00 CS FOR HOUSE BILL NO. 190(FIN)
01 "An Act relating to the purchase of alcoholic beverages and to access to licensed
02 premises; relating to civil liability for certain persons accessing licensed premises;
03 requiring driver's licenses and identification cards to be marked if a person is restricted
04 from consuming alcoholic beverages as a result of a conviction or condition of probation
05 or parole and relating to fees for the marked license; and requiring the surrender and
06 cancellation of driver's licenses under certain circumstances."
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
08 * Section 1. AS 04.16 is amended by adding a new section to read:
09 Sec. 04.16.047. Access of persons with restricted privileges. (a) A person
10 who is not privileged to purchase alcohol under AS 04.16.160 may not knowingly
11 enter or remain in premises licensed under this title to obtain or consume alcohol.
12 (b) A licensee may bring a civil action against a person who violates this
13 section if the violation occurs on the premises of that licensee. If judgment is entered
01 in favor of the licensee, the court shall award civil damages in the amount of $1,000
02 and award reasonable costs and reasonable attorney fees allowed under the Alaska
03 Rules of Civil Procedure.
04 * Sec. 2. AS 04.16 is amended by adding a new section to read:
05 Sec. 04.16.160. Privilege to purchase alcoholic beverages. (a) Except as
06 otherwise provided by law, a person who is 21 years of age or older has a privilege to
07 purchase alcoholic beverages, unless the person has been ordered to refrain from
08 consuming alcoholic beverages as part of a sentence for conviction of a crime under
09 AS 28.35.030 or 28.35.032 or as a condition of probation or parole from a conviction
10 under AS 28.35.030 or 28.35.032. A person whose privilege to purchase alcohol has
11 been restricted shall be required to pay an enhanced fee to have a driver's license or
12 identification card issued with the information required under AS 28.15.111(a)(6).
13 (b) A court imposing a restriction on a person under (a) of this section, and the
14 Department of Corrections, shall notify the person that an identification card issued
15 under AS 18.65.310 must list the restriction imposed for the period of the person's
16 probation or parole.
17 * Sec. 3. AS 04.21.050(b) is amended to read:
18 (b) Except as provided in AS 04.16.160, a [A] valid driver's license or a
19 valid identification card is acceptable as proof of age when used for identification in
20 the purchase of alcoholic beverages and for securing entry to and remaining on
21 premises where alcoholic beverages are sold if the license or identification card is
22 made of or encased in plastic and contains a photograph of the licensee [LICENSE] or
23 card holder and a statement of age or date of birth.
24 * Sec. 4. AS 18.65.310 is amended by adding new subsections to read:
25 (h) The department shall cancel the identification card of a person on whom a
26 restriction has been imposed under AS 04.16.160 unless the person's identification
27 card contains the information required by (i) of this section.
28 (i) The department shall, to the extent it is able, mark the identification card of
29 an applicant whose privilege to purchase alcohol has been restricted under
30 AS 04.16.160 in the same manner required for a driver's license under AS 28.15.111.
31 (j) The department may by regulation set a fee for issuance of an identification
01 card under (i) of this section. The fee must meet the requirements of AS 04.16.160.
02 * Sec. 5. AS 28.15.111(a) is amended to read:
03 (a) Upon successful completion of the application and all required
04 examinations, and upon payment of the required fee, the department shall issue to
05 every qualified applicant a driver's license indicating the type or general class of
06 vehicles that the licensee may drive. The license must [DISPLAY] (1) display a
07 distinguishing number assigned to the license; (2) display the licensee's full name,
08 address, date of birth, brief physical description, and color photograph; (3) display
09 either a facsimile of the signature of the licensee or a space upon which the licensee
10 must write the licensee's usual signature with pen and ink; (4) display a holographic
11 symbol intended to prevent illegal alteration or duplication; [AND] (5) display, for a
12 qualified applicant who is under [AGE] 21 years of age, the words "UNDER 21"; and
13 (6) to the extent the department is able, be designed to allow the electronic
14 reading and electronic display of the information described under (2) of this
15 subsection and the electronic reading and display and a physical display on the
16 license of the letters "ROC" if the person's privilege to purchase alcohol has been
17 restricted under AS 04.16.160. A license may not display the licensee's social
18 security number and is not valid until signed by the licensee. If facilities are not
19 available for the taking of the photograph required under this section, the department
20 shall endorse on the license, the words "valid without photograph." In this subsection,
21 "ROC" is an abbreviation for "restriction on consumption."
22 * Sec. 6. AS 28.15.161(a) is amended to read:
23 (a) The department shall cancel a driver's license upon determination that
24 (1) the licensee is not medically or otherwise entitled to the issuance or
25 retention of the license, or has been adjudged incompetent to drive a motor vehicle;
26 (2) there is an error or defect in the license;
27 (3) the licensee failed to give the required or correct information in the
28 licensee's application; [OR]
29 (4) the license was obtained fraudulently; or
30 (5) the licensee has been restricted from purchasing alcoholic
31 beverages under AS 04.16.160; if a license is cancelled under this paragraph,
01 when a new license is issued, it must reflect that restriction and the requirements
02 of AS 28.15.111.
03 * Sec. 7. AS 28.15.191 is amended by adding new subsections to read:
04 (g) A court that has ordered a person to refrain from consuming alcoholic
05 beverages as part of a sentence for conviction of a crime under AS 28.35.030 or
06 28.35.032 or as a condition of probation or parole following a conviction under those
07 sections shall
08 (1) require the surrender of the person's license and forward the license
09 to the department;
10 (2) report the order to the department within two days; and
11 (3) inform the person that the person's license is subject to cancellation
12 under AS 28.15.161 and, if the person is otherwise qualified to receive a license, when
13 the person obtains a new license the license must list the restriction imposed by
14 AS 04.16.160 for the period of probation or parole.
15 (h) The board of parole shall notify the department within two days whenever
16 a person has been ordered to refrain from consuming alcoholic beverages as a
17 condition of parole and shall inform the person that the person's license is subject to
18 cancellation under AS 28.15.161, and that, if the person is otherwise qualified to
19 receive a license, when the person obtains a new license the license must list the
20 restriction imposed by AS 04.16.160.
21 * Sec. 8. AS 28.15.271 is amended by adding a new subsection to read:
22 (e) The department may by regulation set a fee for issuance of a new license to
23 replace a license cancelled under AS 28.15.161(a)(5) because the person's privilege to
24 purchase alcoholic beverages under AS 04.16.160 has been restricted or revoked. The
25 fee must meet the requirements of AS 04.16.160.