SB 128: "An Act relating to the sale, distribution, and purchase of alcoholic beverages; relating to a state database for records of certain alcoholic purchases of alcoholic beverages; relating to procedures for local option elections for control of alcoholic beverages; and providing for an effective date."
00 SENATE BILL NO. 128 01 "An Act relating to the sale, distribution, and purchase of alcoholic beverages; relating 02 to a state database for records of certain alcoholic purchases of alcoholic beverages; 03 relating to procedures for local option elections for control of alcoholic beverages; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 04.06.095 is amended by adding a new section to read: 07 Sec. 04.06.095. Statewide database. The board, after consulting with package 08 store licensees, shall create and maintain a statewide database that contains a monthly 09 record of the alcohol purchases by, and shipments made to, a person who resides in a 10 municipality or established village that has restricted the sale of alcoholic beverages 11 under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2). Information in the database is 12 available only to (1) a package store licensee, agent, or employee to consult before 13 shipping alcohol to a purchaser in a restricted area as provided in AS 04.11.150(g); (2) 14 a law enforcement officer; (3) a probation or parole officer; and (4) the board. Except
01 as otherwise specifically provided in this section, the information contained in the 02 database is confidential and is not subject to inspection or copying under 03 AS 40.25.110 - 40.25.220. 04 * Sec. 2. AS 04.11.150(g) is amended to read: 05 (g) If a shipment is to an area that has restricted the sale of alcoholic 06 beverages under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), a package store 07 licensee, agent, or employee may not ship to a purchaser more than 10 and one-half 08 liters of distilled spirits, 24 liters or more of wine, or 12 gallons or more of malt 09 beverages in a calendar month, or a lower amount of distilled spirits, wine, or malt 10 beverages if the municipality or established village has adopted the lower amount by 11 local option under AS 04.11.491(g). Before shipping alcohol to a purchaser in a 12 restricted area, a package store licensee, agent, or employee shall consult the 13 database maintained by the board under AS 04.06.095 for any alcoholic beverage 14 shipments made to the purchaser during that calendar month by a package store 15 licensee, agent, or employee. A package store licensee, agent, or employee may 16 not ship an amount of alcoholic beverages to a purchaser in a restricted area 17 that, when added to the amount already shipped, exceeds the amount authorized 18 by this subsection. A package store licensee, agent, or employee shall immediately 19 enter into the database the date and the amount of alcoholic beverages shipped to 20 the purchaser. 21 * Sec. 3. AS 04.11.150(h) is amended to read: 22 (h) A package store licensee, agent, or employee may not 23 (1) divide or combine shipments of alcoholic beverages so as to 24 circumvent the limitation imposed under (g) of this section; or 25 (2) in response to a written order, ship alcohol to a purchaser at an 26 address other than the address where the purchaser resides or, if the purchaser 27 resides in a municipality or established village that has adopted a local option 28 under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2) for which a community 29 delivery site has been designated under AS 04.11.491(f), to an address other than 30 that community delivery site except as provided by AS 04.11.491(f)(1) and (2). 31 * Sec. 4. AS 04.11.499 is amended to read:
01 Sec. 04.11.499. Prohibition of importation after election. If a majority of the 02 voters vote to prohibit the importation of alcoholic beverages under 03 AS 04.11.491(a)(4) or (5) or (b)(3) or (4), a person, beginning on the first day of the 04 month following certification of the results of the election, may not knowingly send, 05 transport, or bring an alcoholic beverage into the municipality or established village, 06 unless the alcoholic beverage is sacramental wine to be used for bona fide religious 07 purposes based on tenets or teachings of a church or religious body, is limited in 08 quantity to the amount necessary for religious purposes, and is dispensed only for 09 religious purposes by a person authorized by the church or religious body to dispense 10 the sacramental wine. [IN THIS SECTION, 11 (1) "BRING" MEANS TO CARRY OR CONVEY OR TO ATTEMPT 12 OR SOLICIT TO CARRY OR CONVEY; 13 (2) "SEND" MEANS TO CAUSE TO BE TAKEN OR 14 DISTRIBUTED OR TO ATTEMPT OR SOLICIT TO CAUSE TO BE TAKEN OR 15 DISTRIBUTED, AND INCLUDES USE OF THE UNITED STATES POSTAL 16 SERVICE; 17 (3) "TRANSPORT" MEANS TO SHIP BY ANY METHOD, AND 18 INCLUDES DELIVERING OR TRANSFERRING OR ATTEMPTING OR 19 SOLICITING TO DELIVER OR TRANSFER AN ALCOHOLIC BEVERAGE TO 20 BE SHIPPED TO, DELIVERED TO, OR LEFT OR HELD FOR PICK UP BY ANY 21 PERSON.] 22 * Sec. 5. AS 04.11.499 is amended by adding new subsections to read: 23 (b) A person who resides in a municipality or established village that has 24 adopted a local option under AS 04.11.491(a) or (b) may not purchase alcohol from 25 another person who has sent, transported, or brought an alcoholic beverage into the 26 municipality or established village in violation of the local option. 27 (c) In this section, 28 (1) "bring" means to carry or convey or to attempt or solicit to carry or 29 convey; 30 (2) "send" means to cause to be taken or distributed or to attempt or 31 solicit to cause to be taken or distributed, and includes use of the United States Postal
01 Service; 02 (3) "transport" means to ship by any method, and includes delivering 03 or transferring or attempting or soliciting to deliver or transfer an alcoholic beverage 04 to be shipped to, delivered to, or left or held for pickup by any person. 05 * Sec. 6. AS 04.11.507(f) is amended to read: 06 (f) Notwithstanding any other provisions of law, an election under (b) or (c) of 07 this section to remove a local option or to change to a less restrictive option than the 08 local option previously adopted under AS 04.11.491 may not be conducted during the 09 first 24 [12] months after the local option was adopted or more than once in a 36- 10 month [AN 18-MONTH] period. 11 * Sec. 7. AS 04.16.020 is amended by adding a new subsection to read: 12 (c) A person may not purchase alcohol by written order on behalf of another 13 person who resides in a municipality or established village that has adopted a local 14 option under AS 04.11.491(a)(5) or (b)(4). 15 * Sec. 8. AS 04.16 is amended by adding a new section to read: 16 Sec. 04.16.035. Possession of ingredients for homebrew in certain areas. A 17 person residing in an area that has adopted a local option to prohibit the sale, 18 importation, and possession of alcoholic beverages under AS 04.11.491(a)(5) or (b)(4) 19 may not possess sugar, artificial sugar, malt, yeast, or any other material or equipment 20 with the intent to use the material or equipment to create an alcoholic beverage. 21 * Sec. 9. AS 04.16.200(e) is amended to read: 22 (e) A person who sends, transports, or brings alcoholic beverages into a 23 municipality or established village in violation of AS 04.11.499(a) [AS 04.11.499] is, 24 upon conviction, 25 (1) guilty of a class A misdemeanor if the quantity of alcoholic 26 beverages is less than 10 and one-half liters of distilled spirits, 24 liters of wine, or 12 27 gallons of malt beverages; or 28 (2) guilty of a class C felony if the quantity of alcoholic beverages is 29 10 and one-half liters or more of distilled spirits, 24 liters or more of wine, or 12 30 gallons or more of malt beverages. 31 * Sec. 10. AS 04.16.200 is amended by adding a new subsection to read:
01 (f) A person who purchases alcohol in violation of AS 04.11.499(b) is guilty 02 of a class A misdemeanor. 03 * Sec. 11. AS 04.16.220(a) is amended to read: 04 (a) The following are subject to forfeiture: 05 (1) alcoholic beverages manufactured, sold, offered for sale, possessed 06 for sale, or bartered or exchanged for goods and services in this state in violation of 07 AS 04.11.010; alcoholic beverages possessed, stocked, warehoused, or otherwise 08 stored in violation of AS 04.21.060; alcoholic beverages sold or offered for sale in 09 violation of a local option adopted under AS 04.11.491; alcoholic beverages 10 transported into the state and sold to persons not licensed under this chapter in 11 violation of AS 04.16.170(b); alcoholic beverages transported in violation of 12 AS 04.16.125; 13 (2) materials and equipment used in the manufacture, sale, offering for 14 sale, possession for sale, or barter or exchange of alcoholic beverages for goods and 15 services in this state in violation of AS 04.11.010; materials and equipment used in the 16 stocking, warehousing, or storage of alcoholic beverages in violation of AS 04.21.060; 17 materials and equipment used in the sale or offering for sale of an alcoholic beverage 18 in an area in violation of a local option adopted under AS 04.11.491; 19 (3) aircraft, vehicles, or vessels used to transport or facilitate the 20 transportation of 21 (A) alcoholic beverages manufactured, sold, offered for sale, 22 possessed for sale, or bartered or exchanged for goods and services in this state 23 in violation of AS 04.11.010; 24 (B) property stocked, warehoused, or otherwise stored in 25 violation of AS 04.21.060; 26 (C) alcoholic beverages imported into a municipality or 27 established village in violation of AS 04.11.499(a) [AS 04.11.499]; 28 (4) alcoholic beverages found on licensed premises that do not bear 29 federal excise stamps if excise stamps are required under federal law; 30 (5) alcoholic beverages, materials, or equipment used in violation of 31 AS 04.16.175;
01 (6) money, securities, negotiable instruments, or other things of value 02 used in financial transactions or items of value purchased from the proceeds derived 03 from activity prohibited under AS 04.11.010 or in violation of a local option adopted 04 under AS 04.11.491; 05 (7) a firearm used in furtherance of a violation of this title. 06 * Sec. 12. 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(a) [04.11.499], AS 04.16.125, AS 04.21.060, or AS 04.11.501 or an 10 ordinance adopted 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. 13. AS 04.16.220(g) is amended to read: 14 (g) It is no defense in an in rem forfeiture proceeding brought under (d)(2) of 15 this section that a criminal proceeding is pending or has resulted in conviction or 16 acquittal of a person charged with violating AS 04.11.010, 04.11.499(a) [04.11.499], 17 or AS 04.21.060. 18 * Sec. 14. AS 04.16.220(i) is amended to read: 19 (i) Upon conviction for a violation of AS 04.11.010 or 04.11.499(a) 20 [04.11.499], if an aircraft, vehicle, or watercraft is subject to forfeiture under (a) of 21 this section, the court shall, subject to remission to innocent parties under this section, 22 (1) order the forfeiture of an aircraft to the state; 23 (2) order the forfeiture of a vehicle or watercraft if 24 (A) the defendant has a prior felony conviction for a violation 25 of AS 11.41 or a similar law in another jurisdiction; 26 (B) the defendant is on felony probation or parole; 27 (C) the defendant has a prior conviction for violating 28 AS 04.11.010 or 04.11.499(a) [04.11.499]; or 29 (D) the quantity of alcohol transported in violation of this title 30 was twice the presumptive amounts in AS 04.11.010(c). 31 * Sec. 15. AS 12.30.023(a) is amended to read:
01 (a) In determining the conditions of release under AS 12.30.020 in cases 02 involving a violation of AS 04.11.010, 04.11.499(a) [04.11.499], AS 11.71, or 03 AS 11.73, the court shall consider the conditions specified in AS 12.30.020 and the 04 following conditions and impose one or more conditions it considers reasonably 05 necessary to protect the public safety and security, including ordering the defendant 06 (1) to obey all laws; 07 (2) to submit to a search of the defendant's person, personal property, 08 residence, vehicle, or any vehicle over which the defendant has control, for the 09 presence of alcoholic beverages or illegal drugs and drug paraphernalia by a peace 10 officer who has reasonable suspicion that the defendant is violating the terms of the 11 defendant's bail release by possessing alcoholic beverages or illegal drugs and drug 12 paraphernalia; 13 (3) in 14 (A) controlled substances offenses, to enroll in a random drug 15 testing program, at the defendant's expense, to detect the presence of an illegal 16 drug, with testing to occur not less than once a week, and with the results being 17 submitted to the court and the district attorney's office; 18 (B) alcoholic beverage offenses, to submit to a breath test when 19 requested by a law enforcement officer; 20 (4) to not have on the defendant's person, in the defendant's residence, 21 or in any vehicle over which the defendant has control, any alcoholic beverages, 22 controlled substances, or related paraphernalia; 23 (5) to not use, manufacture, possess, handle, purchase, give, or 24 administer any controlled substance or alcoholic beverage; 25 (6) to not associate with persons involved in using, manufacturing, 26 growing, or distributing controlled substances or alcoholic beverages; 27 (7) to not enter or remain in places where controlled substances or 28 alcoholic beverages are being used, manufactured, grown, or distributed; 29 (8) to not be physically present, within a two-block area of, or within a 30 designated area near, the location at which the offense occurred or at other designated 31 locations, unless the defendant actually resides within that area;
01 (9) to not use or possess a paging device, wireless telephone 02 [CELLULAR PHONE], or other portable communicative device on the defendant's 03 person, in any vehicle over which the defendant has control, or in the defendant's 04 residence; 05 (10) to be physically inside the defendant's residence, or in the 06 residence of the defendant's third-party custodian, between time periods set by the 07 court, except as otherwise required by employment, education, counseling, or 08 treatment and as specifically authorized by the court; 09 (11) to not 10 (A) have a firearm in the defendant's possession or control, in 11 any vehicle over which the defendant has control, or in the defendant's 12 residence; 13 (B) possess a knife, other than an ordinary pocket knife, on the 14 defendant's person; 15 (12) to engage in any conduct or to refrain from any conduct that the 16 court considers reasonably necessary to protect the public. 17 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 ALCOHOLIC BEVERAGE DELIVERY SITE PILOT PROJECT. (a) The Alcoholic 20 Beverage Control Board established by AS 04.06.010 shall, if requested by the local 21 governing body of Bethel, establish a site in Bethel and, if requested by the local governing 22 body of Kotzebue, establish a site in Kotzebue for delivery of alcoholic beverages. The 23 delivery sites shall be operated as sites designated under AS 04.11.491(f) are operated. Each 24 site shall, if established, begin operation on July 1, 2008, and shall continue in operation as 25 long as a local option under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2) is in effect in each 26 community. However, each site shall stop operation on June 30, 2011, regardless of whether a 27 local option is in effect in each community on that date. 28 (b) The delivery site established in Bethel under (a) of this section shall serve as the 29 delivery site under AS 04.11.494 for Bethel and shall be established after consultation with 30 public, private, and nonprofit agencies in Bethel. 31 (c) The delivery site established in Kotzebue under (a) of this section shall serve as
01 the delivery site under AS 04.11.494 for Kotzebue and shall be established after consultation 02 with public, private, and nonprofit agencies in Kotzebue. 03 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 REVISOR'S INSTRUCTIONS. The revisor of statutes is instructed to change the 06 heading of AS 04.11.499 from "Prohibition of importation after election" to "Prohibition of 07 importation or purchase after election." 08 * Sec. 18. Section 16 of this Act is repealed. 09 * Sec. 19. Section 2 of this Act takes effect July 1, 2008. 10 * Sec. 20. Section 18 of this Act takes effect June 30, 2011. 11 * Sec. 21. Except as provided in secs. 19 and 20 of this Act, this Act takes effect 12 immediately under AS 01.10.070(c).