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 AS 04.06.020 is repealed and reenacted to read: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
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
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
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
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
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
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
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.