CCS HB 330: "An Act relating to brewpub licenses and to providing alcoholic beverages to a person under 21 years of age."
00 CONFERENCE CS FOR HOUSE BILL NO. 330 01 "An Act relating to brewpub licenses and to providing alcoholic beverages to a person 02 under 21 years of age." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 04.11.135(a) is amended to read: 05 (a) A brewpub license authorizes the holder of a beverage dispensary license 06 to 07 (1) manufacture on premises licensed under the beverage dispensary 08 license not more than 150,000 [75,000] gallons of beer in a calendar year; 09 (2) sell beer manufactured on premises licensed under the beverage 10 dispensary license for consumption on the licensed premises or other licensed 11 premises of the beverage dispensary licensee that are also licensed as a beverage 12 dispensary; 13 (3) sell beer manufactured on the premises licensed under the beverage 14 dispensary license in quantities of not more than five gallons per day to an individual
01 who is present on the licensed premises; 02 (4) provide a small sample of the brewpub's beer manufactured on the 03 premises free of charge unless prohibited by AS 04.16.030; and 04 (5) sell beer manufactured on the premises licensed under the beverage 05 dispensary license to a person licensed as a wholesaler under AS 04.11.160; sales 06 under this paragraph may not exceed 15,000 gallons or the amount sold under 07 this paragraph in calendar year 2001, plus 10 percent, whichever amount is 08 greater. 09 * Sec. 2. AS 04.11.135(d) is amended to read: 10 (d) Notwithstanding (a) of this section, the holder of a brewpub license who 11 under the provisions of AS 04.11.450(b) formerly held a brewery license and a 12 restaurant or eating place license and who, under the former brewery license, 13 manufactured beer at a location other than the premises licensed under the former 14 restaurant or eating place license may 15 (1) manufacture not more than 150,000 [75,000] gallons of beer in a 16 calendar year on premises other than the premises licensed under the beverage 17 dispensary license; 18 (2) provide a small sample of the manufactured beer free of charge at 19 the location the beer is manufactured unless prohibited by AS 04.16.030; and 20 (3) sell the beer authorized to be manufactured under this subsection 21 (A) on the premises licensed under the beverage dispensary 22 license or other licensed premises of the beverage dispensary licensee that are 23 also licensed as a beverage dispensary; 24 (B) to a wholesaler licensed under AS 04.11.160; sales under 25 this subparagraph may not exceed 15,000 gallons or the amount sold 26 under this subparagraph in calendar year 2001, plus 10 percent, 27 whichever amount is greater; or 28 (C) to an individual who is present on the premises where the 29 beer is manufactured in quantities of not more than five gallons per day. 30 * Sec. 3. AS 04.11.135 is amended by adding a new subsection to read: 31 (e) Notwithstanding (a) of this section, a brewpub license authorizes the
01 holder of a restaurant or eating place license to (1) manufacture on premises licensed 02 under the restaurant or eating place license not more than 150,000 gallons of beer in a 03 calendar year; (2) sell beer manufactured on premises licensed under the restaurant or 04 eating place license for consumption on the licensed premises; (3) sell beer 05 manufactured on the premises licensed under the restaurant or eating place license in 06 quantities of not more than five gallons per day to an individual who is present on the 07 licensed premises; and (4) provide a small sample of the brewpub's beer manufactured 08 on the premises free of charge unless prohibited by AS 04.16.030. A person who 09 holds a brewpub license under this subsection may not hold more than one brewpub 10 license. 11 * Sec. 4. AS 04.16.051(d) is amended to read: 12 (d) A person acting with criminal negligence who violates this section is guilty 13 of a class C felony if 14 (1) [,] within the five years preceding the violation, the person has 15 been previously convicted under 16 (A) [(1)] this section; or 17 (B) [(2)] a law or ordinance of this or another jurisdiction with 18 elements substantially similar to this section; or 19 (2) the person who receives the alcoholic beverage negligently 20 causes serious physical injury to or the death of another person while under the 21 influence of the alcoholic beverage received in violation of this section; in this 22 paragraph, 23 (A) "negligently" means acting with civil negligence; and 24 (B) "serious physical injury" has the meaning given in 25 AS 11.81.900.