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SB 165: "An Act relating to the presence of minors in the licensed premises of manufacturers, wholesalers, and retailers of alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to the offense of minor consuming; relating to revocation of a driver's license for a minor consuming offense; relating to the effect of the revocation of a driver's license for a minor consuming offense on a motor vehicle liability insurance policy; and amending Rule 17, Alaska Rules of Minor Offense Procedure."

00                             SENATE BILL NO. 165                                                                         
01 "An Act relating to the presence of minors in the licensed premises of manufacturers,                                   
02 wholesalers, and retailers of alcoholic beverages; relating to the Alcoholic Beverage                                   
03 Control Board; relating to the offense of minor consuming; relating to revocation of a                                  
04 driver's license for a minor consuming offense; relating to the effect of the revocation of                             
05 a driver's license for a minor consuming offense on a motor vehicle liability insurance                                 
06 policy; and amending Rule 17, Alaska Rules of Minor Offense Procedure."                                                 
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1. AS 04.06.020 is repealed and reenacted to read:                                                       
09            Sec. 04.06.020. Appointment and qualifications. (a) The board consists of                                  
10       five members appointed by the governor and confirmed by a majority of the members                                 
11       of the legislature in joint session. A member of the board may not hold any other state                           
12       or federal office, either elective or appointive.                                                                 
13            (b)  Except as provided in (c) and (d) of this section, at the time of appointment                           
01       or reappointment, one member of the board shall be actively engaged in the public                                 
02       safety sector, one member shall be actively engaged in the public health sector, one                              
03       member shall have resided in a rural area within the previous five years, and two                                 
04       members shall be actively engaged in the alcoholic beverage industry.                                             
05            (c)  If the director, within five years of appointment, was actively engaged in                              
06       the alcoholic beverage industry, then only one board member may be actively engaged                               
07       in the alcoholic beverage industry. If the director, within five years of appointment,                            
08       was actively engaged in the public safety sector or the public health sector, then one                            
09       board member shall be from the general public. When the governor appoints a new                                   
10       director under AS 04.06.070, the governor shall take the new director's experience in                             
11       the alcoholic beverage industry, public safety sector, or public health sector into                               
12       account in making appointments to the board; however, an existing board member                                    
13       with experience in that industry or sector may serve the remainder of that member's                               
14       term.                                                                                                             
15            (d)  A member may not hold a wholesale alcoholic beverage license or be an                                   
16       officer, agent, or employee of a wholesale alcoholic beverage enterprise. Not more                                
17       than two members of the board may be engaged in the same business, occupation, or                                 
18       profession. A board member actively engaged in the public safety sector or public                                 
19       health sector, from a rural area, or representing the general public may not have, or                             
20       have an immediate family member who has, a financial interest in a business for                                   
21       which a license is issued.                                                                                        
22            (e)  In this section,                                                                                        
23                 (1)  "immediate family member" means a spouse, child, or parent;                                        
24                 (2)  "public health sector" means a profession that primarily has the                                   
25       responsibility to protect the safety and improve the health of communities through                                
26       education, policy making, and research for disease and injury prevention;                                         
27                 (3)  "public safety sector" means a peace officer, a municipal or state                                 
28       prosecutor, a former judicial officer, or a profession that primarily has the authority to                        
29       provide for the welfare and protection of the general public through the enforcement                              
30       of municipal, state, or federal laws;                                                                             
31                 (4)  "rural area" means a community with a population of 7,000 or less                                  
01       that is not connected by road or rail to Anchorage or Fairbanks or with a population of                           
02       2,000 or less that is connected by road or rail to Anchorage or Fairbanks; in this                                
03       paragraph,                                                                                                        
04                      (A)  "community" means a city as that term is defined in                                           
05            AS 29.71.800, and an established village that is located in a borough or the                                 
06            unorganized borough;                                                                                         
07                      (B)  "population" means the population of a community as                                           
08            determined under AS 29.60.860(c).                                                                            
09    * Sec. 2. AS 04.06.030(c) is amended to read:                                                                      
10            (c)  The board shall select a chair [CHAIRMAN] from among its members.                                   
11    * Sec. 3. AS 04.06.050 is amended to read:                                                                         
12            Sec. 04.06.050. Meetings. The board shall meet at the call of the chair                                
13       [CHAIRMAN]. The board shall also meet at least once each year in each judicial                                    
14       district of the state to study this title and to modify existing board regulations in light                       
15       of statewide and local problems.                                                                                  
16    * Sec. 4. AS 04.16.049(a) is amended to read:                                                                      
17            (a)  A person under [THE AGE OF] 21 years of age may not knowingly enter                                 
18       or remain in premises licensed under this title unless                                                            
19                 (1)  accompanied by a parent, guardian, or spouse who has attained                                      
20       [THE AGE OF] 21 years of age;                                                                                 
21                 (2)  the person is at least 16 years of age, the premises are designated                                
22       by the board as a restaurant for the purposes of this section, and the person enters and                          
23       remains only for dining;                                                                                          
24                 (3)  the person is under [THE AGE OF] 16 years of age, is                                           
25       accompanied by a person over [THE AGE OF] 21 years of age, the parent or guardian                             
26       of the underaged person consents, the premises are designated by the board as a                                   
27       restaurant for the purposes of this section, and the person enters and remains only for                           
28       dining; [OR]                                                                                                      
29                 (4)  the person is permitted on the premises under a club license issued                            
30       under AS 04.11.110(g); or                                                                                 
31                 (5)  otherwise provided under (c), (d), or (g) of this section.                                     
01    * Sec. 5. AS 04.16.049(b) is amended to read:                                                                      
02            (b)  Notwithstanding (a) of this section, a licensee or an agent or employee of                              
03       the licensee may refuse entry to a person under [THE AGE OF] 21 years of age to that                          
04       part of licensed premises in which alcoholic beverages are sold, served, or consumed,                             
05       may refuse service to a person under [THE AGE OF] 21 years of age, or may require                             
06       a person under [THE AGE OF] 21 years of age to leave the portion of the licensed                              
07       premises in which alcoholic beverages are sold, served, or consumed.                                              
08    * Sec. 6. AS 04.16.049(c) is amended to read:                                                                      
09            (c)  Notwithstanding any other provision in this section, a person 16 or 17                                  
10       years of age may enter and remain within the licensed premises of a hotel, golf course,                       
11       or restaurant [,] or eating place in the course of employment if (1) the employment                           
12       does not involve the serving, mixing, delivering, or dispensing of alcoholic beverages;                           
13       (2) the person has the written consent of a parent or guardian; and (3) an exemption                              
14       from the prohibition of AS 23.10.355 is granted by the Department of Labor and                                    
15       Workforce Development. The board, with the approval of the governing body having                                  
16       jurisdiction and at the licensee's request, shall designate which premises are hotels,                            
17       golf courses, restaurants, or eating places for the purposes of this subsection.                              
18    * Sec. 7. AS 04.16.049(d) is amended to read:                                                                      
19            (d)  Notwithstanding any other provision in this section, a person 18, 19, or 20                             
20       years of age may be employed within the licensed premises of a hotel, golf course, or                         
21       restaurant [,] or eating place, may enter and remain within those premises for the                                
22       purpose of employment, but may not, in the course of employment, sell, serve, deliver,                            
23       or dispense alcoholic beverages.                                                                                  
24    * Sec. 8. AS 04.16.049 is amended by adding new subsections to read:                                               
25            (g)  Notwithstanding any other provision in this section, a person under 21                                  
26       years of age may be present on licensed premises on a golf course for the purpose of                              
27       playing golf or attending golf-related activities if the person                                                   
28                 (1)  is at least 16 years of age; or                                                                    
29                 (2)  is under 16 years of age and                                                                       
30                      (A)  the person is accompanied by a person who is at least 21                                      
31            years of age; and                                                                                            
01                      (B)  a parent or guardian of the underage person consents.                                         
02            (h)  A person under 21 years of age who knowingly enters or remains on                                       
03       premises licensed under this title except as allowed in this section commits the offense                          
04       of unauthorized presence by a person under 21 years of age on licensed premises.                                  
05            (i)  Unauthorized presence by a person under 21 years of age on licensed                                     
06       premises is a violation, punishable by a fine of $500. The violation must be charged                              
07       and filed with the court as a separate case and may not be combined or joined with any                            
08       other minor offense or criminal charge in one action at the time of filing. A court may                           
09       reduce the fine to $50 if the person provides the court, not later than six months after a                        
10       judgment of conviction is entered, with proof of completion of an alcohol safety action                           
11       program or a juvenile alcohol safety action program developed, designated, or                                     
12       approved by the Department of Health and Social Services under AS 47.37.                                          
13    * Sec. 9. AS 04.16.050 is repealed and reenacted to read:                                                          
14            Sec. 04.16.050. Possession, control, or consumption by persons under the                                   
15       age of 21. (a) A person under 21 years of age may not knowingly consume, possess, or                            
16       control alcoholic beverages except those furnished to persons under AS 04.16.051(b).                              
17            (b)  A person under 21 years of age who knowingly consumes, possesses, or                                    
18       controls an alcoholic beverage other than an alcoholic beverage furnished under                                   
19       AS 04.16.051(b) commits the offense of minor consuming or in possession or control.                               
20            (c)  Minor consuming or in possession or control is a violation, punishable by a                             
21       fine of $500. The violation must be charged and filed with the court as a separate case                           
22       and may not be combined or joined with any other minor offense or criminal charge in                              
23       one action at the time of filing. A court may reduce the fine to $50 if the person                                
24       provides the court, not later than six months after a judgment of conviction is entered,                          
25       with proof of completion of an alcohol safety action program or a juvenile alcohol                                
26       safety action program developed, designated, or approved by the Department of                                     
27       Health and Social Services under AS 47.37.                                                                        
28    * Sec. 10. AS 04.16.180(d) is amended to read:                                                                     
29            (d)  In addition to other penalties provided in this chapter, the court may                                  
30       require a person convicted of a crime [AN OFFENSE] under this chapter who was                                 
31       less than 21 years of age at the time the person committed the crime [OFFENSE] to                             
01       pay for and enroll in a juvenile alcohol safety action program if one is available.                               
02    * Sec. 11. AS 04.21.065(b) is amended to read:                                                                     
03            (b)  The warning signs required by (a) of this section must be at least 11 inches                            
04       by 14 inches, and the lettering must be at least one-half inch high and in contrasting                        
05       colors. The first sign must read, "WARNING: Drinking alcoholic beverages such as                                  
06       beer, wine, wine coolers, and distilled spirits or smoking cigarettes during pregnancy                            
07       can cause birth defects." The second sign must read, "WARNING: A person who                                       
08       provides alcoholic beverages to a person under 21 years of age, if convicted under                                
09       AS 04.16.051, could be imprisoned for up to five years and fined up to $50,000." The                              
10       third sign must read, "WARNING: An unaccompanied [A] person under 21 years of                                 
11       age who enters these premises in violation of law may [COULD], under                                          
12       AS 04.16.049(e), be civilly liable for damages of $1,500." The license or permit                                  
13       holder shall display the first and second signs in a manner that would make them                                  
14       conspicuous to a person who will be purchasing or consuming alcoholic beverages or                                
15       smoking cigarettes on the licensed or designated premises and shall conspicuously                                 
16       display the third sign at each door through which customers enter the licensed                                    
17       premises.                                                                                                         
18    * Sec. 12. AS 04.21 is amended by adding a new section to read:                                                    
19            Sec. 04.21.078. Court records of persons under 21 years of age. The Alaska                                 
20       Court System may not publish on a publicly available website the court records of a                               
21       violation of AS 04.16.049 or 04.16.050 if the violation was charged separately and                                
22       was not joined with any other minor offense or criminal charge at the time of filing.                             
23    * Sec. 13. AS 21.36.210(a) is amended to read:                                                                     
24            (a)  An insurer may not exercise its right to cancel a policy of personal                                    
25       automobile insurance except for the following reasons:                                                            
26                 (1)  nonpayment of premium; or                                                                          
27                 (2)  the driver's license or motor vehicle registration of either the named                             
28       insured or of an operator who resides in the same household as the named insured or                               
29       who customarily operates a motor vehicle insured under the policy has been under                                  
30       suspension or revocation during the policy period or, if the policy is a renewal, during                          
31       its policy period or the 180 days immediately preceding its effective date [; THIS                                
01       PARAGRAPH DOES NOT APPLY TO REVOCATION AS DESCRIBED UNDER                                                         
02       AS 21.96.027].                                                                                                    
03    * Sec. 14. AS 28.15.057(a) is amended to read:                                                                     
04            (a)  Except as provided under AS 28.15.051, a person who is at least 16 years                                
05       of age but not yet 18 years of age may not be issued a driver's license unless the                                
06       person has                                                                                                        
07                 (1)  been licensed under an instruction permit issued under                                             
08       AS 28.15.051 or under the law of another state with substantially similar requirements                            
09       for at least six months;                                                                                          
10                 (2)  held a valid provisional driver's license issued under AS 28.15.055                                
11       for at least six months; and                                                                                      
12                 (3)  not been convicted of violating a traffic law [, OR BEEN                                           
13       CONVICTED OF VIOLATING AS 04.16.050(c),] during the six months before                                             
14       applying for a driver's license; in this paragraph, "traffic law" has the meaning given to                        
15       "traffic laws" in AS 28.15.261.                                                                                   
16    * Sec. 15. AS 28.15.191(a) is amended to read:                                                                     
17            (a)  A court that convicts a person of an offense under this title or a regulation                           
18       adopted under this title, or another law or regulation of this state or a municipal                               
19       ordinance that regulates the driving of vehicles [, OR A VIOLATION OF                                             
20       AS 04.16.050] shall forward a record of the conviction to the department within five                              
21       working days. A conviction of a standing or parking offense need not be reported.                                 
22    * Sec. 16. AS 28.15.211(g) is amended to read:                                                                     
23            (g)  Except as provided under AS 28.15.183(h), the department may not issue a                                
24       new license or reissue a license to a person whose driver's license has been revoked                              
25       under [AS 04.16.050,] AS 28.15.183 [,] or 28.15.185 unless the person, if required to                             
26       participate in a juvenile alcohol safety action program, has successfully completed any                           
27       education or treatment recommended. In this subsection, "juvenile alcohol safety                                  
28       action program" has the meaning given in AS 04.21.080.                                                            
29    * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to                         
30 read:                                                                                                                   
31            DIRECT COURT RULE AMENDMENT. Rule 17(a), Alaska Rules of Minor                                               
01       Offense Procedure, is amended to read:                                                                            
02            (a)  Except as provided in subsection (g), a [A] prosecutor may join a minor                             
03       offense with a related criminal offense under the circumstances described in Criminal                             
04       Rule 8(a).                                                                                                        
05    * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to                         
06 read:                                                                                                                   
07            DIRECT COURT RULE AMENDMENT. Rule 17, Alaska Rules of Minor                                                  
08       Offense Procedure, is amended by adding a new subsection to read:                                                 
09            (g)  A prosecutor may not join a minor offense for a violation of AS 04.16.049                               
10       or 04.16.050 with a related criminal offense.                                                                     
11    * Sec. 19. AS 21.96.027; AS 28.15.176(1), 28.15.181(h), 28.15.185(e); AS 47.12.030(b)(5),                          
12 47.12.060(b)(4), and 47.12.120(k) are repealed.                                                                         
13    * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to                         
14 read:                                                                                                                   
15       APPLICABILITY. AS 04.16.049(a) - (d), as amended by secs. 4 - 7 of this Act,                                      
16 AS 04.16.049(g) - (i), added by sec. 8 of this Act, AS 04.16.050, as repealed and reenacted by                          
17 sec. 9 of this Act, and AS 04.16.180(d), as amended by sec. 10 of this Act, apply to offenses                           
18 committed on or after the effective date of this Act.                                                                   
19    * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to                         
20 read:                                                                                                                   
21       TRANSITION. A person who is a member of the Alcoholic Beverage Control Board                                      
22 on the day before the effective date of this Act continues to serve until the expiration of the                         
23 member's term. The governor shall take the requirements of AS 04.06.020, as repealed and                                
24 reenacted by sec. 1 of this Act, into account in making new appointments.