Enrolled SB 165: 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 background checks for persons applying to operate marijuana establishments; 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; relating to the membership of the Board of Barbers and Hairdressers; and amending Rule 17, Alaska Rules of Minor Offense Procedure.
00Enrolled SB 165 01 Relating to the presence of minors in the licensed premises of manufacturers, wholesalers, and 02 retailers of alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to 03 background checks for persons applying to operate marijuana establishments; relating to the 04 offense of minor consuming; relating to revocation of a driver's license for a minor consuming 05 offense; relating to the effect of the revocation of a driver's license for a minor consuming 06 offense on a motor vehicle liability insurance policy; relating to the membership of the Board 07 of Barbers and Hairdressers; and amending Rule 17, Alaska Rules of Minor Offense 08 Procedure. 09 _______________ 10 * Section 1. AS 04.06.020 is repealed and reenacted to read: 11 Sec. 04.06.020. Appointment and qualifications. (a) The board consists of 12 five members appointed by the governor and confirmed by a majority of the members
01 of the legislature in joint session. A member of the board may not hold any other state 02 or federal office, either elective or appointive. 03 (b) Except as provided in (c) of this section, at the time of appointment or 04 reappointment, one member of the board shall be actively engaged in the public safety 05 sector, one member of the board shall represent the general public, one member of the 06 board shall have resided in a rural area within the previous five years, and two 07 members of the board shall be actively engaged in the alcoholic beverage industry. 08 (c) A member of the board may not hold a wholesale alcoholic beverage 09 license or be an officer, agent, or employee of a wholesale alcoholic beverage 10 enterprise. Not more than two members of the board may be engaged in the same 11 business, occupation, or profession. A board member actively engaged in the public 12 safety sector, from a rural area, or representing the general public may not have, or 13 have an immediate family member who has, a financial interest in a business for 14 which a license is issued. A board member representing the general public may not be 15 affiliated with the public safety sector or the public health sector. 16 (d) In this section, 17 (1) "immediate family member" means a spouse, child, or parent; 18 (2) "public health sector" means a profession that primarily has the 19 responsibility to protect the safety and improve the health of communities through 20 education, policy making, and research for disease and injury prevention; 21 (3) "public safety sector" means a peace officer, a municipal or state 22 prosecutor, a former judicial officer, or a profession that primarily has the authority to 23 provide for the welfare and protection of the general public through the enforcement 24 of municipal, state, or federal laws; 25 (4) "rural area" means a community with a population of 7,000 or less 26 that is not connected by road or rail to Anchorage or Fairbanks or with a population of 27 2,000 or less that is connected by road or rail to Anchorage or Fairbanks; in this 28 paragraph, 29 (A) "community" means a city as that term is defined in 30 AS 29.71.800, and an established village that is located in a borough or the 31 unorganized borough;
01 (B) "population" means the population of a community as 02 determined under AS 29.60.860(c). 03 * Sec. 2. AS 04.06.030(c) is amended to read: 04 (c) The board shall select a chair [CHAIRMAN] from among its members. 05 * Sec. 3. AS 04.06.050 is amended to read: 06 Sec. 04.06.050. Meetings. The board shall meet at the call of the chair 07 [CHAIRMAN]. The board shall also meet at least once each year in each judicial 08 district of the state to study this title and to modify existing board regulations in light 09 of statewide and local problems. 10 * Sec. 4. AS 04.16.049(a) is amended to read: 11 (a) A person under [THE AGE OF] 21 years of age may not knowingly enter 12 or remain in premises licensed under this title unless 13 (1) accompanied by a parent, guardian, or spouse who has attained 14 [THE AGE OF] 21 years of age; 15 (2) the person is at least 16 years of age, the premises are designated 16 by the board as a restaurant for the purposes of this section, and the person enters and 17 remains only for dining; 18 (3) the person is under [THE AGE OF] 16 years of age, is 19 accompanied by a person over [THE AGE OF] 21 years of age, the parent or guardian 20 of the underaged person consents, the premises are designated by the board as a 21 restaurant for the purposes of this section, and the person enters and remains only for 22 dining; [OR] 23 (4) the person is permitted on the premises under a club license issued 24 under AS 04.11.110(g); or 25 (5) otherwise provided under (c), (d), or (g) of this section. 26 * Sec. 5. AS 04.16.049(b) is amended to read: 27 (b) Notwithstanding (a) of this section, a licensee or an agent or employee of 28 the licensee may refuse entry to a person under [THE AGE OF] 21 years of age to that 29 part of licensed premises in which alcoholic beverages are sold, served, or consumed, 30 may refuse service to a person under [THE AGE OF] 21 years of age, or may require 31 a person under [THE AGE OF] 21 years of age to leave the portion of the licensed
01 premises in which alcoholic beverages are sold, served, or consumed. 02 * Sec. 6. AS 04.16.049(c) is amended to read: 03 (c) Notwithstanding any other provision in this section, a person 16 or 17 04 years of age may enter and remain within the licensed premises of a hotel, golf course, 05 or restaurant [,] or eating place in the course of employment if (1) the employment 06 does not involve the serving, mixing, delivering, or dispensing of alcoholic beverages; 07 (2) the person has the written consent of a parent or guardian; and (3) an exemption 08 from the prohibition of AS 23.10.355 is granted by the Department of Labor and 09 Workforce Development. The board, with the approval of the governing body having 10 jurisdiction and at the licensee's request, shall designate which premises are hotels, 11 golf courses, restaurants, or eating places for the purposes of this subsection. 12 * Sec. 7. AS 04.16.049(d) is amended to read: 13 (d) Notwithstanding any other provision in this section, a person 18, 19, or 20 14 years of age may be employed within the licensed premises of a hotel, golf course, or 15 restaurant [,] or eating place, may enter and remain within those premises for the 16 purpose of employment, but may not, in the course of employment, sell, serve, deliver, 17 or dispense alcoholic beverages. 18 * Sec. 8. AS 04.16.049 is amended by adding new subsections to read: 19 (g) Notwithstanding any other provision in this section, a person under 21 20 years of age may be present on licensed premises on a golf course for the purpose of 21 playing golf or attending golf-related activities if the person 22 (1) is at least 16 years of age; or 23 (2) is under 16 years of age and 24 (A) the person is accompanied by a person who is at least 21 25 years of age; and 26 (B) a parent or guardian of the underaged person consents. 27 (h) A person under 21 years of age who knowingly enters or remains on 28 premises licensed under this title except as allowed in this section commits the offense 29 of unauthorized presence by a person under 21 years of age on licensed premises. 30 (i) Unauthorized presence by a person under 21 years of age on licensed 31 premises is a violation, punishable by a fine of $500. The violation must be charged
01 and filed with the court as a separate case and may not be combined or joined with any 02 other minor offense or criminal charge in one action at the time of filing. A court may 03 reduce the fine to $50 for a person who has not more than one previous violation or to 04 $250 for a person who has two or more previous violations if the person provides the 05 court, not later than six months after a judgment of conviction is entered, with proof of 06 completion of 07 (1) an alcohol safety action program or a juvenile alcohol safety action 08 program developed, designated, or approved by the Department of Health and Social 09 Services under AS 47.37; or 10 (2) a community diversion panel. 11 * Sec. 9. AS 04.16.050 is repealed and reenacted to read: 12 Sec. 04.16.050. Possession, control, or consumption by persons under 21 13 years of age. (a) A person under 21 years of age may not knowingly consume, 14 possess, or control alcoholic beverages except those furnished to persons under 15 AS 04.16.051(b). 16 (b) A person under 21 years of age who knowingly consumes, possesses, or 17 controls an alcoholic beverage other than an alcoholic beverage furnished under 18 AS 04.16.051(b) commits the offense of minor consuming or in possession or control. 19 (c) Minor consuming or in possession or control is a violation, punishable by a 20 fine of $500. The violation must be charged and filed with the court as a separate case 21 and may not be combined or joined with any other minor offense or criminal charge in 22 one action at the time of filing. A court may reduce the fine to $50 for a person who 23 has not more than one previous violation or to $250 for a person who has two or more 24 previous violations if the person provides the court, not later than six months after a 25 judgment of conviction is entered, with proof of completion of 26 (1) an alcohol safety action program or a juvenile alcohol safety action 27 program developed, designated, or approved by the Department of Health and Social 28 Services under AS 47.37; or 29 (2) a community diversion panel. 30 * Sec. 10. AS 04.21.065(b) is amended to read: 31 (b) The warning signs required by (a) of this section must be at least 11 inches
01 by 14 inches, and the lettering must be at least one-half inch high and in contrasting 02 colors. The first sign must read, "WARNING: Drinking alcoholic beverages such as 03 beer, wine, wine coolers, and distilled spirits or smoking cigarettes during pregnancy 04 can cause birth defects." The second sign must read, "WARNING: A person who 05 provides alcoholic beverages to a person under 21 years of age, if convicted under 06 AS 04.16.051, could be imprisoned for up to five years and fined up to $50,000." The 07 third sign must read, "WARNING: An unaccompanied [A] person under 21 years of 08 age who enters these premises in violation of law may [COULD], under 09 AS 04.16.049(e), be civilly liable for damages of $1,500." The license or permit 10 holder shall display the first and second signs in a manner that would make them 11 conspicuous to a person who will be purchasing or consuming alcoholic beverages or 12 smoking cigarettes on the licensed or designated premises and shall conspicuously 13 display the third sign at each door through which customers enter the licensed 14 premises. 15 * Sec. 11. AS 04.21 is amended by adding a new section to read: 16 Sec. 04.21.078. Court records of persons under 21 years of age. The Alaska 17 Court System may not publish on a publicly available website the court records of a 18 violation of AS 04.16.049 or 04.16.050, or a similar ordinance of a municipality, if the 19 violation was charged separately and was not joined with any other minor offense or 20 criminal charge at the time of filing. 21 * Sec. 12. AS 04.21.080(b) is amended by adding a new paragraph to read: 22 (20) "community diversion panel" means a youth court or other group 23 serving as a sentencing option for a person convicted under this title. 24 * Sec. 13. AS 08.13.010 is amended to read: 25 Sec. 08.13.010. Creation and membership of board. (a) There is created the 26 Board of Barbers and Hairdressers consisting of seven [SIX] members appointed by 27 the governor. 28 (b) The board consists of 29 (1) one person [TWO PERSONS] licensed as a barber [BARBERS] 30 under this chapter; 31 (2) one person licensed to practice body piercing or licensed to
01 practice tattooing and permanent cosmetic coloring under this chapter; 02 (3) two persons licensed as hairdressers under this chapter, one of 03 whom is also licensed as an esthetician under this chapter; [AND] 04 (4) one public member; 05 (5) one person licensed to practice manicuring under this chapter; 06 and 07 (6) one person licensed to practice any activity licensed under this 08 chapter. 09 * Sec. 14. AS 12.62.400(a) is amended to read: 10 (a) To obtain a national criminal history record check for determining a 11 person's qualifications for a license, permit, registration, employment, or position, a 12 person shall submit the person's fingerprints to the department with the fee established 13 by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 14 of Investigation to obtain a national criminal history record check of the person for the 15 purpose of evaluating a person's qualifications for 16 (1) a license or conditional contractor's permit to manufacture, sell, 17 offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 18 under AS 04.11; 19 (2) licensure as a mortgage lender, a mortgage broker, or a mortgage 20 loan originator under AS 06.60; 21 (3) admission to the Alaska Bar Association under AS 08.08; 22 (4) licensure as a collection agency operator under AS 08.24; 23 (5) a certificate of fitness to handle explosives under AS 08.52; 24 (6) licensure as a massage therapist under AS 08.61; 25 (7) licensure to practice nursing or certification as a nurse aide under 26 AS 08.68; 27 (8) certification as a real estate appraiser under AS 08.87; 28 (9) a position involving supervisory or disciplinary power over a minor 29 or dependent adult for which criminal justice information may be released under 30 AS 12.62.160(b)(9); 31 (10) a teacher certificate under AS 14.20;
01 (11) licensure as a security guard under AS 18.65.400 - 18.65.490; 02 (12) a concealed handgun permit under AS 18.65.700 - 18.65.790; 03 (13) licensure as an insurance producer, managing general agent, 04 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 05 broker, or independent adjuster under AS 21.27; 06 (14) serving and executing process issued by a court by a person 07 designated under AS 22.20.130; 08 (15) a school bus driver license under AS 28.15.046; 09 (16) licensure as an operator or an instructor for a commercial driver 10 training school under AS 28.17; 11 (17) registration as a broker-dealer, agent, investment adviser 12 representative, or state investment adviser under AS 45.55.030 - 45.55.060; 13 (18) a registration or license to operate a marijuana establishment 14 under AS 17.38. 15 * Sec. 15. AS 17.38.200(a) is amended to read: 16 (a) Each application or renewal application for a registration to operate a 17 marijuana establishment shall be submitted to the board. A renewal application may be 18 submitted up to 90 days before [PRIOR TO] the expiration of the marijuana 19 establishment's registration. When filing an application under this subsection, the 20 applicant shall submit the applicant's fingerprints and the fees required by the 21 Department of Public Safety under AS 12.62.160 for criminal justice information 22 and a national criminal history record check. The board shall forward the 23 fingerprints and fees to the Department of Public Safety to obtain a report of 24 criminal justice information under AS 12.62 and a national criminal history 25 record check under AS 12.62.400. 26 * Sec. 16. AS 21.36.210(a) is amended to read: 27 (a) An insurer may not exercise its right to cancel a policy of personal 28 automobile insurance except for the following reasons: 29 (1) nonpayment of premium; or 30 (2) the driver's license or motor vehicle registration of either the named 31 insured or of an operator who resides in the same household as the named insured or
01 who customarily operates a motor vehicle insured under the policy has been under 02 suspension or revocation during the policy period or, if the policy is a renewal, during 03 its policy period or the 180 days immediately preceding its effective date [; THIS 04 PARAGRAPH DOES NOT APPLY TO REVOCATION AS DESCRIBED UNDER 05 AS 21.96.027]. 06 * Sec. 17. AS 28.15.057(a) is amended to read: 07 (a) Except as provided under AS 28.15.051, a person who is at least 16 years 08 of age but not yet 18 years of age may not be issued a driver's license unless the 09 person has 10 (1) been licensed under an instruction permit issued under 11 AS 28.15.051 or under the law of another state with substantially similar requirements 12 for at least six months; 13 (2) held a valid provisional driver's license issued under AS 28.15.055 14 for at least six months; and 15 (3) not been convicted of violating a traffic law [, OR BEEN 16 CONVICTED OF VIOLATING AS 04.16.050(c),] during the six months before 17 applying for a driver's license; in this paragraph, "traffic law" has the meaning given to 18 "traffic laws" in AS 28.15.261. 19 * Sec. 18. AS 28.15.191(a) is amended to read: 20 (a) A court that convicts a person of an offense under this title or a regulation 21 adopted under this title, or another law or regulation of this state or a municipal 22 ordinance that regulates the driving of vehicles [, OR A VIOLATION OF 23 AS 04.16.050] shall forward a record of the conviction to the department within five 24 working days. A conviction of a standing or parking offense need not be reported. 25 * Sec. 19. AS 28.15.211(g) is amended to read: 26 (g) Except as provided under AS 28.15.183(h), the department may not issue a 27 new license or reissue a license to a person whose driver's license has been revoked 28 under [AS 04.16.050,] AS 28.15.183 [,] or 28.15.185 unless the person, if required to 29 participate in a juvenile alcohol safety action program, has successfully completed any 30 education or treatment recommended. In this subsection, "juvenile alcohol safety 31 action program" has the meaning given in AS 04.21.080.
01 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DIRECT COURT RULE AMENDMENT. Rule 17(a), Alaska Rules of Minor 04 Offense Procedure, is amended to read: 05 (a) Except as provided in subsection (g), a [A] prosecutor may join a minor 06 offense with a related criminal offense under the circumstances described in Criminal 07 Rule 8(a). 08 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 DIRECT COURT RULE AMENDMENT. Rule 17, Alaska Rules of Minor 11 Offense Procedure, is amended by adding a new subsection to read: 12 (g) A prosecutor may not join a minor offense for a violation of AS 04.16.049 13 or 04.16.050 with a related criminal offense. 14 * Sec. 22. AS 21.96.027; AS 28.15.176(1), 28.15.181(h), 28.15.185(e); AS 47.12.030(b)(5), 15 47.12.060(b)(4), and 47.12.120(k) are repealed. 16 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. AS 04.16.049(a) - (d), as amended by secs. 4 - 7 of this Act, 19 AS 04.16.049(g) - (i), added by sec. 8 of this Act, AS 04.16.050, as repealed and reenacted by 20 sec. 9 of this Act, and AS 04.21.080(b)(20), added by sec. 12 of this Act, apply to offenses 21 committed on or after the effective date of this Act. 22 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION. (a) A person who is a member of the Alcoholic Beverage Control 25 Board on the day before the effective date of this Act continues to serve until the expiration of 26 the member's term. The governor shall take the requirements of AS 04.06.020, as repealed 27 and reenacted by sec. 1 of this Act, into account in making new appointments. 28 (b) Notwithstanding the provisions of AS 08.13.010, as amended by sec. 13 of this 29 Act, the members of the Board of Barbers and Hairdressers appointed under 30 AS 08.13.010(b)(1) who are serving on the effective date of sec. 13 of this Act may continue 31 to serve the term for which the member was appointed after the effective date of sec. 13 of
01 this Act. The member described under AS 08.13.010(b)(6), as amended by sec. 13 of this Act, 02 shall be appointed as soon after the effective date of sec. 13 of this Act as there is a vacancy in 03 the members appointed under AS 08.13.010(b)(1). 04 (c) The first person appointed under AS 08.13.010(b)(1), as it read on the day before 05 the effective date of sec. 13 of this Act, whose term expires after the effective date of sec. 13 06 of this Act shall be replaced with a person meeting the qualifications under 07 AS 08.13.010(b)(6).