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HB 253: "An Act relating to the purchase of authentic Native handicrafts on certain licensed premises; and providing for an effective date."

00 HOUSE BILL NO. 253                                                                                                      
01 "An Act relating to the purchase of authentic Native handicrafts on certain                                             
02 licensed premises; and providing for an effective date."                                                                
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 04.16 is amended by adding a new section to read:                                                   
05  Sec. 04.16.095.  PURCHASE OF HANDICRAFTS ON LICENSED                                                                  
06 PREMISES.  (a)  A person may not offer to purchase or purchase authentic Native                                         
07 handicrafts if the offer or purchase is made on premises that are licensed to sell                                      
08 alcoholic beverages under AS 04.11.090.  In this subsection, "authentic Native                                          
09 handicraft" has the meaning given in AS 45.65.070.                                                                      
10  (b)  An individual who violates (a) of this section is subject to                                                     
11   (1)  a fine of $300 and up to 90 days in jail for the first offense; and                                             
12   (2)  a fine of $600 and up to one year in jail for each offense after the                                            
13 first offense.                                                                                                          
14  (c)  A person who is not an individual and who violates (a) of this section is                                        
01 subject to a fine of $1,000 for the first offense and $2,000 for each offense after the                                 
02 first offense.                                                                                                          
03  (d)  In addition to the penalties under (b) - (c) of this section, and                                                
04 notwithstanding AS 04.11.370, the board shall suspend a license issued under                                            
05 AS 04.11.090 for 45 days for a first violation of (a) of this section and shall revoke                                  
06 the license for a second violation of (a) of this section if                                                            
07   (1)  the licensee violates (a) of this section on the licensed premises; or                                          
08   (2)  a person who is employed to work on the licensed premises violates                                              
09 (a) of this section while working on the licensed premises.                                                             
10  (e)  This section does not apply to offers to purchase or purchases made in                                           
11 arenas or convention centers owned by the state or a political subdivision of the state.                                
12    * Sec. 2.  AS 04.16.180(a) is amended to read:                                                                       
13  (a)  Except as provided in AS 04.11.015, AS 04.16.051, 04.16.095, 04.16.200 -                                       
14 04.16.210, and AS 04.21.065, a person who violates a provision of this title or a                                       
15 regulation adopted by the board is guilty, upon conviction, of a class A misdemeanor.                                   
16 Each violation is a separate offense.                                                                                   
17    * Sec. 3.  AS 04.21.065 is amended by adding a new subsection to read:                                               
18  (m)  A licensee under AS 04.11.090, who is subject to the prohibition in                                              
19 AS 04.16.095(a), shall post on the licensed premises a warning sign that reads                                          
20 "WARNING:  THE PURCHASE OF AUTHENTIC NATIVE HANDICRAFTS IS                                                              
21 PROHIBITED BY LAW ON THESE PREMISES.  A person who violates this                                                        
22 prohibition is subject to criminal penalties.  A violation may result in the suspension                                 
23 or revocation of this establishment's liquor license."  The warning sign must be at least                               
24 11 inches by 14 inches, and the lettering must be at least one-half inch high and in a                                  
25 color that contrasts with the background of the sign.  The licensee shall display the                                   
26 sign in a conspicuous manner.                                                                                           
27    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).