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CSHB 28(JUD) AM: "An Act relating to the penalty for providing alcoholic beverages to a person under the age of 21; and providing for an effective date."

00CS FOR HOUSE BILL NO. 28(JUD) am 01 "An Act relating to the penalty for providing alcoholic beverages to a person 02 under the age of 21; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 04.16.051 is amended by adding a new subsection to read: 05  (d) A person acting with criminal negligence who violates this section is guilty 06 of a class C felony if, within the five years preceding the violation, the person has 07 been previously convicted under 08  (1) this section; or 09  (2) a law or ordinance of this or another jurisdiction with elements 10 substantially similar to this section. 11 * Sec. 2. AS 04.16.180(a) is amended to read: 12  (a) Except as provided in AS 04.11.015, AS 04.16.051, 04.16.200 - 04.16.210 13 [AS 04.16.200 - 04.16.210], and AS 04.21.065, a person who violates a provision of 14 this title or a regulation adopted by the board is guilty, upon conviction, of a class A

01 misdemeanor. Each violation is a separate offense. 02 * Sec. 3. AS 04.21.065(a) is amended to read: 03  (a) A holder of one of the following types of licenses or permits shall post on 04 the licensed or designated premises two separate [A] warning [SIGN OR] signs as 05 described in (b) of this section: 06  (1) beverage dispensary license; 07  (2) restaurant or eating place license; 08  (3) club license; 09  (4) brewery license; this paragraph applies only to a brewery that 10 permits a person to sample portions of the brewery's product; 11  (5) package store license; 12  (6) common carrier dispensary license; 13  (7) recreational site license; 14  (8) community liquor license; 15  (9) pub license; 16  (10) winery license; this paragraph applies only to a winery that permits 17 a person to sample portions of the winery's product; 18  (11) caterer's permit; 19  (12) special events permit; 20  (13) conditional contractor's permit; 21  (14) another license or permit issued by the board authorizing 22 consumption of alcoholic beverages. 23 * Sec. 4. AS 04.21.065(b) is amended to read: 24  (b) The [A] warning signs [SIGN] required by (a) of this section must be at 25 least 11 inches by 14 inches and the lettering must be at least one-half inch high 26 and in contrasting colors. The first sign must read, [IN LETTERING AT LEAST 27 ONE-HALF INCH HIGH AND IN CONTRASTING COLORS,] "WARNING: 28 Drinking alcoholic beverages such as beer, wine, wine coolers, and distilled spirits or 29 smoking cigarettes during pregnancy can cause birth defects." The second sign must 30 read, "WARNING: A person who provides alcoholic beverages to a person under 31 21 years of age, if convicted under AS 04.16.051, could be imprisoned for up to

01 five years and fined up to $50,000." The license or permit holder shall display the 02 signs in a manner that would make them conspicuous to a person who will be 03 purchasing or consuming alcoholic beverages or smoking cigarettes on the licensed or 04 designated premises. 05 * Sec. 5. This Act takes effect July 1, 1994.