SB 159: "An Act relating to the purchase of alcoholic beverages and to access to licensed premises; relating to civil liability for certain persons accessing licensed premises; requiring driver's licenses and identification cards to be marked if a person is restricted from consuming alcoholic beverages as a result of a conviction or condition of probation or parole and relating to fees for the marked license or card; relating to the information contained on driver's licenses; requiring the surrender and cancellation of driver's licenses and identification cards under certain circumstances; and providing for an effective date."
00 SENATE BILL NO. 159 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 or card; relating to the information 06 contained on driver's licenses; requiring the surrender and cancellation of driver's 07 licenses and identification cards under certain circumstances; and providing for an 08 effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 04.16 is amended by adding a new section to read: 11 Sec. 04.16.047. Access of persons with restriction on purchasing alcohol. 12 (a) A person who is restricted from purchasing alcohol under AS 04.16.160 may not
01 knowingly enter or remain in premises licensed under this title to obtain or consume 02 alcohol. 03 (b) A licensee may bring a civil action against a person who violates this 04 section if the violation occurs on the premises of that licensee. If judgment is entered 05 in favor of the licensee, the court shall award civil damages in the amount of $1,000 06 and award reasonable costs and reasonable attorney fees allowed under the Alaska 07 Rules of Civil Procedure. 08 (c) Nothing in this section or AS 04.16.160 creates a duty or imposes an 09 obligation on a licensee to physically check the identification of any person entering 10 licensed premises. 11 * Sec. 2. AS 04.16 is amended by adding a new section to read: 12 Sec. 04.16.160. Restriction on purchasing alcoholic beverages. (a) Except as 13 otherwise provided by law, a person who is 21 years of age or older may not purchase 14 alcoholic beverages if the person has been ordered to refrain from consuming 15 alcoholic beverages as part of a sentence for conviction of a crime under 16 AS 28.35.030, 28.35.032, or a similar municipal ordinance or as a condition of 17 probation or parole from a conviction under AS 28.35.030, 28.35.032, or a similar 18 municipal ordinance. The restriction on purchasing alcoholic beverages applies during 19 the period that the person is required to refrain from consuming alcoholic beverages 20 under the sentence or condition of probation or parole. 21 (b) A court imposing a restriction on a person under (a) of this section, and the 22 Department of Corrections, shall notify the person that an identification card issued 23 under AS 18.65.310 must list the restriction imposed for the period of the person's 24 probation or parole. 25 * Sec. 3. AS 04.21.050 is amended to read: 26 Sec. 04.21.050. Proof of age and of not being restricted from purchasing 27 alcoholic beverages. (a) If a licensee or an agent or employee of the licensee 28 questions or has reason to question whether a person entering licensed premises, or 29 ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to 30 procure alcoholic beverages, 31 (1) has attained the age of 21 years or is entering without consent in
01 violation of AS 04.16.049(a)(3) and has not attained the age of 16 years, that licensee, 02 agent, or employee shall require the person to furnish proof of age acceptable under 03 (b) of this section or proof of consent in a form determined by the board; if [. IF] the 04 person questioned does not furnish proof of age acceptable under (b) of this section, or 05 if a licensee, agent, or employee questions or has reason to question the validity of the 06 proof of age furnished, the licensee, employee, or agent shall require the person to sign 07 a statement that the person is over the age of 21 or 16 years, as appropriate; this [. 08 THIS] statement shall be made on a form prepared by and furnished to the licensee by 09 the board; 10 (2) is restricted from purchasing alcoholic beverages under 11 AS 04.16.160, the licensee, agent, or employee may, but has no duty or obligation 12 to, require the person to furnish proof acceptable under (b) of this section that 13 the person is not restricted from purchasing alcoholic beverages or require the 14 person to sign a statement that the person is not restricted from purchasing 15 alcoholic beverages under AS 04.16.160; this statement shall be made on a form 16 prepared by and furnished to the licensee by the board. 17 (b) Except as provided in AS 04.16.160, a [A] valid driver's license or a 18 valid identification card is acceptable as proof of age or that the person is not 19 restricted from purchasing alcoholic beverages when used for identification in the 20 purchase of alcoholic beverages and for securing entry to and remaining on premises 21 where alcoholic beverages are sold if the license or identification card is made of or 22 encased in plastic and contains a photograph of the licensee [LICENSE] or card holder 23 and a statement of age or date of birth. A licensee, agent, or employee may elect to 24 not accept a passport, military identification card, or other identification as proof 25 that the person is not restricted from purchasing alcoholic beverages and may 26 require the person to furnish a valid driver's license or state identification card 27 or otherwise furnish proof that the person is not a resident of this state. 28 (c) A licensee, or an agent or employee of the licensee, may not be charged for 29 a violation of AS 04.16.047 - 04.16.052 [AS 04.16.051 - 04.16.052] if a signed 30 statement as provided in (a) of this section is secured in good faith, or a valid driver's 31 license or identification card is presented indicating that the owner and possessor of
01 the presented driver's license or identification card is 21 or 16 years of age or over or 02 is not restricted from purchasing alcoholic beverages, as appropriate. 03 * Sec. 4. AS 18.65.310 is amended by adding new subsections to read: 04 (h) The department shall cancel the identification card of a person on whom a 05 restriction has been imposed under AS 04.16.160 unless the person's identification 06 card contains the information required by (i) of this section. A cancellation under this 07 subsection remains in effect only during the period of time that the person is restricted 08 from purchasing alcoholic beverages under AS 04.16.160. 09 (i) The department shall, to the extent it is able, mark the identification card of 10 an applicant who is restricted from purchasing alcoholic beverages under 11 AS 04.16.160 in the same manner required for a driver's license under AS 28.15.111. 12 A person who has received a marked identification card under this subsection may 13 apply for an unmarked card when the period of restriction under AS 04.16.160 has 14 expired. 15 (j) The department shall charge a fee of $50 for issuance of a marked 16 identification card under (i) of this section. 17 * Sec. 5. AS 28.15.111(a) is amended to read: 18 (a) Upon successful completion of the application and all required 19 examinations, and upon payment of the required fee, the department shall issue to 20 every qualified applicant a driver's license indicating the type or general class of 21 vehicles that the licensee may drive. The license must [DISPLAY] (1) display a 22 distinguishing number assigned to the license; (2) display the licensee's full name, 23 address, date of birth, brief physical description, and color photograph; (3) display 24 either a facsimile of the signature of the licensee or a space upon which the licensee 25 must write the licensee's usual signature with pen and ink; (4) display a holographic 26 symbol intended to prevent illegal alteration or duplication; [AND] (5) display, for a 27 qualified applicant who is under [AGE] 21 years of age, the words "UNDER 21"; and 28 (6) to the extent the department is able, be designed to allow the electronic 29 reading and electronic display of the information described under (2) of this 30 subsection and the electronic reading and display and a physical display on the 31 license that the person is restricted from purchasing alcoholic beverages under
01 AS 04.16.160. A license may not display the licensee's social security number and is 02 not valid until signed by the licensee. If facilities are not available for the taking of the 03 photograph required under this section, the department shall endorse on the license, 04 the words "valid without photograph." 05 * Sec. 6. AS 28.15.161(a) is amended to read: 06 (a) The department shall cancel a driver's license upon determination that 07 (1) the licensee is not medically or otherwise entitled to the issuance or 08 retention of the license, or has been adjudged incompetent to drive a motor vehicle; 09 (2) there is an error or defect in the license; 10 (3) the licensee failed to give the required or correct information in the 11 licensee's application; [OR] 12 (4) the license was obtained fraudulently; or 13 (5) the licensee is restricted from purchasing alcoholic beverages 14 under AS 04.16.160; if a license is cancelled under this paragraph, when a new 15 license is issued, it must reflect that restriction and the requirements of 16 AS 28.15.111 if the period of restriction under AS 04.16.160 is still in effect. 17 * Sec. 7. AS 28.15.191 is amended by adding new subsections to read: 18 (g) A court that has ordered a person to refrain from consuming alcoholic 19 beverages as part of a sentence for conviction of a crime under AS 28.35.030, 20 28.35.032, or a similar municipal ordinance or as a condition of probation or parole 21 following a conviction under those sections or a similar municipal ordinance shall 22 (1) require the surrender of the person's license and identification card 23 and forward the license and identification card to the department; 24 (2) report the order to the department within two days; and 25 (3) inform the person that the person's license and identification card 26 are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is 27 otherwise qualified to receive a license or identification card, when the person obtains 28 a new license or identification card, the license or identification card must list the 29 restriction imposed by AS 04.16.160 for the period of probation or parole. 30 (h) The board of parole shall notify the department within two days whenever 31 a person has been ordered to refrain from consuming alcoholic beverages as a
01 condition of parole, shall require the person to surrender their license and 02 identification card, and shall inform the person that the person's license and 03 identification card are subject to cancellation under AS 28.15.161, and that, if the 04 person is otherwise qualified to receive a license or identification card, when the 05 person obtains a new license or identification card, the license or identification card 06 must list the restriction imposed by AS 04.16.160. 07 * Sec. 8. AS 28.15.271 is amended by adding a new subsection to read: 08 (e) The department shall charge $50 for issuance of a new license to replace a 09 license cancelled under AS 28.15.161(a)(5) because the person is restricted from 10 purchasing alcoholic beverages under AS 04.16.160. 11 * Sec. 9. This Act takes effect January 1, 2008.