of a prior judgment in 11 favor of the state; or 12  (3) there is probable cause to believe that the property is subject to 13 forfeiture under (a) of this section; except for alcoholic beverages possessed on 14 violation of AS 04.11.501 [AS 04.11.498] or an ordinance adopted under AS 04.11.501 15 [AS 04.11.498], property seized under this paragraph may not be held over 48 hours 16 or until an order of forfeiture is issued by the court, whichever is earlier. 17 * Sec. 40. AS 04.16.220(d) is amended to read: 18  (d) Property subject to forfeiture under (a) of this section may be forfeited 19  (1) upon conviction of a person for a violation of [UNDER] 20 AS 04.11.010, 04.11.499, [04.11.496(b), OR] AS 04.21.060, or AS 04.11.501 [UPON 21 ENTRY OF JUDGMENT UNDER AS 04.11.498] or an ordinance adopted under 22 AS 04.11.501 [AS 04.11.498]; or 23  (2) upon judgment by the superior court in a proceeding in rem that the 24 property was used in a manner subjecting it to forfeiture under (a) of this section. 25 * Sec. 41. AS 04.16.220(g) is amended to read: 26  (g) It is no defense in an in rem forfeiture proceeding brought under (d)(2) of 27 this section that a criminal proceeding is pending or has resulted in conviction or 28 acquittal of a person charged with violating AS 04.11.010, 04.11.499 [04.11.496(b)], 29 or AS 04.21.060. 30 * Sec. 42. AS 04.21.010(a) is amended to read: 31  (a) A municipality may adopt ordinances governing the importation, barter, 01 sale, and consumption of alcoholic beverages within the municipality and may ban 02 possession of alcoholic beverages under AS 04.11.491(a)(5) [AS 04.11.498(d) OR (e)]. 03 An ordinance adopted under this section may not be inconsistent with this title or 04 regulations adopted under this title. An ordinance that limits the monthly amounts 05 of alcoholic beverages a person may import into a municipality that has adopted 06 a local option under AS 04.11.491(a)(1), (2), or (3) is not inconsistent with this 07 title. 08 * Sec. 43. AS 04.21.010(b) is amended to read: 09  (b) After the adoption of a local option under AS 04.11.491(a), a [IF, AS A 10 RESULT OF AN ELECTION HELD IN ACCORDANCE WITH AS 04.11.502 IN A 11 MUNICIPALITY, THE BOARD IS PROHIBITED FROM ISSUING, RENEWING, 12 OR TRANSFERRING A LICENSE BETWEEN HOLDERS OR LOCATIONS OR IF 13 THE IMPORTATION OF ALCOHOLIC BEVERAGES IS PROHIBITED IN THE 14 MUNICIPALITY, THE] municipality may adopt an ordinance making the sale, [OR] 15 importation, or possession of alcoholic beverages a misdemeanor to the extent 16 prohibited under the local option. The ordinance may not be inconsistent with this 17 title or the regulations adopted under this title. 18 * Sec. 44. AS 04.21.015(b) is amended to read: 19  (b) This section does not apply to AS 04.16.050, 04.16.051, 04.16.080; 20 AS 04.21.010, 04.21.020; alcoholic beverages manufactured in a quantity that exceeds 21 the limit imposed on private manufacture under federal law; or an area that has 22 adopted a local option law under AS 04.11.491 [AS 04.11.490 - 04.11.500]. 23 * Sec. 45. AS 04.21.025(a) is amended to read: 24  (a) As a condition of issuance or renewal of a license and selling alcoholic 25 beverages under a license, the board shall require a licensee who sells or serves 26 alcoholic beverages and a licensee's agents and employees who sell or serve alcoholic 27 beverages to complete an alcohol server education course approved by the board, if the 28 license is for a 29  (1) beverage dispensary; 30  (2) restaurant or eating place; 31  (3) club; 01  (4) package store; 02  (5) [COMMON CARRIER DISPENSARY; 03  (6)] recreational site; 04  (6) [(7)] community; 05  (7) [(8)] pub; 06  (8) [(9)] conditional contractor. 07 * Sec. 46. AS 04.21.025 is amended by adding a new subsection to read: 08  (e) A person licensed as a common carrier dispensary shall train agents and 09 employees who sell or serve alcoholic beverages on provisions of state law regarding 10 sale of alcoholic beverages, including AS 04.16.015, 04.16.020, 04.16.030, 04.16.051, 11 04.16.052, 04.16.120, 04.16.125, AS 04.21.030, and 04.21.050. The training must 12 include the subjects of the effects of alcohol consumption, identifying a drunken 13 person, determining valid identification, intervention to prevent unlawful alcohol 14 consumption, and penalties for unlawful acts by agents and employees of licensees. 15 A common carrier licensee shall, once every three years, provide the board with a 16 description of its training program including the subjects taught, teaching method, and 17 testing required. 18 * Sec. 47. AS 04.21.080(b)(1) is amended to read: 19  (1) "alcoholic beverage" means a spirituous, vinous, malt or other 20 fermented or distilled liquid, whatever the origin, that is intended for human 21 consumption as a beverage and that contains one-half of one percent or more of 22 alcohol by volume, whether produced commercially or privately; however, in an area 23 that has adopted a local option under AS 04.11.491 [LOCAL-OPTION 24 PROHIBITION UNDER AS 04.11.490 - 04.11.500], "alcoholic beverage" means a 25 spirituous, vinous, malt, or other fermented or distilled liquid, whatever the origin, that 26 is intended for human consumption as a beverage by the person who possesses or 27 attempts to possess it and that contains alcohol in any amount if the liquid is 28 produced privately, or that contains one-half of one percent or more of alcohol by 29 volume, if the liquid is produced commercially; 30 * Sec. 48. AS 04.21.080(b)(9) is amended to read: 31  (9) "established village" means an area not containing any part of 01 an incorporated city or another established village, and that is 02  (A) an unincorporated community that is in the unorganized 03 borough and that has 25 or more permanent residents; or 04  (B) an unincorporated community that is in an organized 05 borough, has 25 or more permanent residents, and 06  (i) is on a road system and is located more than 50 07 miles outside the boundary limits of a unified municipality, or 08  (ii) is not on a road system and is located more than 15 09 miles outside the boundary limits of a unified municipality; 10 * Sec. 49. AS 15.07.064(g) is amended to read: 11  (g) In this section, "established village" means an unincorporated 12 community that is in 13  (A) the unorganized borough and that has 25 or more 14 permanent residents; or 15  (B) an organized borough, has 25 or more permanent 16 residents, and 17  (i) is on a road system and is located more than 50 18 miles outside the boundary limits of a unified municipality, or 19  (ii) is not on a road system and is located more than 20 15 miles outside the boundary limits of a unified municipality 21 [HAS THE MEANING GIVEN IN AS 04.21.080]. 22 * Sec. 50. AS 18.65.085(a) is amended to read: 23  (a) There is established in the Department of Public Safety, division of state 24 troopers, a narcotic drugs and alcohol enforcement unit for the purpose of investigating 25 and combating the illicit sale and distribution of narcotic drugs and alcoholic beverages 26 in the state. Enforcement of the alcoholic beverage control laws shall focus primarily 27 on the investigation, apprehension, and conviction of persons who violate 28 AS 04.11.010 by selling, importing, or possessing alcoholic beverages in violation of 29 a local option [AN ORDINANCE] adopted by a municipality or established village 30 under AS 04.11.491 [AS 04.11.490 - 04.11.500]. 31 * Sec. 51. AS 18.65.085(c) is amended to read: 01  (c) The Department of Public Safety may establish and administer a reward 02 program, and provide grants to municipalities, established villages, and, at the request 03 of a municipality or established village, to a nonprofit association that administers a 04 village public safety officer program, for reward programs leading to the apprehension 05 and conviction of persons who violate AS 04.11.010 by selling, importing, or 06 possessing alcoholic beverages in violation of a local option [AN ORDINANCE] 07 adopted by a municipality or established village under AS 04.11.491 [AS 04.11.490 08 - 04.11.500]. 09 * Sec. 52. AS 29.20.270(e) is amended to read: 10  (e) The veto does not extend to an ordinance adopted under AS 04.11.501 11 [AS 04.11.498]. This subsection applies to home rule and general law municipalities. 12 * Sec. 53. AS 29.25.020(d) is amended to read: 13  (d) This section does not apply to an ordinance proposed under 14 AS 04.11.507(d) [AS 04.11.502(c)]. 15 * Sec. 54. AS 29.25.070(d) is amended to read: 16  (d) This section does not apply to an ordinance adopted under AS 04.11.501(c) 17 [AS 04.11.498(d) OR (e)]. 18 * Sec. 55. AS 29.35.080(a) is amended to read: 19  (a) A municipality may regulate the possession, barter, sale, importation, and 20 consumption of alcoholic beverages under AS 04.11.480 - 04.11.509 [IN 21 ACCORDANCE WITH AS 04.11.480 - 04.11.506] and AS 04.21.010. 22 * Sec. 56. AS 47.37.045(e) is amended to read: 23  (e) In this section, 24  (1) "established village" means an unincorporated community that 25 is in 26  (A) the unorganized borough and that has 25 or more 27 permanent residents; or 28  (B) an organized borough, has 25 or more permanent 29 residents, and 30  (i) is on a road system and is located more than 50 31 miles outside the boundary limits of a unified municipality, or 01  (ii) is not on a road system and is located more than 02 15 miles outside the boundary limits of a unified municipality 03 [HAS THE MEANING GIVEN IN AS 04.21.080(b)]; 04  (2) "local governing body" has the meaning given in AS 04.21.080(b); 05  (3) "nonprofit organization" means an organization that qualifies for 06 exemption from taxation under 26 U.S.C. 501(c)(3) or (4) (Internal Revenue Code). 07 * Sec. 57. AS 04.11.190, 04.11.490, 04.11.492, 04.11.496, 04.11.498, 04.11.500, 04.11.502, 08 04.11.504, 04.11.506, and 04.11.510(d) are repealed. 09 * Sec. 58. TRANSITION: LOCAL OPTIONS EARLIER ADOPTED. Notwithstanding 10 the provisions of this Act, local options adopted by an area under AS 04.11.490, 04.11.492, 11 04.11.496, 04.11.498, or 04.11.500 or previous local option laws before the effective date of 12 this section shall continue in effect until changed under AS 04.11.493 or removed under 13 AS 04.11.495. References in this Act to local option elections conducted under AS 04.11.491, 14 04.11.493, 04.11.495, 04.11.497, 04.11.499, 04.11.501, 04.11.503, 04.11.505, and 04.11.507 15 are to be interpreted to include local option elections conducted under AS 04.11.490, 16 04.11.492, 04.11.496, 04.11.498, 04.11.500, or 04.11.502 or previous local option laws in 17 effect before the effective date of this section. 18 * Sec. 59. TRANSITION: COMMUNITY LIQUOR LICENSES. A community liquor 19 license issued under AS 04.11.190 before the effective date of this section to operate a 20 beverage dispensary shall continue as a beverage dispensary license under AS 04.11.090. A 21 community liquor license issued under AS 04.11.190 before the effective date of this section 22 to operate a package store shall continue as a package store license under AS 04.11.150. 23 * Sec. 60. TRANSITION. A person licensed under AS 04.11.160 on the effective date of 24 this section shall submit the information required under AS 04.11.160(f), added by sec. 6 of 25 this Act, by September 30, 1994. 26 * Sec. 61. PROHIBITION ON PURCHASE OF CERTAIN ALCOHOLIC BEVERAGES. 27 Beginning July 1, 1994, and ending June 30, 1995, a person licensed as a wholesaler under 28 AS 04.11.160 may not purchase an alcoholic beverage that contains more than 76 percent 29 alcohol by volume. 30 * Sec. 62. AS 04.16.110(2), enacted in sec. 27 of this Act, takes effect July 1, 1995. 31 * Sec. 63. Except as provided in sec. 62 of this Act, this Act takes effect July 1, 1994.