HB 505: "An Act relating to importing beer or wine for personal consumption and a liquor license for that purpose, and to taxes on beer or wine imported for personal consumption."
00 HOUSE BILL NO. 505 01 "An Act relating to importing beer or wine for personal consumption and a liquor 02 license for that purpose, and to taxes on beer or wine imported for personal 03 consumption." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 04.11.010(a) is amended to read: 06 (a) Except as provided in AS 04.11.020 and 04.11.225, a person may not 07 manufacture, sell, offer for sale, possess for sale or barter, traffic in, import for 08 personal consumption, or barter an alcoholic beverage unless under license or permit 09 issued under this title. 10 * Sec. 2. AS 04.11.060 is amended to read: 11 Sec. 04.11.060. Nonresident distiller, brewer, winery, or wholesaler. 12 Except as provided in (b) of this section, a [A] distiller, brewer, winery or 13 wholesaler whose plant or principal place of business is outside the state may not sell 14 products directly to licensees in the state without
01 (1) obtaining a general wholesale license under AS 04.11.160(a) for 02 each wholesale distributing point in the state; 03 (2) appointing an agent upon whom process can be served; and 04 (3) obtaining other applicable licenses under the provisions of this title. 05 * Sec. 3. AS 04.11.060 is amended by adding new subsections to read: 06 (b) A brewer or winery located outside the state desiring to ship beer or wine 07 to a person licensed as a connoisseur under AS 04.11.225 08 (1) shall register with the board, on forms provided by the board; and 09 (2) may not, in a calendar year, ship more than 1,440 bottles or 60 10 cases of beer, or more than 720 bottles or 60 cases of wine. 11 (c) A person who violates this section is guilty of a class C felony but, 12 notwithstanding AS 12.55.125, is subject to only a fine of up to $5,000. A person 13 convicted of violating this section may not receive a sentence of imprisonment. 14 * Sec. 4. AS 04.11.080 is amended to read: 15 Sec. 04.11.080. Types of licenses and permits. Licenses and permits issued 16 under this title are as follows: 17 (1) beverage dispensary license; 18 (2) duplicate beverage dispensary license for additional rooms; 19 (3) restaurant or eating place license; 20 (4) club license; 21 (5) bottling works license; 22 (6) brewery license; 23 (7) package store license; 24 (8) general wholesale license; 25 (9) wholesale malt beverage and wine license; 26 (10) distillery license; 27 (11) common carrier dispensary license; 28 (12) retail stock sale license; 29 (13) recreational site license; 30 (14) pub license; 31 (15) winery license;
01 (16) caterer's permit; 02 (17) special events permit; 03 (18) conditional contractor's permit; 04 (19) brewpub license; 05 (20) golf course license; 06 (21) connoisseur license. 07 * Sec. 5. AS 04.11 is amended by adding a new section to read: 08 Sec. 04.11.225. Connoisseur license. (a) A connoisseur license authorizes 09 the licensee to receive direct shipments of beer, wine, or a combination of beer and 10 wine from a brewery or winery located outside this state. A holder of a connoisseur 11 license may not 12 (1) receive more than 144 bottles or 12 cases of wine, or 288 bottles or 13 12 cases of beer from a brewery or winery located outside this state during a 12-month 14 period; or 15 (2) resell beer or wine received under this section. 16 (b) A licensee shall 17 (1) forward to the brewery or winery a distinctive address label clearly 18 identifying any package that is shipped to the licensee; 19 (2) report to the board annually, on June 30, the total amount of beer or 20 wine received by the licensee; 21 (3) annually, by June 30, pay all applicable taxes due on the beer or 22 wine to the Department of Revenue as required under AS 43.60.010. 23 (c) The biennial fee for a connoisseur license is 24 (1) $100 to receive beer or wine; and 25 (2) $200 to receive both beer and wine. 26 (d) If a person violates (a) of this section but has not previously violated (a) of 27 this section, the director shall send the person a certified letter ordering the person to 28 cease and desist receipt of further shipments of alcoholic beverages to this state except 29 as authorized by law. If a person violates (a) of this section and the violation is a 30 second or subsequent violation, the person is guilty of a class A misdemeanor. 31 * Sec. 6. AS 04.16.180(a) is amended to read:
01 (a) Except as provided in AS 04.11.015, 04.11.225, AS 04.16.025, 04.16.050, 02 04.16.051, 04.16.200 - 04.16.210, and AS 04.21.065, a person who violates a 03 provision of this title or a regulation adopted by the board is guilty, upon conviction, 04 of a class A misdemeanor. Each violation is a separate offense. 05 * Sec. 7. AS 43.60 is amended by adding a new section to read: 06 Sec. 43.60.045. Connoisseur alcoholic beverage tax. (a) A person receiving 07 alcoholic beverages under a connoisseur license issued under AS 04.11.225 is subject 08 to the tax imposed under AS 43.60.010. 09 (b) Notwithstanding AS 43.60.020, a person described under (a) of this section 10 shall annually, by June 30, 11 (1) file a statement with the department listing the total amount of beer 12 or wine received by the person; and 13 (2) pay all applicable taxes imposed under AS 43.60.010. 14 (c) Notwithstanding AS 43.60.040, a person described under (a) of this section 15 is not required to furnish a surety bond described under AS 43.60.040.