00 SENATE CS FOR CS FOR HOUSE BILL NO. 15(FIN) 01 "An Act relating to brewpub licenses; relating to outdoor recreation lodge alcoholic 02 beverage licenses; relating to transfer of certain beverage dispensary licenses issued 03 before June 6, 1985; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 04.11.080 is amended by adding a new paragraph to read: 06 (21) outdoor recreation lodge license. 07  * Sec. 2. AS 04.11.135(a) is amended to read: 08 (a) A brewpub license authorizes the holder of a beverage dispensary license 09 to 10 (1) manufacture on premises licensed under the beverage dispensary 11 license not more than 150,000 gallons of beer in a calendar year; 12 (2) sell beer manufactured on premises licensed under the beverage 13 dispensary license for consumption on the licensed premises or other licensed 14 premises of the beverage dispensary licensee that are also licensed as a beverage 01 dispensary; 02 (3) sell beer manufactured on the premises licensed under the beverage 03 dispensary license in quantities of not more than five gallons per day to an individual 04 who is present on the licensed premises; 05 (4) provide a small sample of the brewpub's beer manufactured on the 06 premises free of charge unless prohibited by AS 04.16.030; and 07 (5) sell beer manufactured on the premises licensed under the beverage 08 dispensary license to a person licensed as a wholesaler under AS 04.11.160 [; SALES 09 UNDER THIS PARAGRAPH MAY NOT EXCEED 15,000 GALLONS OR THE 10 AMOUNT SOLD UNDER THIS PARAGRAPH IN CALENDAR YEAR 2001, 11 PLUS 10 PERCENT, WHICHEVER AMOUNT IS GREATER]. 12  * Sec. 3. AS 04.11.135(a) is amended to read: 13 (a) A brewpub license authorizes the holder of a beverage dispensary license 14 to 15 (1) manufacture on premises licensed under the beverage dispensary 16 license not more than 150,000 gallons of beer in a calendar year; 17 (2) sell beer manufactured on premises licensed under the beverage 18 dispensary license for consumption on the licensed premises or other licensed 19 premises of the beverage dispensary licensee that are also licensed as a beverage 20 dispensary; 21 (3) sell beer manufactured on the premises licensed under the beverage 22 dispensary license in quantities of not more than five gallons per day to an individual 23 who is present on the licensed premises; 24 (4) provide a small sample of the brewpub's beer manufactured on the 25 premises free of charge unless prohibited by AS 04.16.030; and 26 (5) sell beer manufactured on the premises licensed under the beverage 27 dispensary license to a person licensed as a wholesaler under AS 04.11.160; sales  28 under this paragraph may not exceed 15,000 gallons or the amount sold under  29 this paragraph in calendar year 2001, plus 10 percent, whichever amount is  30 greater. 31  * Sec. 4. AS 04.11.135(d) is amended to read: 01 (d) Notwithstanding (a) of this section, the holder of a brewpub license who, 02 under the provisions of AS 04.11.450(b), formerly held a brewery license and a 03 restaurant or eating place license and who, under the former brewery license, 04 manufactured beer at a location other than the premises licensed under the former 05 restaurant or eating place license may 06 (1) manufacture not more than 150,000 gallons of beer in a calendar 07 year on premises other than the premises licensed under the beverage dispensary 08 license; 09 (2) provide a small sample of the manufactured beer free of charge at 10 the location the beer is manufactured unless prohibited by AS 04.16.030; and 11 (3) sell the beer authorized to be manufactured under this subsection 12 (A) on the premises licensed under the beverage dispensary 13 license or other licensed premises of the beverage dispensary licensee that are 14 also licensed as a beverage dispensary; 15 (B) to a wholesaler licensed under AS 04.11.160; [SALES 16 UNDER THIS SUBPARAGRAPH MAY NOT EXCEED 15,000 GALLONS 17 OR THE AMOUNT SOLD UNDER THIS SUBPARAGRAPH IN 18 CALENDAR YEAR 2001, PLUS 10 PERCENT, WHICHEVER AMOUNT 19 IS GREATER;] or 20 (C) to an individual who is present on the premises described 21 under (A) of this paragraph, or where the beer is manufactured, in quantities of 22 not more than five gallons per day. 23  * Sec. 5. AS 04.11.135(d) is amended to read: 24 (d) Notwithstanding (a) of this section, the holder of a brewpub license who, 25 under the provisions of AS 04.11.450(b), formerly held a brewery license and a 26 restaurant or eating place license and who, under the former brewery license, 27 manufactured beer at a location other than the premises licensed under the former 28 restaurant or eating place license may 29 (1) manufacture not more than 150,000 gallons of beer in a calendar 30 year on premises other than the premises licensed under the beverage dispensary 31 license; 01 (2) provide a small sample of the manufactured beer free of charge at 02 the location the beer is manufactured unless prohibited by AS 04.16.030; and 03 (3) sell the beer authorized to be manufactured under this subsection 04 (A) on the premises licensed under the beverage dispensary 05 license or other licensed premises of the beverage dispensary licensee that are 06 also licensed as a beverage dispensary; 07 (B) to a wholesaler licensed under AS 04.11.160; sales under  08 this subparagraph may not exceed 15,000 gallons or the amount sold  09 under this subparagraph in calendar year 2001, plus 10 percent,  10 whichever amount is greater; or 11 (C) to an individual who is present on the premises described 12 under (A) of this paragraph, or where the beer is manufactured, in quantities of 13 not more than five gallons per day. 14  * Sec. 6. AS 04.11 is amended by adding a new section to read: 15 Sec. 04.11.225. Outdoor recreation lodge license. (a) An outdoor recreation 16 lodge license authorizes the holder to sell alcoholic beverages to a registered overnight 17 guest or off-duty staff of the lodge for consumption on the licensed premises or in 18 conjunction with purchased outdoor recreation activities provided by the licensee. An 19 outdoor recreation lodge license may not be transferred. 20 (b) The biennial fee for an outdoor recreation lodge license is $1,250. 21 (c) In this section, "outdoor recreation lodge" means a licensed business that 22 provides overnight accommodations and meals, is primarily involved in offering 23 opportunities for persons to engage in outdoor recreation activities, and has a 24 minimum of two guest rooms. 25  * Sec. 7. AS 04.11.360 is amended to read: 26 Sec. 04.11.360. Denial of transfer of a license to another person. An 27 application requesting approval of a transfer of a license to another person under this 28 title shall be denied if 29 (1) the board finds, after review of all relevant information, that 30 transfer of a license to another person would not be in the best interests of the public; 31 (2) the application has not been completed in accordance with 01 AS 04.11.280; 02 (3) the application contains false statements of material fact; 03 (4) the transferor has not paid all debts or taxes arising from the 04 conduct of the business licensed under this title unless 05 (A) the transferor gives security for the payment of the debts or 06 taxes satisfactory to the creditor or taxing authority; or 07 (B) the transfer is under [PURSUANT TO] a promise given as 08 collateral by the transferor to the transferee in the course of an earlier transfer 09 of the license under which promise the transferor is obliged to transfer the 10 license back to the transferee in the event of default in payment for property 11 conveyed as part of the earlier transfer of the license; 12 (5) transfer of the license to another person would result in violation of 13 the provisions of this title relating to identity of licensees and financing of licensees; 14 (6) transfer of the license to another person would violate the 15 restrictions pertaining to the particular license under this title; 16 (7) transfer of the license to another person is prohibited under the 17 provisions of this title as a result of an election conducted under AS 04.11.507; 18 (8) the prospective transferee does not have the qualifications required 19 under this title of an original applicant; 20 (9) the license was issued under AS 04.11.100(f) or 04.11.400(g); 21 however, this paragraph does not apply to a beverage dispensary license issued  22 before June 6, 1985, under former AS 04.11.400(j) if the transfer does not involve  23 a change in location; or 24 (10) the license was issued under AS 04.11.135, unless the transferor is 25 also applying to transfer the beverage dispensary license required under AS 04.11.135 26 to the same transferee. 27  * Sec. 8. AS 04.11.400(a) is amended to read: 28 (a) Except as provided in (d) - (h), [AND] (k), and (m) of this section, a new 29 license may not be issued and the board may prohibit relocation of an existing license 30 (1) outside an established village, incorporated city, unified 31 municipality, or organized borough if after the issuance or relocation there would be 01 (A) more than one restaurant or eating place license for each 1,500 population or 02 fraction of that population, or (B) more than one license of each other type, including 03 licenses that have been issued under (d) or (e) of this section, for each 3,000 04 population or fraction of that population, in a radius of five miles of the licensed 05 premises, excluding the populations of established villages, incorporated cities, unified 06 municipalities, and organized boroughs that are wholly or partly included within the 07 radius; 08 (2) inside an established village, incorporated city, or unified 09 municipality if after the issuance or relocation there would be inside the established 10 village, incorporated city, or unified municipality 11 (A) more than one restaurant or eating place license for each 12 1,500 population or fraction of that population; or 13 (B) more than one license of each other type, including licenses 14 that have been issued under (d) or (e) of this section, for each 3,000 population 15 or fraction of that population; 16 (3) inside an organized borough but outside an established village or 17 incorporated city located within the borough, if after the issuance or relocation there 18 would be inside the borough, but outside the established villages and incorporated 19 cities located within the borough, 20 (A) more than one restaurant or eating place license for each 21 1,500 population or fraction of that population; or 22 (B) more than one license of each other type, including licenses 23 that have been issued under (d) or (e) of this section, for each 3,000 population 24 or fraction of that population excluding the population of those established 25 villages that have adopted a local option under AS 04.11.491(b)(1), (3), or (4), 26 and excluding the population of incorporated cities located within the 27 organized borough. 28  * Sec. 9. AS 04.11.400 is amended by adding a new subsection to read: 29 (m) The board may approve the issuance of a outdoor recreation lodge license 30 without regard to (a) of this section if it appears that the issuance will encourage the 31 tourist trade by encouraging the construction or improvement of a business relating to 01 the tourist trade and the business meets the requirements for issuance of the license 02 under AS 04.11.225. 03  * Sec. 10.  Sections 1 and 6 - 9 of this Act take effect immediately under AS 01.10.070(c). 04  * Sec. 11. Sections 2 and 4 of this Act take effect July 1, 2005. 05  * Sec. 12. Sections 3 and 5 of this Act take effect December 31, 2005.