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 AS 04.06.020 is repealed and reenacted to read:                                                       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