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CSHB 240(L&C): "An Act relating to brewery and brewpub licensing."

00 CS FOR HOUSE BILL NO. 240(L&C) 01 "An Act relating to brewery and brewpub licensing." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 04.11.130(b) is amended to read: 04 (b) The holder of a brewery license may sell beer in quantities of 05 (1) not more [LESS] than five gallons a day to an individual who is 06 present on the licensed premises for consumption off the premises; 07 (2) more than five gallons a day to a person who is licensed under this 08 title, or in another state or country. 09 * Sec. 2. AS 04.11.130 is amended by adding a new subsection to read: 10 (e) Unless prohibited by AS 04.16.030, a holder of a brewery license may sell 11 not more than 36 ounces a day of the brewery's product to a person for consumption 12 on the premises if 13 (1) the brewery does not allow live entertainment, televisions, pool 14 tables, or dart games in the room where the consumption occurs; 15 (2) the brewery does not provide seats at the counter or bar where the

01 product is served; and 02 (3) the room where the consumption occurs is not open before 9:00 03 a.m. and serving of the product ends not later than 8:00 p.m. [OR AFTER 11:00 04 p.m.] 05 * Sec. 3. AS 04.11.135(a) is amended to read: 06 (a) A brewpub license authorizes the holder of a beverage dispensary license 07 to 08 (1) manufacture on premises licensed under the beverage dispensary 09 license not more than 465,000 [150,000] gallons of beer in a calendar year; 10 (2) sell beer manufactured on premises licensed under the beverage 11 dispensary license for consumption on the licensed premises or other licensed 12 premises of the beverage dispensary licensee that are also licensed as a beverage 13 dispensary; 14 (3) sell beer manufactured on the premises licensed under the beverage 15 dispensary license in quantities of not more than five gallons a [PER] day to an 16 individual who is present on the licensed premises for consumption off the premises; 17 (4) provide a small sample of the brewpub's beer manufactured on the 18 premises free of charge unless prohibited by AS 04.16.030; [AND] 19 (5) sell beer manufactured on the premises licensed under the beverage 20 dispensary license to a person licensed as a wholesaler under AS 04.11.160; sales 21 under this paragraph may not exceed 37,200 gallons in a calendar year, including 22 sales under (6) of this subsection; and 23 (6) sell not more than 6,200 gallons in a calendar year of beer 24 manufactured on the premises to a person who is licensed under this title, or in 25 another state or country, if the premises licensed under the beverage dispensary 26 license are located in a community with a population of 75,000 or more [15,000 27 GALLONS OR THE AMOUNT SOLD UNDER THIS PARAGRAPH IN 28 CALENDAR YEAR 2001, PLUS 10 PERCENT, WHICHEVER AMOUNT IS 29 GREATER]. 30 * Sec. 4. AS 04.11.135(d) is amended to read: 31 (d) Notwithstanding (a) of this section, the holder of a brewpub license who,

01 under the provisions of AS 04.11.450(b), formerly held a brewery license and a 02 restaurant or eating place license and who, under the former brewery license, 03 manufactured beer at a location other than the premises licensed under the former 04 restaurant or eating place license may 05 (1) manufacture not more than 465,000 [150,000] gallons of beer in a 06 calendar year on premises other than the premises licensed under the beverage 07 dispensary license; 08 (2) provide a small sample of the manufactured beer free of charge at 09 the location the beer is manufactured unless prohibited by AS 04.16.030; and 10 (3) sell the beer authorized to be manufactured under this subsection 11 (A) on the premises licensed under the beverage dispensary 12 license or other licensed premises of the beverage dispensary licensee that are 13 also licensed as a beverage dispensary; 14 (B) to a wholesaler licensed under AS 04.11.160; sales under 15 this subparagraph may not exceed 37,200 gallons in a calendar year, 16 including sales under (D) of this paragraph; [15,000 GALLONS OR THE 17 AMOUNT SOLD UNDER THIS SUBPARAGRAPH IN CALENDAR YEAR 18 2001, PLUS 10 PERCENT, WHICHEVER AMOUNT IS GREATER; OR] 19 (C) to an individual who is present on the premises described 20 under (A) of this paragraph, or where the beer is manufactured, in quantities of 21 not more than five gallons a [PER] day for consumption off the premises; 22 and 23 (D) to a person licensed under this title, or in another state 24 or country, if the premises where the beer is manufactured are located in 25 a community with a population of 75,000 or more; sales under this 26 subparagraph may not exceed 6,200 gallons in a calendar year. 27 * Sec. 5. AS 04.11.135(e) is amended to read: 28 (e) Notwithstanding (a) of this section, a brewpub license authorizes the 29 holder of a restaurant or eating place license to (1) manufacture on premises licensed 30 under the restaurant or eating place license not more than 465,000 [150,000] gallons of 31 beer in a calendar year; (2) sell beer manufactured on premises licensed under the

01 restaurant or eating place license for consumption on the licensed premises; (3) sell 02 beer manufactured on the premises licensed under the restaurant or eating place 03 license in quantities of not more than five gallons a [PER] day for consumption off 04 the premises to an individual who is present on the licensed premises; and (4) provide 05 a small sample of the brewpub's beer manufactured on the premises free of charge 06 unless prohibited by AS 04.16.030. A person who holds a brewpub license under this 07 subsection may not hold more than one brewpub license.