00 CS FOR HOUSE BILL NO. 240(JUD) 01 "An Act relating to brewery and brewpub licensing and to free samples of beer and 02 wine provided by beverage dispensary licensees, wholesale licensees, and wholesale malt 03 beverage and wine licensees." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 04.11.090 is amended by adding a new subsection to read: 06 (h) Unless prohibited by AS 04.16.030, a holder of a beverage dispensary 07 license may provide a small sample of beer or wine free of charge to a customer on the 08 licensed premises. 09  * Sec. 2. AS 04.11.130(b) is amended to read: 10 (b) The holder of a brewery license may sell beer in quantities of 11 (1) not more [LESS] than five gallons a day to an individual who is 12 present on the licensed premises for consumption off the premises; 13 (2) more than five gallons a day to a person who is licensed under this 14 title, or in another state or country. 01  * Sec. 3. AS 04.11.130 is amended by adding a new subsection to read: 02 (e) Unless prohibited by AS 04.16.030, a holder of a brewery license may sell 03 not more than 36 ounces a day of the brewery's product to a person for consumption 04 on the premises if 05 (1) the brewery does not allow live entertainment, televisions, pool 06 tables, or dart games in the room where the consumption occurs; 07 (2) the brewery does not provide seats at the counter or bar where the 08 product is served; and 09 (3) the room where the consumption occurs is not open before 9:00 10 a.m. and serving of the product ends not later than 8:00 p.m. [OR AFTER 11:00 11 p.m.] 12  * Sec. 4. 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 465,000 [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 a [PER] day to an 23 individual who is present on the licensed premises for consumption off the 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 37,200 gallons in a calendar year, including  29 sales under (6) of this subsection; and  30 (6) sell not more than 6,200 gallons in a calendar year of beer  31 manufactured on the premises to a person who is licensed under this title, or in  01 another state or country, if the premises licensed under the beverage dispensary  02 license are located in a community with a population of 75,000 or more [15,000 03 GALLONS OR THE AMOUNT SOLD UNDER THIS PARAGRAPH IN 04 CALENDAR YEAR 2001, PLUS 10 PERCENT, WHICHEVER AMOUNT IS 05 GREATER]. 06  * Sec. 5. AS 04.11.135(d) is amended to read: 07 (d) Notwithstanding (a) of this section, the holder of a brewpub license who, 08 under the provisions of AS 04.11.450(b), formerly held a brewery license and a 09 restaurant or eating place license and who, under the former brewery license, 10 manufactured beer at a location other than the premises licensed under the former 11 restaurant or eating place license may 12 (1) manufacture not more than 465,000 [150,000] gallons of beer in a 13 calendar year on premises other than the premises licensed under the beverage 14 dispensary license; 15 (2) provide a small sample of the manufactured beer free of charge at 16 the location the beer is manufactured unless prohibited by AS 04.16.030; and 17 (3) sell the beer authorized to be manufactured under this subsection 18 (A) on the premises licensed under the beverage dispensary 19 license or other licensed premises of the beverage dispensary licensee that are 20 also licensed as a beverage dispensary; 21 (B) to a wholesaler licensed under AS 04.11.160; sales under 22 this subparagraph may not exceed 37,200 gallons in a calendar year,  23 including sales under (D) of this paragraph; [15,000 GALLONS OR THE 24 AMOUNT SOLD UNDER THIS SUBPARAGRAPH IN CALENDAR YEAR 25 2001, PLUS 10 PERCENT, WHICHEVER AMOUNT IS GREATER; OR] 26 (C) to an individual who is present on the premises described 27 under (A) of this paragraph, or where the beer is manufactured, in quantities of 28 not more than five gallons a [PER] day for consumption off the premises;  29 and  30 (D) to a person licensed under this title, or in another state  31 or country, if the premises where the beer is manufactured are located in  01 a community with a population of 75,000 or more; sales under this  02 subparagraph may not exceed 6,200 gallons in a calendar year. 03  * Sec. 6. AS 04.11.135(e) is amended to read: 04 (e) Notwithstanding (a) of this section, a brewpub license authorizes the 05 holder of a restaurant or eating place license to (1) manufacture on premises licensed 06 under the restaurant or eating place license not more than 465,000 [150,000] gallons of 07 beer in a calendar year; (2) sell beer manufactured on premises licensed under the 08 restaurant or eating place license for consumption on the licensed premises; (3) sell 09 beer manufactured on the premises licensed under the restaurant or eating place 10 license in quantities of not more than five gallons a [PER] day for consumption off  11 the premises to an individual who is present on the licensed premises; and (4) provide 12 a small sample of the brewpub's beer manufactured on the premises free of charge 13 unless prohibited by AS 04.16.030. A person who holds a brewpub license under this 14 subsection may not hold more than one brewpub license. 15  * Sec. 7. AS 04.11.160 is amended by adding a new subsection to read: 16 (h) Unless prohibited by AS 04.16.030, a holder of a wholesale license or a 17 wholesale malt beverage and wine license may provide a small sample of beer or wine 18 free of charge to a customer on the licensed premises of a beverage dispensary 19 licensee.