CSHB 132(FIN): "An Act relating to the possession, distribution, importation, and transportation of alcohol in a local option area; requiring liquor license applicants to submit fingerprints for the purpose of conducting a criminal history background check, and relating to the use of criminal justice information by the Alcoholic Beverage Control Board; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 132(FIN) 01 "An Act relating to the possession, distribution, importation, and transportation of 02 alcohol in a local option area; requiring liquor license applicants to submit fingerprints 03 for the purpose of conducting a criminal history background check, and relating to the 04 use of criminal justice information by the Alcoholic Beverage Control Board; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 04.11.010(c) is amended to read: 08 (c) In a criminal prosecution for possession of alcoholic beverages for sale in 09 violation of (a) of this section, the fact that a person possessed more than six  liters 10 of distilled spirits, 24 liters or more of wine, or 12 gallons or more of malt beverages 11 in an area where the sale of alcoholic beverages is restricted or prohibited under 12 AS 04.11.491 creates a presumption that the person possessed the alcoholic beverages 13 for sale.
01 * Sec. 2. AS 04.11.150(g) is amended to read: 02 (g) If a shipment is to an area that has restricted the sale of alcoholic 03 beverages under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), a package store 04 licensee, agent, or employee may not ship to a purchaser more than six  liters of 05 distilled spirits, 24 liters or more of wine, or 12 gallons or more of malt beverages in a 06 calendar month. 07 * Sec. 3. AS 04.11 is amended by adding a new section to read: 08 Sec. 04.11.295. Criminal justice information and records. (a) An 09 applicant for the issuance or transfer of a license under this title shall submit to the 10 board, with the application, the applicant's fingerprints and the fees required by the 11 Department of Public Safety for criminal justice information and a national criminal 12 history record check. The board may require an applicant for renewal of a license 13 under this title to submit fingerprints and pay fees as required by this subsection. The 14 board shall submit the fingerprints to the Department of Public Safety to obtain a 15 report of criminal justice information under AS 12.62 and a national criminal history 16 record check. The Department of Public Safety may submit the fingerprints to the 17 Federal Bureau of Investigation for a national criminal history record check. The 18 board shall use the information obtained under this section in its determination of an 19 applicant's qualification for issuance, transfer, or renewal of a license. 20 (b) In this section, 21 (1) "applicant" means all individuals whose names and addresses are 22 required to be provided with an application for a new license under AS 04.11.260; 23 (2) "criminal justice information" has the meaning given in 24 AS 12.62.900. 25 * Sec. 4. AS 04.11.491(f) is amended to read: 26 (f) If a [A] municipality or established village [THAT] has adopted a local 27 option under (a)(1), (2), or (3) or (b)(1) or (2) of this section, the state, municipality, 28 or established village may designate a site for the delivery of alcoholic beverages to 29 individuals in the area or a site for a person to bring alcoholic beverages if the 30 alcoholic beverages are imported into the area. This subsection does not apply to the 31 delivery or importation of
01 (1) one liter or less of distilled spirits, two liters or less of wine, or one 02 gallon or less of malt beverages; or 03 (2) alcoholic beverages to a premises licensed under (a)(2) - (3) or 04 (b)(2) of this section. 05 * Sec. 5. AS 04.11.491(f) is repealed and reenacted to read: 06 (f) A municipality or established village that has adopted a local option under 07 (a)(1), (2), or (3) or (b)(1) or (2) of this section may designate a site for the delivery of 08 alcoholic beverages to individuals in the area or a site for a person to bring alcoholic 09 beverages if the alcoholic beverages are imported into the area. This subsection does 10 not apply to the delivery or importation of 11 (1) one liter or less of distilled spirits, two liters or less of wine, or one 12 gallon or less of malt beverages; or 13 (2) alcoholic beverages to a premises licensed under (a)(2) - (3) or 14 (b)(2) of this section. 15 * Sec. 6. AS 04.11 is amended by adding a new section to read: 16 Sec. 04.11.494. Operation of delivery sites. (a) If a site has been designated 17 under AS 04.11.491(f), except as permitted under AS 04.11.491(f)(1) and (2), 18 (1) alcoholic beverages brought, sent, or transported to an area by a 19 package store or by a person must be sent shipping prepaid and must be addressed to 20 the delivery site; 21 (2) a person or common carrier with possession of alcoholic beverages, 22 upon importation into the area, including alcoholic beverages transported as checked 23 baggage accompanying a traveler, must deliver the alcoholic beverages to the delivery 24 site upon arrival if the delivery site is open or must keep the alcoholic beverages in 25 secure storage until the earliest time the delivery site is next open; the delivery must be 26 made without opening the package containing the alcoholic beverages; alcoholic 27 beverages transported as checked baggage accompanying a traveler may not be 28 released to the traveler before being delivered to the delivery site; 29 (3) a person who cannot lawfully receive alcoholic beverages from the 30 delivery site may not solicit another to bring, send, or transport alcoholic beverages to 31 an area for the solicitor's use;
01 (4) a person may not bring, send, or transport alcoholic beverages to an 02 area upon the solicitation of or with the understanding that the alcoholic beverages are 03 for the use of another person who cannot lawfully receive alcoholic beverages from 04 the delivery site; and 05 (5) alcoholic beverages may not be released from the delivery site 06 except by the operator of the site or an authorized employee or agent of the operator. 07 (b) The operator of a site designated under AS 04.11.491(f) and employees 08 and agents of the operator 09 (1) may not release alcoholic beverages if the package holding the 10 alcoholic beverages is not clearly labeled with the name of the intended recipient or if 11 the package displays the names of more than one recipient; 12 (2) may not release alcoholic beverages without first determining the 13 identity of the recipient by checking a government-issued identification card 14 containing the person's photograph or establishing another means of positive 15 identification; 16 (3) may not release alcoholic beverages if the recipient is different than 17 the person whose name appears on the container as the recipient; 18 (4) may not release alcoholic beverages if the amount released to a 19 recipient in one calendar month is more than a package store is permitted to ship to a 20 purchaser in one calendar month under AS 04.11.150(g) or more than the amount a 21 person may import in one calendar month under a municipal ordinance enacted under 22 AS 04.21.010(a), whichever is less; 23 (5) may not release alcoholic beverages if the alcoholic beverage or its 24 container violates AS 04.16.100, 04.16.110 or a municipal ordinance enacted under 25 AS 04.21.010(a); 26 (6) may not open packages delivered to the site to inspect the contents 27 unless permitted to do so by a search warrant or unless the recipient gives written 28 consent to the opening and inspection; 29 (7) unless the shipper is a licensed package store and the shipping 30 container complies with AS 04.16.125, may not release alcoholic beverages until the 31 alcoholic beverages have been inspected to determine if release would be lawful under
01 this subsection; 02 (8) may not release alcoholic beverages until the recipient has paid all 03 applicable taxes and administrative fees authorized under this section; 04 (9) may not release alcoholic beverages to a recipient and may not 05 employ or otherwise use a person in the operation of the delivery site to handle or 06 secure alcoholic beverages if the person 07 (A) is under the influence of an alcoholic beverage, controlled 08 substance, or inhalant; 09 (B) is under a court order or a condition of bail, probation, or 10 parole that prohibits the person from consuming or possessing alcoholic 11 beverages; 12 (C) is under 21 years of age; or 13 (D) is disqualified due to the person's criminal record under (e) 14 of this section; 15 (10) may return alcoholic beverages to the sender or to the point of 16 shipment at the expense of the recipient if alcoholic beverages cannot be lawfully 17 released under this subsection; 18 (11) may destroy alcoholic beverages 19 (A) that cannot be lawfully released under this subsection if the 20 recipient elects not to pay for the return of the alcoholic beverages under (10) 21 of this subsection; or 22 (B) that have not been released within the time period 23 established by regulations adopted under this section; 24 (12) may establish a voluntary and confidential registration system so 25 as to expedite processing by allowing recipients to be authorized in advance to receive 26 alcoholic beverages; 27 (13) shall immediately report violations of a provision of this title or a 28 regulation adopted under this title to the Alaska state troopers; 29 (14) shall maintain records concerning recipients and alcoholic 30 beverages delivered to and released by the delivery site in a manner and for a period of 31 time established under regulations adopted under this section, and shall make the
01 records made available for inspection by the Alaska state troopers and the board at 02 reasonable times; and 03 (15) may charge reasonable fees to recipients for registration or for the 04 release of alcoholic beverages under regulations adopted under this section. 05 (c) Except as provided in (b)(14) of this section, records of recipients and 06 alcoholic beverages delivered to and released by the site are confidential and not 07 subject to disclosure except as required by a court order. 08 (d) The board shall adopt regulations to implement this section, including 09 hours of operation, requirements for security and recordkeeping, procedures for 10 delivery, release, processing, and destruction of alcoholic beverages, and 11 administrative fees. 12 (e) A person is disqualified as described under (b)(9) of this section due to the 13 person's criminal record if less than 14 (1) two years has elapsed from the person's unconditional discharge 15 due to a conviction or adjudication as a delinquent for any of the following offenses or 16 a law or ordinance from another jurisdiction with similar elements: 17 (A) driving while intoxicated under AS 28.35.030 or refusal to 18 submit to a chemical test under AS 28.35.032; or 19 (B) a crime involving domestic violence as that term is defined 20 under AS 18.66.990 or violating a protective order under AS 11.56.740; 21 (2) five years has elapsed from the person's unconditional discharge 22 due to a conviction or adjudication as a delinquent for any of the following offenses or 23 a law or ordinance from another jurisdiction with similar elements: 24 (A) a felony violation or a felony attempt to commit a violation 25 of AS 11.41; or 26 (B) a misdemeanor violation of or a misdemeanor attempt to 27 violate a provision in this title; or 28 (3) 10 years has elapsed from the person's unconditional discharge due 29 to a conviction or adjudication as a delinquent for a felony violation or a felony 30 attempt to violate a provision of this title or a law or ordinance from another 31 jurisdiction with similar elements.
01 (f) In this section, 02 (1) "area" means a municipality or established village that has adopted 03 a local option under AS 04.11.491(a)(1), (2) or (3) or (b)(1) or (2); 04 (2) "bring" has the meaning given in AS 04.11.499; 05 (3) "controlled substance" has the meaning given in AS 11.71.900; 06 (4) "import" means to send, bring, or transport; 07 (5) "inhalant" has the meaning given to "hazardous volatile material or 08 substance" in AS 47.37.270; 09 (6) "recipient" means a person entitled to receive or attempting to 10 receive alcoholic beverages from a delivery site; 11 (7) "send" has the meaning given in AS 04.11.499; 12 (8) "transport" has the meaning given in AS 04.11.499; 13 (9) "unconditional discharge" has the meaning given in AS 12.55.185. 14 * Sec. 7. AS 04.11.499 is amended to read: 15 Sec. 04.11.499. Prohibition of importation after election. If a majority of 16 the voters vote to prohibit the importation of alcoholic beverages under 17 AS 04.11.491(a)(4) or (5) or (b)(3) or (4), a person, beginning on the first day of the 18 month following certification of the results of the election, may not knowingly send, 19 transport, or bring an alcoholic beverage into the municipality or established village, 20 unless the alcoholic beverage is sacramental wine to be used for bona fide religious 21 purposes based on tenets or teachings of a church or religious body, is limited in 22 quantity to the amount necessary for religious purposes, and is dispensed only for 23 religious purposes by a person authorized by the church or religious body to dispense 24 the sacramental wine. In this section, 25 (1) "bring" means to carry or convey or to attempt or solicit to 26 carry or convey; 27 (2) "send" means to cause to be taken or distributed or to attempt 28 or solicit to cause to be taken or distributed, and includes use of the United States 29 Post Office; 30 (3) "transport" means to ship by any method, and includes 31 delivering or transferring or attempting or soliciting to deliver or transfer an
01 alcoholic beverage to be shipped to, delivered to, or left or held for pick up by 02 any person. 03 * Sec. 8. AS 04.16.125(c) is amended to read: 04 (c) In this section, 05 (1) "common carrier" means a motor vehicle, watercraft, aircraft, or 06 railroad car available for public hire to transport freight or passengers; 07 (2) "transport" has the meaning given in AS 04.11.499. 08 * Sec. 9. AS 04.16.200(e) is amended to read: 09 (e) A person who sends, transports, or brings alcoholic beverages into a 10 municipality or established village in violation of AS 04.11.499 is, upon conviction, 11 (1) guilty of a class A misdemeanor if the quantity of alcoholic 12 beverages [IMPORTED] is less than six  liters of distilled spirits, 24 liters of 13 wine, or 12 gallons of malt beverages; or 14 (2) guilty of a class C felony if the quantity of alcoholic beverages 15 [IMPORTED] is six  liters or more of distilled spirits, 24 liters or more of wine, or 16 12 gallons or more of malt beverages. 17 * Sec. 10. AS 04.11.494, enacted by sec. 6 of this Act, is repealed July 1, 2004. 18 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 TRANSITION: PENDING APPLICATIONS. Notwithstanding the requirements of 21 AS 04.11.295, enacted by sec. 3 of this Act, the Alcoholic Beverage Control Board may 22 process an application for issuance or transfer of a license under AS 04 without a national 23 criminal history record check from the Federal Bureau of Investigation if that application was 24 pending with the board on the effective date of this Act. 25 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 INTERVENING AMENDMENTS. It is the intent of the legislature that intervening 28 amendments to AS 04.11.491(f) are not to be carried forward on the effective date of sec. 5 of 29 this Act. 30 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. This Act applies to offenses that occur on or after the effective 02 date of this Act. 03 * Sec. 14. Section 5 of this Act takes effect July 1, 2004. 04 * Sec. 15. Except as provided in sec. 14 of this Act, this Act takes effect immediately under 05 AS 01.10.070(c).