HCS SB 210(RLS): "An Act relating to the manufacture and transportation of alcoholic beverages; relating to relocation of existing licenses within a borough; relating to forfeitures of property for violations of alcoholic beverage laws; and relating to violations of alcoholic beverage laws."
00 HOUSE CS FOR SENATE BILL NO. 210(RLS) 01 "An Act relating to the manufacture and transportation of alcoholic beverages; relating 02 to relocation of existing licenses within a borough; relating to forfeitures of property for 03 violations of alcoholic beverage laws; and relating to violations of alcoholic beverage 04 laws." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 04.11.010(c) is amended to read: 07 (c) Unless a municipality or established village has adopted a more restrictive 08 local option under AS 04.11.491(g), in a criminal prosecution for possession of 09 alcoholic beverages for sale in violation of (a) of this section, the fact that a person 10 (1) possessed more than 10 1/2  liters of distilled spirits, 24 liters 11 or more of wine, or 12 gallons or more of malt beverages in an area where the sale of 12 alcoholic beverages is restricted or prohibited under AS 04.11.491 creates a 13 presumption that the person possessed the alcoholic beverages for sale; 14 (2) sends, transports, or brings more than 10 1/2  liters of distilled
01 spirits, 24 liters or more of wine, or 12 gallons or more of malt beverages to an area 02 where the sale of alcoholic beverages is restricted or prohibited under AS 04.11.491 03 creates a presumption that the person sent, transported, or brought the alcoholic 04 beverages for sale in the area. 05 * Sec. 2. AS 04.11.400(a) is amended to read: 06 (a) Except as provided in (d) - (h), (k), [AND] (l), and (n) of this section, a 07 new license may not be issued and the board may prohibit relocation of an existing 08 license 09 (1) outside an established village, incorporated city, unified 10 municipality, or organized borough if after the issuance or relocation there would be 11 (A) more than one restaurant or eating place license for each 1,500 population or 12 fraction of that population, or (B) more than one license of each other type, including 13 licenses that have been issued under (d) or (e) of this section, for each 3,000 14 population or fraction of that population, in a radius of five miles of the licensed 15 premises, excluding the populations of established villages, incorporated cities, unified 16 municipalities, and organized boroughs that are wholly or partly included within the 17 radius; 18 (2) inside an established village, incorporated city, or unified 19 municipality if after the issuance or relocation there would be inside the established 20 village, incorporated city, or unified municipality 21 (A) more than one restaurant or eating place license for each 22 1,500 population or fraction of that population; or 23 (B) more than one license of each other type, including licenses 24 that have been issued under (d) or (e) of this section, for each 3,000 population 25 or fraction of that population; 26 (3) inside an organized borough but outside an established village or 27 incorporated city located within the borough, if after the issuance or relocation there 28 would be inside the borough, but outside the established villages and incorporated 29 cities located within the borough, 30 (A) more than one restaurant or eating place license for each 31 1,500 population or fraction of that population; or
01 (B) more than one license of each other type, including licenses 02 that have been issued under (d) or (e) of this section, for each 3,000 population 03 or fraction of that population excluding the population of those established 04 villages that have adopted a local option under AS 04.11.491(b)(1), (3), or (4), 05 and excluding the population of incorporated cities located within the 06 organized borough. 07 * Sec. 3. AS 04.11.400 is amended by adding a new subsection to read: 08 (n) Without regard to (a) of this section, the board may allow the relocation of 09 a license within a borough, including within an incorporated city within a borough, if 10 the governing body of the borough approves of the relocation and, if the license is 11 being relocated into or within an incorporated city, the governing body of the 12 incorporated city approves of the relocation. 13 * Sec. 4. AS 04.16.220(a) is amended to read: 14 (a) The following are subject to forfeiture: 15 (1) alcoholic beverages manufactured, sold, offered for sale, [OR] 16 possessed for sale, or bartered or exchanged for goods and services in this state in 17 violation of AS 04.11.010; alcoholic beverages possessed, stocked, warehoused, or 18 otherwise stored in violation of AS 04.21.060; alcoholic beverages sold [,] or offered 19 for sale in violation of a local option adopted under AS 04.11.491; alcoholic beverages 20 transported into the state and sold to persons not licensed under this chapter in 21 violation of AS 04.16.170(b); alcoholic beverages transported in violation of 22 AS 04.16.125; 23 (2) materials and equipment used in the manufacture, sale, offering for 24 sale, possession for sale, or barter or exchange of alcoholic beverages for goods and 25 services in this state in violation of AS 04.11.010; materials and equipment used in the 26 stocking, warehousing, or storage of alcoholic beverages in violation of AS 04.21.060; 27 materials and equipment used in the sale or offering for sale of an alcoholic beverage 28 in an area in violation of a local option adopted under AS 04.11.491; 29 (3) aircraft, vehicles, or vessels used to transport [,] or facilitate the 30 transportation of 31 (A) alcoholic beverages manufactured, sold, offered for sale,
01 [OR] possessed for sale, or bartered or exchanged for goods and services in 02 this state in violation of AS 04.11.010; 03 (B) property stocked, warehoused, or otherwise stored in 04 violation of AS 04.21.060; 05 (C) alcoholic beverages imported into a municipality or 06 established village in violation of AS 04.11.499; 07 (4) alcoholic beverages found on licensed premises that do not bear 08 federal excise stamps if excise stamps are required under federal law; 09 (5) alcoholic beverages, materials, or equipment used in violation of 10 AS 04.16.175; 11 (6) money, securities, negotiable instruments, or other things of value 12 used in financial transactions or items of value purchased from the proceeds 13 derived from activity prohibited under AS 04.11.010 or in violation of a local option 14 adopted under AS 04.11.491. 15 * Sec. 5. AS 04.16.220(c) is amended to read: 16 (c) Within 30 days after [OF] a seizure under this section, the Department of 17 Public Safety shall make reasonable efforts to ascertain the identity and whereabouts 18 of any person holding an interest or an assignee of a person holding an interest in the 19 property seized, including a right to possession, [A] lien, mortgage, or conditional 20 sales contract. The Department of Public Safety shall notify the person ascertained to 21 have an interest in property seized of the impending forfeiture, and, before forfeiture, 22 the Department of Law shall publish, once a week for four consecutive calendar 23 weeks, a notice of the impending forfeiture in a newspaper of general circulation in the 24 judicial district in which the seizure was made [,] or, if no newspaper is published in 25 that judicial district, in a newspaper published in the state and distributed in that 26 judicial district. Upon service or publication of notice of commencement of a 27 forfeiture action under this section, a person claiming an interest in the property 28 shall file, within 30 days after the service or publication, a notice of claim setting 29 out the nature of the interest, the date it was acquired, the consideration paid, 30 and an answer to the state's allegations. If a claim and answer is not filed within 31 the time specified, the property described in the state's allegation must be
01 ordered forfeited to the state without further proceedings or showings. Questions 02 of fact or law raised by a notice of forfeiture action and answer of a claimant in 03 an action commenced under this section must be determined by the court sitting 04 without a jury. This proceeding may be held in abeyance until conclusion of any 05 pending criminal charges against the claimant under this title. 06 * Sec. 6. AS 04.16.220(d) is amended to read: 07 (d) Property subject to forfeiture under (a) of this section may be forfeited 08 (1) upon conviction of a person for a violation of AS 04.11.010, 09 04.11.499, AS 04.16.125, AS 04.21.060, or AS 04.11.501 or an ordinance adopted 10 under AS 04.11.501; or 11 (2) upon judgment by the superior court in a proceeding in rem that the 12 property was used in a manner subjecting it to forfeiture under (a) of this section. 13 * Sec. 7. AS 04.21.080(b) is amended by adding a new paragraph to read: 14 (17) "manufacture" means the creation of alcoholic content by use of 15 fermentation with natural or artificial sugar or yeast or distillation.