00                             HOUSE BILL NO. 92                                                                          
01 "An Act relating to sales of alcoholic beverages near a school or church."                                              
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 04.11.100(f) is amended to read:                                                                  
04            (f)  Notwithstanding the provisions of (b) of this section, upon written                                     
05       application and approval of the local governing body, the board may renew a                                       
06       restaurant or eating place license and exempt the licensee from the requirements of (b)                           
07       of this section if the license was issued under the provisions of this subsection before                          
08       October 1, 1996.  The board may not                                                                               
09                 (1)  renew a license as provided under this subsection if                                               
10                      (A)  the renewal would result in more than one exempt                                              
11            restaurant or eating place license for every 10 restaurant or eating place                                   
12            licenses allowed under the provisions of AS 04.11.400(a)(2) or (3);                                          
13                      (B)  the premises would be located in a building having a public                                   
14            entrance within 400 [200] feet of the boundary line of a school or a church                              
15            building in which religious services are being regularly conducted; however, a                           

01            license issued before the effective date of this Act for premises that are                               
02            within 400 feet of but more than 200 feet from a school ground or church                                 
03            building may be renewed notwithstanding this subparagraph; for purposes                                  
04            of this subparagraph, the 400-foot [200-FOOT] prohibition is measured from                               
05            the outer boundary line of the school or the public entrance of the church                                   
06            building by the shortest pedestrian route to the nearest public entrance of the                              
07            restaurant or eating place; or                                                                               
08                 (2)  transfer an exempt license issued under this subsection to another                                 
09       person.                                                                                                           
10    * Sec. 2.  AS 04.11.410 is amended to read:                                                                        
11            Sec. 04.11.410.  Restriction of location near churches and schools.  (a)  A                                
12       beverage dispensary or package store license may not be issued and the location of an                             
13       existing license may not be transferred if the licensed premises would be located in a                            
14       building the public entrance of which is within 400 [200] feet of a school ground or a                        
15       church building in which religious services are regularly conducted, measured by the                              
16       shortest pedestrian route from the outer boundaries of the school ground or the public                            
17       entrance of the church building.  However, a license issued before the presence of                                
18       either cause of restriction within 400 [200] feet of the licensed premises may be                             
19       renewed or transferred to a person notwithstanding this subsection.                                               
20            (b)  If a beverage dispensary or package store license for premises located                                  
21       within 400 [200] feet of a school ground or church building in which religious services                       
22       are regularly conducted is revoked, expires, or is transferred to another location, a                             
23       beverage dispensary or package store license may not be issued or transferred to the                              
24       formerly licensed premises until the cessation of either cause of restriction.