HB 373: "An Act relating to the manufacture and transportation of alcoholic beverages; relating to forfeitures of property for violations of alcoholic beverage laws; and relating to violations of alcoholic beverage laws."
00 HOUSE BILL NO. 373 01 "An Act relating to the manufacture and transportation of alcoholic beverages; relating 02 to forfeitures of property for violations of alcoholic beverage laws; and relating to 03 violations of alcoholic beverage laws." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 04.11.010(c) is amended to read: 06 (c) Unless a municipality or established village has adopted a more restrictive 07 local option under AS 04.11.491(g), in a criminal prosecution for possession of 08 alcoholic beverages for sale in violation of (a) of this section, the fact that a person 09 (1) possessed more than 10 1/2 [12] liters of distilled spirits, 24 liters 10 or more of wine, or 12 gallons or more of malt beverages in an area where the sale of 11 alcoholic beverages is restricted or prohibited under AS 04.11.491 creates a 12 presumption that the person possessed the alcoholic beverages for sale; 13 (2) sends, transports, or brings more than 10 1/2 [12] liters of distilled 14 spirits, 24 liters or more of wine, or 12 gallons or more of malt beverages to an area
01 where the sale of alcoholic beverages is restricted or prohibited under AS 04.11.491 02 creates a presumption that the person sent, transported, or brought the alcoholic 03 beverages for sale in the area. 04 * Sec. 2. AS 04.16.220(a) is amended to read: 05 (a) The following are subject to forfeiture: 06 (1) alcoholic beverages manufactured, sold, offered for sale, [OR] 07 possessed for sale, or bartered or exchanged for goods and services in this state in 08 violation of AS 04.11.010; alcoholic beverages possessed, stocked, warehoused, or 09 otherwise stored in violation of AS 04.21.060; alcoholic beverages sold [,] or offered 10 for sale in violation of a local option adopted under AS 04.11.491; alcoholic beverages 11 transported into the state and sold to persons not licensed under this chapter in 12 violation of AS 04.16.170(b); alcoholic beverages transported in violation of 13 AS 04.16.125; 14 (2) materials and equipment used in the manufacture, sale, offering for 15 sale, possession for sale, or barter or exchange of alcoholic beverages for goods and 16 services in this state in violation of AS 04.11.010; materials and equipment used in the 17 stocking, warehousing, or storage of alcoholic beverages in violation of AS 04.21.060; 18 materials and equipment used in the sale or offering for sale of an alcoholic beverage 19 in an area in violation of a local option adopted under AS 04.11.491; 20 (3) aircraft, vehicles, or vessels used to transport [,] or facilitate the 21 transportation of 22 (A) alcoholic beverages manufactured, sold, offered for sale, 23 [OR] possessed for sale, or bartered or exchanged for goods and services in 24 this state in violation of AS 04.11.010; 25 (B) property stocked, warehoused, or otherwise stored in 26 violation of AS 04.21.060; 27 (C) alcoholic beverages imported into a municipality or 28 established village in violation of AS 04.11.499; 29 (4) alcoholic beverages found on licensed premises that do not bear 30 federal excise stamps if excise stamps are required under federal law; 31 (5) alcoholic beverages, materials, or equipment used in violation of
01 AS 04.16.175; 02 (6) money, securities, negotiable instruments, or other things of value 03 used in financial transactions or items of value purchased from the proceeds 04 derived from activity prohibited under AS 04.11.010 or in violation of a local option 05 adopted under AS 04.11.491; 06 (7) a firearm that is visible or carried during or used in 07 furtherance of a violation of this title. 08 * Sec. 3. AS 04.16.220(c) is amended to read: 09 (c) Within 30 days after [OF] a seizure under this section, the Department of 10 Public Safety shall make reasonable efforts to ascertain the identity and whereabouts 11 of any person holding an interest or an assignee of a person holding an interest in the 12 property seized, including a right to possession, [A] lien, mortgage, or conditional 13 sales contract. The Department of Public Safety shall notify the person ascertained to 14 have an interest in property seized of the impending forfeiture, and, before forfeiture, 15 the Department of Law shall publish, once a week for four consecutive calendar 16 weeks, a notice of the impending forfeiture in a newspaper of general circulation in the 17 judicial district in which the seizure was made [,] or, if no newspaper is published in 18 that judicial district, in a newspaper published in the state and distributed in that 19 judicial district. Upon service or publication of notice of commencement of a 20 forfeiture action under this section, a person claiming an interest in the property 21 shall file, within 30 days after the service or publication, a notice of claim setting 22 out the nature of the interest, the date it was acquired, the consideration paid, 23 and an answer to the state's allegations. If a claim and answer is not filed within 24 the time specified, the property described in the state's allegation must be 25 ordered forfeited to the state without further proceedings or showings. Questions 26 of fact or law raised by a notice of forfeiture action and answer of a claimant in 27 an action commenced under this section must be determined by the court sitting 28 without a jury. This proceeding may be held in abeyance until conclusion of any 29 pending criminal charges against the claimant under this title. 30 * Sec. 4. AS 04.16.220(d) is amended to read: 31 (d) Property subject to forfeiture under (a) of this section may be forfeited
01 (1) upon conviction of a person for a violation of AS 04.11.010, 02 04.11.499, AS 04.16.125, AS 04.21.060, or AS 04.11.501 or an ordinance adopted 03 under AS 04.11.501; or 04 (2) upon judgment by the superior court in a proceeding in rem that the 05 property was used in a manner subjecting it to forfeiture under (a) of this section. 06 * Sec. 5. AS 04.21.080(b) is amended by adding a new paragraph to read: 07 (17) "manufacture" means the creation of alcoholic content by use of 08 fermentation with natural or artificial sugar or yeast or distillation.