00 Enrolled HB 125
01 Moving the Alcoholic Beverage Control Board to the Department of Commerce, Community,
02 and Economic Development and relating to duties of that department; relating to the exercise
03 of peace officer powers granted by the Alcoholic Beverage Control Board; and providing for
04 an effective date.
06 * Section 1. AS 04.06.010 is amended to read:
07 Sec. 04.06.010. Establishment of board. There is established in the
08 Department of Commerce, Community, and Economic Development [PUBLIC
09 SAFETY] the Alcoholic Beverage Control Board as a regulatory and quasi-judicial
10 agency. The Board is in the Department of Commerce, Community, and Economic
11 Development [PUBLIC SAFETY], but for administrative purposes only.
12 * Sec. 2. AS 04.06.090(e) is amended to read:
13 (e) The board shall promptly notify all licensees and municipalities of major
14 changes to this title and to regulations adopted under this title. However, if changes
01 only affect specific classifications of licenses and permits, the board need only notify
02 those licensees and municipalities directly affected by the changes. Current copies of
03 this title and current copies of the regulations adopted under it shall be made available
04 at all offices in the state of the Department of Commerce, Community, and
05 Economic Development [PUBLIC SAFETY] and the detachment headquarters and
06 posts maintained by the division of Alaska state troopers in the Department of Public
08 * Sec. 3. AS 04.06.110 is amended to read:
09 Sec. 04.06.110. Peace officer powers. The director and the persons employed
10 for the administration and enforcement of this title may, with the concurrence of the
11 commissioner of public safety, exercise the powers of peace officers when those
12 powers are specifically granted by the board. Powers granted by the board under this
13 section may be exercised only when necessary for the enforcement of the criminally
14 punishable provisions of this title, regulations of the board, and other criminally
15 punishable laws and regulations, including investigation of violations of laws against
16 prostitution and promoting prostitution described in AS 11.66.100 - 11.66.130 and
17 laws against gambling, promoting gambling, and related offenses described in
18 AS 11.66.200 - 11.66.280. Unless authorized by a search warrant described in
19 AS 12.35, nothing in this section authorizes the use of metal keys, magnetic card
20 keys, or identification cards to access private clubs.
21 * Sec. 4. AS 04.11.590 is amended to read:
22 Sec. 04.11.590. Disposition of money. (a) Money collected from licenses and
23 civil fines under this title shall be transferred by the board to the Department of
24 Commerce, Community, and Economic Development [PUBLIC SAFETY] and
25 deposited in the general fund.
26 (b) A fee prescribed by the board in addition to fees authorized under this title
27 shall be transferred to the Department of Commerce, Community, and Economic
28 Development [PUBLIC SAFETY] and deposited in the general fund.
29 (c) The annual estimated balance in the account maintained by the
30 commissioner of administration under AS 37.05.142 may be used by the legislature to
31 make appropriations to the Department of Commerce, Community, and Economic
01 Development [PUBLIC SAFETY] to carry out the purposes of AS 04.06.
02 * Sec. 5. AS 04.11.610(b) is amended to read:
03 (b) If the officers of a municipality fail to actively enforce local ordinances,
04 laws of the United States and the state, and the regulations relating to the manufacture
05 and sale of alcoholic beverages in the state, the commissioner of commerce,
06 community, and economic development [PUBLIC SAFETY] may deny the refund
07 provided for under (a) of this section until the board finds the enforcement of the
08 ordinances, laws, and regulations is resumed.
09 * Sec. 6. AS 04.11.610(c) is amended to read:
10 (c) The Department of Commerce, Community, and Economic
11 Development [PUBLIC SAFETY] shall recover any amounts erroneously refunded
12 under (a) of this section. The Department of Commerce, Community, and Economic
13 Development [PUBLIC SAFETY] shall schedule repayments of erroneously refunded
14 amounts over a sufficient period of time to minimize financial hardship to the
15 municipality involved.
16 * Sec. 7. AS 44.33.020(a) is amended by adding a new paragraph to read:
17 (45) supply necessary clerical and administrative services for the
18 Alcoholic Beverage Control Board.
19 * Sec. 8. AS 44.41.020(e) is repealed.
20 * Sec. 9. This Act takes effect July 1, 2012.