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SB 52: "An Act relating to alcoholic beverages; relating to the regulation of manufacturers, wholesalers, and retailers of alcoholic beverages; relating to licenses, endorsements, and permits involving alcoholic beverages; relating to common carrier approval to transport or deliver alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to offenses involving alcoholic beverages; amending Rule 17(h), Alaska Rules of Minor Offense Procedure; and providing for an effective date."

00                             SENATE BILL NO. 52                                                                          
01 "An Act relating to alcoholic beverages; relating to the regulation of manufacturers,                                   
02 wholesalers, and retailers of alcoholic beverages; relating to licenses, endorsements, and                              
03 permits involving alcoholic beverages; relating to common carrier approval to transport                                 
04 or deliver alcoholic beverages; relating to the Alcoholic Beverage Control Board;                                       
05 relating to offenses involving alcoholic beverages; amending Rule 17(h), Alaska Rules of                                
06 Minor Offense Procedure; and providing for an effective date."                                                          
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1. AS 04.06 is amended by adding a new section to read:                                                  
09            Sec. 04.06.005. Declaration of policy; purpose; finding. It is the policy of                               
10 the state that controlling the manufacture, distribution, barter, possession, and sale of                               
11 alcoholic beverages in the state is necessary to promote the health and safety of the                                   
12 people of the state. It is the purpose of this title to carry out the state's policy in the                             
13 public interest. The legislature finds that observance of this title, regulations adopted                               
01       by the board, and other applicable laws, local ordinances, and regulations is in the                              
02       interest of the public, people holding licenses or permits under this title, and the                              
03       alcoholic beverage industry in general.                                                                           
04    * Sec. 2. AS 04.06.075 is amended by adding a new subsection to read:                                              
05            (c)  The director shall prepare and submit to the board an annual budget for the                             
06       board that includes funding for administration, enforcement, education, training, and                             
07       prevention activities under this title.                                                                           
08    * Sec. 3. AS 04.06.080 is amended to read:                                                                         
09            Sec. 04.06.080. Delegation of authority. The director shall issue, renew,                                  
10 transfer, suspend, or revoke all licenses, endorsements, and permits at the direction of                            
11 the board. However, notwithstanding AS 04.06.090(b) [AS 04.11.070], the board may                                   
12 delegate authority to the director to temporarily grant or deny the issuance, renewal, or                               
13 transfer of licenses, endorsements, and permits. The director's temporary grant or                                  
14 denial of the issuance, renewal, or transfer of a license, endorsement, or permit is not                            
15 binding on the board. The board may delegate to the director any other duty imposed                                 
16       by this title except its power to propose and adopt regulations.                                                
17    * Sec. 4. AS 04.06.090(b) is amended to read:                                                                      
18 (b)  Only the board may issue, renew, transfer, relocate, suspend, or                                               
19 revoke a license or endorsement under this title. The board shall review all                                        
20 applications for licenses and endorsements made under this title and may order the                                  
21 director to issue, renew, revoke, transfer, or suspend licenses, endorsements, and                                  
22       permits authorized under this title.                                                                              
23    * Sec. 5. AS 04.06.090(e) is amended to read:                                                                      
24 (e)  The board shall promptly notify all licensees and municipalities of major                                          
25 changes to this title and to regulations adopted under this title. However, if changes                                  
26 only affect specific classifications of licenses, endorsements, and permits, the board                              
27 need only notify those licensees and municipalities directly affected by the changes.                                   
28 Current copies of this title and current copies of the regulations adopted under it shall                               
29 be made available at all offices in the state of the Department of Commerce,                                            
30 Community, and Economic Development and the detachment headquarters and posts                                           
31 maintained by the division of Alaska state troopers in the Department of Public Safety.                                 
01    * Sec. 6. AS 04.06.090 is amended by adding new subsections to read:                                               
02 (f)  The board is responsible for education on relevant state statutes,                                                 
03 regulations, and policies. The board shall coordinate with agencies and nonprofit                                       
04 organizations that provide alcohol awareness education to develop a plan to educate                                     
05 public safety professionals, the alcoholic beverage industry, individuals under 21 years                                
06 of age, local governments, established villages, and the general public on the                                          
07 responsible use of alcoholic beverages. The board shall update and revise the plan                                      
08       annually.                                                                                                         
09 (g)  The board shall review the fees specified in this title and regulations                                            
10       adopted under this title at least every five years.                                                               
11 (h)  The board may, within 30 days after the introduction of a bill amending a                                          
12 provision of this title or adding a new provision to this title, prepare an advisory                                    
13       opinion regarding the changes proposed in the bill.                                                               
14 (i)  The board shall, within 30 business days after receiving notice of a                                               
15 conviction or violation under this title, provide a copy of the conviction or violation to                              
16 the holder of a license if an offense or violation occurred on the holder's licensed                                    
17       premises and the holder is not the subject of the conviction or violation.                                        
18 (j)  The board shall post information on the board's Internet website about fetal                                       
19 alcohol syndrome and fetal alcohol effects resulting from a woman consuming alcohol                                     
20       during pregnancy.                                                                                                 
21    * Sec. 7. AS 04.06.095 is amended to read:                                                                         
22 Sec. 04.06.095. Statewide database. (a) The board, after consulting with                                            
23 package store licensees, shall create and maintain a statewide database that contains a                                 
24 monthly record of the alcohol purchased by, and shipped to, a person who resides in a                                   
25 municipality or established village that has restricted the sale of alcoholic beverages                                 
26       under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2).                                                           
27 (b)  Except as otherwise specifically provided in this section, the information                                     
28 contained in the database is confidential and is not subject to inspection or copying                                   
29 under AS 40.25.110 - 40.25.220. Personally identifiable information, including                                      
30 business names and addresses, [INFORMATION] in the database shall be purged                                         
31 one year after entry unless it is needed for criminal investigation or prosecution. All                             
01       other information in the database shall be retained in aggregate form and purged                              
02       10 years after entry. Information in the database is available only to                                      
03                 (1)  a package store licensee, agent, or employee to consult before                                     
04       shipping alcohol to a purchaser in a restricted area under a package store shipping                           
05       endorsement as provided in AS 04.09.460 [AS 04.11.150(g)];                                                
06                 (2)  a law enforcement officer;                                                                         
07                 (3)  a probation or parole officer;                                                                     
08                 (4)  the board; and                                                                                     
09                 (5)  the person who is the subject of the information; the board shall                                  
10 adopt regulations concerning access by a person to information contained in the                                         
11       database of the purchases by, and shipments to, that person.                                                      
12    * Sec. 8. AS 04.06.095 is amended by adding a new subsection to read:                                              
13 (c)  The board shall produce an annual report of the aggregate regional and                                             
14 statewide data from the database, excluding personally identifiable information and                                     
15 the names and addresses of businesses, and shall make the report available for public                                   
16 inspection and copying under AS 40.25.110 - 40.25.220. The report must include                                          
17 information about the total volume of alcohol received in each municipality or                                          
18       established village.                                                                                              
19    * Sec. 9. AS 04.06.100(b) is amended to read:                                                                      
20 (b)  The subjects covered by regulations adopted under (a) of this section may                                          
21       include the following matters:                                                                                    
22 (1)  employment, conduct, and duties of the director and of regular and                                                 
23       contractual employees of the board;                                                                               
24 (2)  procedures for the issuance, denial, renewal, transfer, revocation,                                                
25       and suspension of licenses, endorsements, and permits;                                                        
26 (3)  terms and conditions of licenses, endorsements, and permits                                                    
27       issued;                                                                                                           
28 (4)  fees for licenses, endorsements, and permits issued for which fees                                             
29       are not prescribed by statute;                                                                                    
30                 (5)  conduct of regular and special meetings of the board;                                              
31 (6)  delegation to the director of routine administrative functions and                                                 
01       powers;                                                                                                           
02                 (7)  the temporary granting or denial of issuance, transfer, and renewal                                
03       of licenses and endorsements;                                                                                 
04                 (8)  manner of giving any notice required by law or regulation when not                                 
05       provided for by statute;                                                                                          
06                 (9)  requirements relating to the qualifications of licensees, the                                      
07       conditions upon which a license may be issued, the accommodations of licensed                                     
08       premises, and board inspection of those premises;                                                                 
09                 (10)  making of reports by wholesalers;                                                                 
10 (11)  purchase of fidelity bonds by the state for the director and the                                                  
11       employees of the board;                                                                                           
12 (12)  prohibition of possession of alcoholic beverages by drunken                                                       
13       persons and by minors;                                                                                            
14 (13)  required reports from corporations licensed under this title,                                                     
15 including reports of stock ownership and transfers and changes of officers and                                          
16       directors;                                                                                                        
17 (14)  [CREATION OF CLASSIFICATIONS OF LICENSES OR                                                                       
18       PERMITS NOT PROVIDED FOR IN THIS TITLE;                                                                           
19 (15)]  establishment and collection of fees to be paid on application for                                               
20       a license, endorsement, or permit;                                                                            
21 (15) [(16)]  required reports from partnerships and limited partnerships                                            
22 licensed under this title, including reports of transferred interests of 10 percent or                                  
23       more;                                                                                                             
24 (16) [(17)]  required reports from limited liability organizations                                                  
25 licensed under this title, including reports of the transfer of a member's interest if the                              
26 transfer equals 10 percent or more of the ownership of the limited liability                                            
27       organization and any change of managers;                                                                      
28 (17)  restrictions on the manufacture, packaging, sale, and                                                         
29 distribution of products containing alcohol that are intended for human                                             
30       consumption.                                                                                                
31    * Sec. 10. AS 04 is amended by adding a new chapter to read:                                                       
01                Chapter 09. Licenses, Endorsements, and Permits.                                                       
02                         Article 1. License Types.                                                                     
03 Sec. 04.09.010. Types of licenses. A license defines activities allowed daily on                                      
04 licensed premises. License type is a general category of license activity based on the                                  
05 three-tier system of alcohol regulation. The three types of licenses the board may issue                                
06 are manufacturer, wholesale, and retail licenses. The board may issue only the licenses                                 
07       authorized in AS 04.09.020 - 04.09.360.                                                                           
08                      Article 2. Manufacturer Licenses.                                                                
09            Sec. 04.09.020. Brewery manufacturer license. (a) A brewery manufacturer                                 
10 license authorizes the holder to operate a brewery for the manufacture, packaging,                                      
11       storing, and sale of its brewed beverages to a buyer as permitted in AS 04.09.050.                                
12            (b)  The biennial brewery manufacturer license fee is $1,250.                                                
13 (c)  At least 80 percent of each final product that contains brewed beverages                                           
14 offered for sale by the holder of a brewery manufacturer license must be manufactured                                   
15       on the holder's licensed premises in the state.                                                                   
16 Sec. 04.09.030. Winery manufacturer license. (a) A winery manufacturer                                              
17 license authorizes the holder to operate a winery for the manufacture, packaging,                                       
18       storing, and sale of its wine to a buyer as permitted in AS 04.09.050.                                            
19            (b)  The biennial winery manufacturer license fee is $1,250.                                               
20 (c)  At least 80 percent of each final product that contains wine offered for sale                                      
21 by the holder of a winery manufacturer license must be manufactured on the holder's                                     
22       licensed premises in the state.                                                                                   
23 Sec. 04.09.040. Distillery manufacturer license. (a) A distillery manufacturer                                        
24 license authorizes the holder to operate a distillery for the manufacture, packaging,                                   
25       storing, and sale of its distilled spirits to a buyer as permitted in AS 04.09.050.                               
26            (b)  The biennial distillery manufacturer license fee is $1,250.                                             
27 (c)  At least 80 percent of each final product that contains distilled spirits                                          
28 offered for sale by the holder of a distillery manufacturer license must be                                             
29       manufactured on the holder's licensed premises in the state.                                                      
30 Sec. 04.09.050. Authorized sales. (a) The holder of a manufacturer license                                            
31 that annually produces in total less than 300,000 barrels of brewed beverages or mead                                   
01 or cider containing less than 8.5 percent alcohol by volume, less than 50,000 nine-                                     
02 liter-equivalent cases of wine, sake, or mead or cider containing 8.5 percent or more                                   
03 alcohol by volume, or less than 50,000 nine-liter-equivalent cases of distilled spirits                                 
04       may sell its product to                                                                                           
05                 (1)  the holder of a wholesale license issued under this chapter;                                       
06                 (2)  the holder of a retail license issued under this chapter;                                          
07                 (3)  the holder of a permit issued under this chapter;                                                  
08                 (4)  an entity in another state or country.                                                             
09            (b)  The holder of a manufacturer license that annually produces in total                                    
10 300,000 barrels or more of brewed beverages or mead or cider containing less than 8.5                                   
11 percent alcohol by volume, 50,000 nine-liter-equivalent cases or more of wine, sake,                                    
12 or mead or cider containing 8.5 percent or more alcohol by volume, or 50,000 nine-                                      
13       liter-equivalent cases or more of distilled spirits may sell its product to                                       
14                 (1)  the holder of a wholesale license issued under this chapter;                                       
15                 (2)  an entity in another state or country.                                                             
16 (c)  For purposes of calculating the volume that the holder of a manufacturer                                           
17 license produces under this section, the volume of production must include all                                          
18       production by                                                                                                     
19                 (1)  the holder of the manufacturer's license; and                                                      
20 (2)  an officer, director, agent, employee, or affiliate of the holder; in                                              
21 this paragraph, "affiliate" means a person that directly or indirectly, through one or                                  
22 more intermediaries, controls, or is controlled by, or is under common control with, a                                  
23       corporation.                                                                                                      
24 Sec. 04.09.060. Unlicensed manufacturing. (a) A person commits the crime                                              
25       of unlicensed manufacturing if the person knowingly operates a                                                  
26                 (1)  brewery without a brewery manufacturer license;                                                    
27                 (2)  winery without a winery manufacturer license; or                                                   
28                 (3)  distillery without a distillery manufacturer license.                                              
29            (b)  Unlicensed manufacturing is a class A misdemeanor.                                                      
30 Sec. 04.09.070. Unlicensed manufacturing in a local option area. (a) A                                              
31 person commits the crime of unlicensed manufacturing in a local option area if the                                      
01       person knowingly operates in an area that has adopted a local option under                                        
02       AS 04.11.491 a                                                                                                    
03                 (1)  brewery without a brewery manufacturer license;                                                    
04                 (2)  winery without a winery manufacturer license; or                                                   
05                 (3)  distillery without a distillery manufacturer license.                                              
06            (b)  Unlicensed manufacturing in a local option area is a class C felony.                                    
07 Sec. 04.09.080. Unauthorized manufacturer sale. (a) Except as provided in                                         
08 AS 04.09.310 - 04.09.330, a person who holds a manufacturer license commits the                                         
09 offense of unauthorized manufacturer sale if the person sells its product in violation of                               
10       AS 04.09.050.                                                                                                     
11            (b)  Unauthorized manufacturer sale is a violation.                                                          
12 Sec. 04.09.090. Definition. In AS 04.09.020 - 04.09.090, "packaging" means                                          
13 the process of containing alcoholic beverages in bottles or other types of containers for                               
14       purpose of resale.                                                                                                
15                       Article 3. Wholesale Licenses.                                                                  
16 Sec. 04.09.100. General wholesale license. (a) A general wholesale license                                          
17 authorizes the holder to sell alcoholic beverages at wholesale. The holder of a general                                 
18 wholesale license may not sell to a person not licensed under this title, except as                                     
19       provided in AS 04.21.040.                                                                                         
20            (b)  The biennial general wholesale license fee is $2,000.                                                   
21 (c)  In addition to the license fee under (b) of this section, the holder of a                                          
22 general wholesale license shall pay an annual fee based on the total value of business                                  
23 transacted by the wholesale business, including the excise tax imposed by                                               
24 AS 43.60.010. If the total value of business transacted during the calendar year                                        
25       including the excise tax imposed by AS 43.60.010 is                                                               
26                 (1)  less than or equal to $100,000, then the annual fee is $0;                                         
27 (2)  over $100,000 and not over $150,000, then the annual fee is $250;                                                  
28 (3)  over $150,000 and not over $200,000, then the annual fee is $500;                                                  
29 (4)  over $200,000 and not over $250,000, then the annual fee is $750;                                                  
30 (5)  over $250,000 and not over $300,000, then the annual fee is                                                        
31       $1,000;                                                                                                           
01                 (6)  over $300,000 and not over $350,000, then the annual fee is                                        
02       $1,250;                                                                                                           
03                 (7)  over $350,000 and not over $400,000, then the annual fee is                                        
04       $1,500;                                                                                                           
05                 (8)  over $400,000 and not over $500,000, then the annual fee is                                        
06       $2,000;                                                                                                           
07                 (9)  over $500,000 and not over $600,000, then the annual fee is                                        
08       $2,500;                                                                                                           
09                 (10)  over $600,000 and not over $700,000, then the annual fee is                                       
10       $3,000;                                                                                                           
11 (11)  over $700,000 and not over $800,000, then the annual fee is                                                       
12       $3,500;                                                                                                           
13 (12)  over $800,000 and not over $1,000,000, then the annual fee is                                                     
14       $4,500;                                                                                                           
15                 (13)  over $1,000,000, then the annual fee is $10,000.                                                  
16 Sec. 04.09.110. Limited wholesale brewed beverage and wine license. (a) A                                           
17 limited wholesale brewed beverage and wine license authorizes the holder to sell                                        
18 brewed beverages and wine at wholesale. The holder of a limited wholesale brewed                                        
19 beverage and wine license may not sell to a person not licensed under this title, except                                
20       as provided in AS 04.21.040.                                                                                      
21 (b)  The biennial limited wholesale brewed beverage and wine license fee is                                             
22       $400.                                                                                                             
23 (c)  In addition to the license fee under (b) of this section, the holder of a                                          
24 limited wholesale brewed beverage and wine license shall pay an annual fee based on                                     
25 the total value of business transacted by the wholesale business, including the excise                                  
26 tax imposed by AS 43.60.010. If the total value of business transacted during the                                       
27       calendar year including the excise tax imposed by AS 43.60.010 is                                                 
28                 (1)  less than or equal to $20,000, then the annual fee is $0;                                          
29                 (2)  over $20,000 and not over $50,000, then the annual fee is $150;                                    
30                 (3)  over $50,000 and not over $100,000, then the annual fee is $500;                                   
31                 (4)  over $100,000 and not over $150,000, then the annual fee is $750;                                  
01                 (5)  over $150,000 and not over $200,000, then the annual fee is                                        
02       $1,000;                                                                                                           
03                 (6)  over $200,000 and not over $400,000, then the annual fee is                                        
04       $2,000;                                                                                                           
05                 (7)  over $400,000 and not over $600,000, then the annual fee is                                        
06       $3,000;                                                                                                           
07                 (8)  over $600,000 and not over $800,000, then the annual fee is                                        
08       $4,000;                                                                                                           
09                 (9)  over $800,000, then the annual fee is $10,000.                                                     
10 Sec. 04.09.120. Annual fee and affidavit. (a) Not later than February 28 of                                         
11 each year, the holder of a general wholesale license or a limited wholesale brewed                                      
12 beverage and wine license shall pay the annual fee for the license for the preceding                                    
13       calendar year, and file with the board an affidavit showing the                                                   
14 (1)  total value of business transacted under the license by the                                                        
15 wholesale business, including the excise tax imposed by AS 43.60.010, during the                                        
16       preceding calendar year; and                                                                                      
17 (2)  location of the licensed premises at which the business was                                                        
18       transacted.                                                                                                       
19 (b)  Failure to file an affidavit under (a) of this section or the expiration of a                                      
20 license under AS 04.11.540 does not relieve a licensee from paying the prescribed                                       
21       annual fee.                                                                                                       
22 Sec. 04.09.130. Wholesale supplier declaration. (a) A person who applies for                                        
23 issuance or renewal of a general wholesale license or a limited wholesale brewed                                        
24 beverage and wine license shall submit to the board, on a form prescribed by the                                        
25 board, a declaration that the person is the appointed wholesaler of the distiller, brewer,                              
26 vintner, or importer of each product line of alcoholic beverage that the person intends                                 
27 to purchase, offer for sale, or sell. The form must include a space for the person to                                   
28 indicate the total number of suppliers. The board may request a list of suppliers, or                                   
29       additional information about a product line.                                                                      
30 (b)  A person filing a declaration under this section shall pay a biennial filing                                       
31       fee. If the declaration lists                                                                                     
01                 (1)  one to 25 suppliers, the fee is $500;                                                              
02                 (2)  26 to 50 suppliers, the fee is $1,000;                                                             
03                 (3)  51 to 75 suppliers, the fee is $1,500;                                                             
04                 (4)  76 or more suppliers, the fee is $2,000.                                                           
05            (c)  In this section, "distiller, brewer, vintner, or importer" includes an                                  
06 exclusive agent of the distiller, brewer, vintner, or importer if the agent's name appears                              
07 on the label of the brand approved by the Alcohol and Tobacco Tax and Trade Bureau.                                     
08 Sec. 04.09.140. Unlicensed wholesale sale. (a) A person commits the crime of                                          
09       unlicensed wholesale sale if the person knowingly sells                                                           
10 (1)  distilled spirits at wholesale without a general wholesale license; or                                             
11 (2)  brewed beverages or wine at wholesale without a general wholesale                                                  
12       license or a limited wholesale brewed beverage and wine license.                                                  
13            (b)  Unlicensed wholesale sale is a class A misdemeanor.                                                     
14 Sec. 04.09.145. Unlicensed wholesale sale in a local option area. (a) A                                               
15 person commits the crime of unlicensed wholesale sale in a local option area if the                                     
16       person knowingly sells in an area that has adopted a local option under AS 04.11.491                              
17 (1)  distilled spirits at wholesale without a general wholesale license; or                                             
18 (2)  brewed beverages or wine at wholesale without a general wholesale                                                  
19       license or a limited wholesale brewed beverage and wine license.                                                  
20            (b)  Unlicensed wholesale sale in a local option area is a class C felony.                                   
21 Sec. 04.09.150. Failure to pay annual fee or file affidavit. (a) A person                                             
22 commits the offense of failure to pay an annual wholesale fee or file a wholesale                                       
23 affidavit if the person fails to pay the annual fee or file the affidavit as required under                             
24       AS 04.09.120.                                                                                                     
25 (b)  Failure to pay an annual wholesale fee or file a wholesale affidavit is a                                          
26       violation.                                                                                                        
27 Sec. 04.09.160. Failure to pay biennial fee or file declaration. (a) A person                                         
28 commits the offense of failure to pay a biennial supplier fee or file a supplier                                        
29 declaration if the person fails to pay the biennial supplier fee or file the declaration as                             
30       required under AS 04.09.130.                                                                                      
31 (b)  Failure to pay a biennial supplier fee or file a supplier declaration is a                                         
01       violation.                                                                                                        
02                         Article 4. Retail Licenses.                                                                   
03            Sec. 04.09.200. Beverage dispensary license. (a) A beverage dispensary                                     
04       license authorizes the holder to sell or serve on the licensed premises alcoholic                                 
05       beverages for consumption only on the licensed premises.                                                          
06            (b)  The biennial beverage dispensary license fee is $2,500.                                                 
07 (c)  The holder of a beverage dispensary license may not maintain on the                                                
08 licensed premises more than one room in which there is regularly maintained a fixed                                     
09 counter or service bar that has plumbing connections to permanent plumbing at which                                     
10 alcoholic beverages are sold or served to members of the public for consumption,                                        
11       unless the license has a multiple fixed counter endorsement under AS 04.09.420.                                   
12 (d)  Except as provided under AS 04.09.610, 04.09.640, 04.09.670, and                                                   
13 AS 04.16.120(c), the holder of a beverage dispensary license who sells or serves                                        
14 alcoholic beverages off the licensed premises or permits consumption off the premises                                   
15 of alcoholic beverages sold or served on the premises commits the offense of                                            
16       unauthorized beverage dispensary activity.                                                                        
17            (e)  Unauthorized beverage dispensary activity is a violation.                                               
18 Sec. 04.09.210. Restaurant or eating place license. (a) A restaurant or eating                                        
19 place license authorizes a restaurant or eating place to sell brewed beverages and wine                                 
20       for consumption only on the licensed premises.                                                                    
21            (b)  The biennial restaurant or eating place license fee is $1,250.                                          
22            (c)  The board may issue or renew a license under this section only if the                                   
23 (1)  board determines that the licensed premises is a bona fide                                                         
24       restaurant as defined in AS 04.21.080(b);                                                                         
25 (2)  licensee has, or the licensee has simultaneously applied for, a                                                    
26       restaurant endorsement; and                                                                                       
27 (3)  sale and service of food and alcoholic beverages and any other                                                     
28 business conducted on the licensed premises of the restaurant or eating place is under                                  
29       the sole control of the licensee.                                                                                 
30 (d)  The holder of a restaurant or eating place license shall ensure that gross                                         
31 receipts from the sale of food for consumption on the licensed premises are not less                                    
01 than the total of the gross receipts from the sale of alcoholic beverages for                                           
02 consumption on the licensed premises in each calendar year. At the time the holder                                      
03 submits an application for renewal of the license, the holder shall submit a statement                                  
04 to the board certifying that the holder has met the requirement under this subsection                                   
05 for the designated period of the license under AS 04.11.680. The board may renew a                                      
06 restaurant or eating place license only if the licensee's statement provides evidence                                   
07 satisfactory to the board that, during the designated period of the license under                                       
08 AS 04.11.680, the gross receipts from the sale of food for consumption on the licensed                                  
09 premises were not less than the total of the gross receipts from the sale of alcoholic                                  
10       beverages for consumption on the licensed premises.                                                               
11 (e)  The holder of a restaurant or eating place license may provide                                                     
12 entertainment on or adjacent to the licensed premises only between the hours of 10:00                                   
13 a.m. and 11:00 p.m. unless additional hours are approved by the director upon the                                       
14 written request of the licensee for a specific occasion. The director may not grant                                     
15 approval for additional hours of entertainment on or adjacent to the licensed premises                                  
16 of an individual licensee more than six times in a calendar year. In this subsection,                                   
17 "entertainment" includes dancing, karaoke, live performances, or similar activities, but                                
18       does not include recorded or broadcast performances without live participation.                                   
19 (f)  Except as provided under AS 04.09.620, 04.09.640, and AS 04.16.120(c),                                             
20 the holder of a restaurant or eating place license commits the offense of failure to                                    
21 comply with the terms of a restaurant or eating place license if the person sells brewed                                
22 beverages or wine in violation of (a) of this section or fails to comply with (e) of this                               
23       section.                                                                                                          
24 (g)  Failure to comply with the terms of a restaurant or eating place license is a                                      
25       violation.                                                                                                        
26 Sec. 04.09.220. Club license. (a) A club license authorizes a club or                                                 
27 organization to sell alcoholic beverages for consumption only on the licensed                                           
28       premises.                                                                                                         
29            (b)  The biennial fee for a club license is $1,500.                                                          
30 (c)  The board may issue a club license only to an organization operated for                                            
31 social, recreational, benevolent, or athletic purposes and not for profit. The board may                                
01       issue a club license only to a club, fraternal organization, patriotic organization, or                           
02       social organization that has been                                                                                 
03                 (1)  chartered by a state or national organization for a period of 10                                   
04       consecutive years before application for a license under this section; or                                         
05                 (2)  chartered by a national organization that has maintained a chartered                               
06       club or organization in the state for a period of at least 20 years.                                              
07            (d)  Alcoholic beverages sold under a club license may be purchased only by                                  
08                 (1)  members of the club and their families;                                                            
09                 (2)  widows or widowers of deceased members of the club who have                                        
10       been accorded club privileges; and                                                                                
11 (3)  military personnel on active duty who are extended the privilege by                                                
12       patriotic organizations.                                                                                          
13 (e)  Alcoholic beverages may be purchased only in the portion of the club                                               
14       rooms that are part of the licensed premises.                                                                     
15 (f)  Guests who enter the club premises on the invitation of a member and in                                            
16 the company of the member may be served but not sold alcoholic beverages. A guest                                       
17 shall leave the premises immediately upon the departure of the member who extended                                      
18       the invitation to enter.                                                                                          
19 (g)  Notwithstanding AS 04.16.049, access by persons under 21 years of age to                                           
20       the                                                                                                               
21 (1)  licensed premises of a club is permitted when alcoholic beverages                                                  
22       are not present; and                                                                                              
23 (2)  premises of a patriotic organization licensed as a club under this                                                 
24 section is permitted when alcoholic beverages are present, if the person possesses a                                    
25 valid active duty military or armed forces identification card issued by the United                                     
26       States Department of Defense or the United States Department of Homeland Security.                                
27 (h)  The holder of a club license may not serve or sell alcoholic beverages for                                         
28 use or consumption off the licensed premises of the club or organization, including use                                 
29       or consumption by a club member or employee, except under a club caterer's permit.                                
30            (i)  The holder of a club license may not                                                                    
31 (1)  solicit public patronage of the club premises, except as approved by                                               
01       the board;                                                                                                        
02                 (2)  distribute income from the sale of alcoholic beverages under the                                   
03       license to a member, director, or officer;                                                                        
04                 (3)  sell or serve alcoholic beverages in club rooms outside the portion                                
05       of the club rooms that are part of the licensed premises.                                                         
06            (j)  In this section, "member" means a holder of a full year of paid membership                              
07       entitling the holder to all voting rights and privileges of membership under the                                  
08       constitution or bylaws of the club or organization.                                                               
09            (k)  The holder of a club license commits the offense of failure to comply with                              
10 the terms of a club license if the person sells alcoholic beverages in violation of (a) of                              
11       this section or violates (d), (e), (f), (h), or (i) of this section.                                              
12            (l)  Failure to comply with the terms of a club license is a violation.                                      
13 Sec. 04.09.230. Package store license. (a) A package store license authorizes                                         
14 the holder to operate a package store to store alcoholic beverages with federally                                       
15 compliant labels and to sell alcoholic beverages with federally compliant labels to a                                   
16       person present on the licensed premises.                                                                          
17            (b)  The biennial package store license fee is $1,500.                                                       
18 (c)  The licensed premises occupied by the holder of a package store license                                            
19 may not be connected by a door, opening, or other means of passage intended for the                                     
20 access of the general public to an adjacent retail business not licensed under this title                               
21       unless approved by the board.                                                                                     
22 (d)  If the holder of a package store license also holds a beverage dispensary                                          
23 license, the licensed premises of the package store are contained within or are adjacent                                
24 to the licensed premises of the beverage dispensary, and the only public entrance to                                    
25 the package store is by a door or other means within the beverage dispensary, the                                       
26 board shall determine whether additional entrances to the package store are necessary                                   
27 for enforcement purposes, to meet health and fire safety standards, or for the                                          
28       convenience of the public.                                                                                        
29            (e)  The holder of a package store license may not                                                           
30 (1)  offer alcoholic beverages for consumption on the licensed premises                                                 
31 or allow the consumption of alcoholic beverages on the licensed premises except as                                      
01       authorized by a package store sampling endorsement issued under AS 04.09.490 or a                                 
02       tasting event permit issued under AS 04.09.670;                                                                   
03                 (2)  subdivide alcoholic beverages except as authorized by a package                                    
04       store repackaging endorsement issued under AS 04.09.480;                                                          
05                 (3)  offer alcoholic beverages for sale or sell alcoholic beverages to a                                
06       person not present on the licensed premises who makes an order for shipment except                                
07       as authorized by a package store shipping endorsement under AS 04.09.460; or                                      
08                 (4)  deliver alcoholic beverages to a person not present on the licensed                                
09       premises except as authorized by a package store delivery endorsement under                                       
10       AS 04.09.470.                                                                                                     
11 (f)  The holder of a package store license commits the offense of failure to                                            
12 comply with the terms of a package store license if the person stores or sells alcoholic                                
13 beverages in violation of (a) of this section or fails to comply with (c) or (e) of this                                
14       section.                                                                                                          
15            (g)  Failure to comply with the terms of a package store license is a violation.                             
16 Sec. 04.09.240. Pub license. (a) A pub license authorizes the holder to sell                                          
17 brewed beverages and wine for consumption only at a designated premises located on                                      
18       the campus of an accredited college or university.                                                                
19            (b)  The biennial pub license fee is $1,250.                                                                 
20            (c)  The board may not                                                                                       
21 (1)  issue more than one pub license for each accredited college or                                                     
22       university campus in the state; and                                                                               
23 (2)  issue or renew a pub license without the written approval of the                                                   
24       governing body of the accredited college or university.                                                           
25            (d)  The board may designate two alternating premises for a pub license if                                   
26                 (1)  both premises are                                                                                  
27                      (A)  located on the accredited college or university campus;                                       
28                      (B)  not located in contiguous rooms or adjacent buildings; and                                    
29                      (C)  under the licensee's control;                                                                 
30 (2)  at any time, only one location is operating as a licensed premises                                                 
31       with specified operating hours approved by the board; and                                                         
01                 (3)  all alcoholic beverages are either removed from the alternate                                      
02       premises or stored in a secure location that is not accessible to the general public                              
03       during times when the alternate premises is not operating as a licensed premises.                                 
04            (e)  The board may suspend or revoke a licensee's use of an alternate premises                               
05       under (d) of this section after providing written notice and an opportunity to be heard                           
06       to the licensee.                                                                                                  
07            (f)  In this section, "accredited college or university" means a college or                                  
08       university accredited by the Northwest Commission on Colleges and Universities.                                   
09            (g)  The holder of a pub license commits the offense of failure to comply with                               
10 the terms of a pub license if the person sells brewed beverages or wine in violation of                                 
11       (a) of this section.                                                                                              
12            (h)  Failure to comply with the terms of a pub license is a violation.                                       
13 Sec. 04.09.250. Theater license. (a) A theater license authorizes the holder of                                       
14 a beverage dispensary license or a restaurant or eating place license to sell alcoholic                                 
15 beverages for consumption on licensed premises at a specified theater site, except that                                 
16 a restaurant or eating place licensee with a theater license may only sell brewed                                       
17       beverages and wine.                                                                                               
18            (b)  The biennial theater license fee is $1,250.                                                             
19 (c)  The holder of a theater license may sell or serve alcoholic beverages only                                         
20 in designated areas on the licensed premises, and only for one hour before the event                                    
21       and during intermissions.                                                                                         
22 (d)  The holder of a theater license may not sell, serve, or permit the                                                 
23       consumption of alcoholic beverages in the audience viewing area.                                                  
24 (e)  The holder of a theater license shall post the license conspicuously in the                                        
25       theater during times when alcoholic beverages are sold.                                                           
26 (f)  The board may not approve an application for transfer of a theater license                                         
27       to another location.                                                                                              
28 (g)  In this section, "theater" means a location where events, including plays,                                         
29 operas, orchestra concerts, readings, and similar activities as determined by the board                                 
30       are presented by live performers on a stage.                                                                      
31 (h)  A person commits the offense of failure to comply with the terms of a                                              
01       theater license if the person sells, serves, or permits the consumption of alcoholic                              
02       beverages except as permitted in this section or fails to post the license as required by                         
03       this section.                                                                                                     
04            (i)  Failure to comply with the terms of a theater license is a violation.                                   
05 Sec. 04.09.260. Common carrier dispensary license. (a) A common carrier                                               
06 dispensary license authorizes the holder to sell alcoholic beverages for consumption                                    
07 aboard a boat or train licensed by a state or federal agency for passenger travel, or                                   
08 aboard aircraft operated by an airline licensed by a state or federal agency for                                        
09       passenger travel.                                                                                                 
10 (b)  Except as provided for airlines under (c) of this section, the biennial                                            
11 common carrier dispensary license fee is $1,000 for each of the first 10 licenses a                                     
12 common carrier holds and $100 for each additional license issued to the common                                          
13       carrier after the first 10 licenses.                                                                              
14 (c)  The biennial fee for a common carrier dispensary license issued to an                                              
15 airline is the fee specified under (b) of this section for each aircraft in which alcoholic                             
16 beverages are served or $2,000 for each community served by the airline. An airline                                     
17 shall specify the fee applicable to the license at the time of the airline's application for                            
18       issuance or renewal of the license.                                                                               
19 (d)  Except for a common carrier that is an airline, a common carrier shall                                             
20 obtain a license for each boat or train in which alcoholic beverages are served. After                                  
21 obtaining an initial license for the first boat or train, the common carrier may obtain                                 
22 additional licenses for additional boats or trains upon making a written request                                        
23 identifying the boat or train in the manner prescribed by the board, and paying the                                     
24       biennial fee for additional licensed premises as required by (b) of this section.                                 
25 (e)  The holder of a common carrier dispensary license who exceeds the                                                  
26 authority granted in (a) of this section commits the crime of unauthorized common                                       
27       carrier dispensary activity.                                                                                      
28 (f)  Unauthorized common carrier dispensary activity is a class A                                                       
29       misdemeanor.                                                                                                      
30 (g)  The holder of a common carrier dispensary license who fails to comply                                              
31 with (b) - (d) of this section commits the offense of common carrier dispensary                                         
01       noncompliance.                                                                                                    
02            (h)  Common carrier dispensary noncompliance is a violation and is punishable                                
03       by a fine of $500 for each boat, train, or aircraft not in compliance with this section.                          
04 Sec. 04.09.270. Sporting event license. (a) A sporting event license authorizes                                       
05 the holder to sell brewed beverages and wine at multiple noncontiguous locations at a                                   
06 sporting event site during and one hour before and after a sporting event that is not a                                 
07       school event, for consumption on designated areas at the sporting event site.                                     
08            (b)  The biennial sporting event license fee is $1,250.                                                      
09            (c)  In this section, "sporting event site" includes a location where baseball,                              
10 hockey, rugby, soccer, or football games, car races, dog sled racing events, rodeos, or                                 
11       curling matches are regularly held during a season.                                                               
12 (d)  The holder of a sporting event license who sells brewed beverages or wine                                          
13 off the licensed premises or during hours not authorized under (a) of this section or                                   
14 who permits consumption off the premises of brewed beverages or wine sold on the                                        
15       premises commits the offense of unauthorized sporting event activity.                                             
16            (e)  Unauthorized sporting event activity is a violation.                                                    
17 (f)  The holder, on the day before the effective date of this section, of a                                             
18 recreational site license issued under former AS 04.11.210 who offered brewed                                           
19 beverages and wine for sale to the public for consumption on the licensed premises                                      
20 may continue to offer brewed beverages and wine for sale to the public for                                              
21 consumption on the premises until December 31, 2027, for a license renewing on an                                       
22 odd-numbered year, or December 31, 2028, for a license renewing on an even-                                             
23 numbered year, if the holder of the license is otherwise in compliance with the                                         
24       requirements of this title as it read on the day before the effective date of this section.                       
25 Sec. 04.09.280. Outdoor recreation lodge license. (a) An outdoor recreation                                           
26 lodge license authorizes the holder to sell alcoholic beverages to a registered overnight                               
27 guest or off-duty staff of the lodge for consumption on the licensed premises or in                                     
28       conjunction with purchased outdoor recreation activities provided by the licensee.                                
29            (b)  The biennial outdoor recreation lodge license fee is $2,500.                                            
30 (c)  The board may not grant an application for transfer of an outdoor                                                  
31       recreation lodge license to another location.                                                                     
01 (d)  In this section, "outdoor recreation lodge" means a licensed business that                                         
02 provides overnight accommodations and meals, is primarily involved in offering                                          
03 opportunities for persons to engage in outdoor recreation activities, and has a                                         
04       minimum of two guest rooms.                                                                                       
05            (e)  The holder of an outdoor recreation lodge license who sells alcoholic                                   
06       beverages in violation of the authority granted under (a) of this section commits the                             
07       offense of unauthorized outdoor recreation lodge activity.                                                        
08            (f)  Unauthorized outdoor recreation lodge activity is a violation.                                          
09            Sec. 04.09.290. Golf course license. (a) A golf course license authorizes the                              
10       holder to sell brewed beverages and wine for consumption on the licensed premises.                                
11            (b)  The biennial golf course license fee is $1,250.                                                         
12            (c)  An application for a golf course license must include                                                   
13 (1)  a drawing of the golf course with an annotated illustration and                                                    
14       description of the portions of the course that are intended to be licensed premises; and                          
15                 (2)  a sample food menu.                                                                                
16 (d)  The board may not approve an application for transfer of a golf course                                             
17       license to another location.                                                                                      
18 (e)  The holder of a golf course license shall make food similar to that listed in                                      
19 the sample menu available during times when brewed beverages and wine are sold,                                         
20       served, and consumed on the licensed premises.                                                                    
21 (f)  The holder of a golf course license may not allow a person other than the                                          
22 holder or an agent or employee of the holder, in the regular course of employment, to                                   
23 bring alcoholic beverages onto the licensed premises or other portions of the course                                    
24       for consumption.                                                                                                  
25 (g)  In this section, "licensed premises" includes the golf course, a driving                                           
26 range, a club house, and other buildings located on the course, and a vending cart                                      
27 carrying beverages or food to, from, or on the course, and does not include the parking                                 
28       lot.                                                                                                              
29 (h)  The holder of a golf course license commits the offense of failure to                                              
30 comply with the terms of a golf course license if the person sells brewed beverages or                                  
31       wine in violation of this section or violates (e) or (f) of this section.                                         
01            (i)  Failure to comply with the terms of a golf course license is a violation.                               
02 Sec. 04.09.300. Destination resort license. (a) A destination resort license                                          
03 authorizes the holder to sell alcoholic beverages at multiple noncontiguous locations at                                
04 a destination resort for consumption on the licensed premises in conjunction with the                                   
05 visitor activities provided by the licensee to cruise ship passengers and staff and other                               
06       visitors while the cruise ship is in port at the resort.                                                        
07            (b)  The biennial destination resort license fee is $2,500.                                                  
08            (c)  The board may not approve an application for transfer of a destination                                  
09       resort license to another location.                                                                               
10 (d)  In this section, "destination resort" means a business that owns a site of at                                      
11 least 20 acres that is used principally as a destination for cruise ships and other vessels                             
12 that carry a minimum of 50 passengers and that does not provide overnight lodging on                                    
13       its premises for visitors.                                                                                        
14 (e)  The holder of a destination resort license commits the offense of failure to                                       
15 comply with a destination resort license if the person sells alcoholic beverages in                                     
16       violation of (a) of this section.                                                                                 
17 (f)  Failure to comply with the terms of a destination resort license is a                                              
18       violation.                                                                                                        
19 Sec. 04.09.310. Brewery retail license. (a) A brewery retail license authorizes                                       
20 the holder to store, sell, or serve on the licensed premises brewed beverages for                                       
21       consumption on and off the premises.                                                                              
22            (b)  The biennial brewery retail license fee is $1,250.                                                      
23 (c)  The board may issue a brewery retail license only to the holder of a                                               
24 brewery manufacturer license under AS 04.09.020. The brewery retail licensed                                            
25 premises may be all or part of the brewery manufacturer licensed premises, or the                                       
26 brewery retail licensed premises may be at a single different site that is adjacent to the                              
27       brewery manufacturer licensed premises.                                                                           
28 (d)  Each day, the holder of a brewery retail license may sell, to a person on the                                      
29       licensed premises for consumption on the licensed premises, not more than                                         
30                 (1)  36 ounces of the holder's beer; or                                                                 
31                 (2)  18 ounces of the holder's sake.                                                                    
01            (e)  The holder of a brewery retail license may not                                                          
02                 (1)  allow live entertainment, televisions, pool tables, dart games,                                    
03       dancing, electronic or other games, game tables, or other recreational or gaming                                  
04       opportunities on or adjacent to the premises where the consumption occurs;                                        
05                 (2)  provide seats at the counter or bar where the brewed beverages are                                 
06       served;                                                                                                           
07                 (3)  open the room where the consumption occurs before 9:00 a.m.; or                                    
08                 (4)  serve brewed beverages after 8:00 p.m.                                                             
09            (f)  Each day, the holder of a brewery retail license is authorized to sell, to a                            
10 person on the licensed premises for consumption off the licensed premises, not more                                     
11       than                                                                                                              
12                 (1)  5.167 gallons of the holder's beer; or                                                             
13                 (2)  nine liters of the holder's sake.                                                                  
14 (g)  The holder of a brewery retail license commits the offense of failure to                                           
15 comply with the terms of a brewery retail license if the person stores, sells, or serves                                
16 brewed beverages in violation of (a) of this section or violates (d), (e), or (f) of this                               
17       section.                                                                                                          
18            (h)  Failure to comply with the terms of a brewery retail license is a violation.                            
19 Sec. 04.09.320. Winery retail license. (a) A winery retail license authorizes                                         
20 the holder to store, sell, or serve on the licensed premises wine for consumption on                                    
21       and off the premises.                                                                                             
22            (b)  The biennial winery retail license fee is $1,250.                                                       
23 (c)  The board may issue a winery retail license only to the holder of a winery                                         
24 manufacturer license issued under AS 04.09.030. The winery retail licensed premises                                     
25 may be all or part of the winery manufacturer licensed premises, or the winery retail                                   
26 licensed premises may be at a single different site that is adjacent to the winery                                      
27       manufacturer licensed premises.                                                                                   
28 (d)  Each day, the holder of a winery retail license may sell, to a person on the                                       
29 licensed premises for consumption on the licensed premises, a total volume that does                                    
30       not exceed                                                                                                        
31 (1)  18 ounces of the holder's wine, mead, or cider containing 8.5                                                      
01       percent or more alcohol by volume;                                                                                
02                 (2)  36 ounces of the holder's mead or cider containing less than 8.5                                   
03       percent alcohol by volume; or                                                                                     
04                 (3)  the alcoholic equivalent of (1) or (2) of this subsection.                                         
05            (e)  The holder of a winery retail license may not                                                           
06                 (1)  allow live entertainment, televisions, pool tables, dart games,                                    
07       dancing, electronic or other games, game tables, or other recreational or gaming                                  
08       opportunities on or adjacent to the premises where the consumption occurs;                                        
09                 (2)  provide seats at the counter or bar where the wine is served;                                      
10                 (3)  open the room where the consumption occurs before 9:00 a.m.; or                                    
11                 (4)  serve wine after 8:00 p.m.                                                                         
12 (f)  Each day, the holder of a winery retail license is authorized to sell, to a                                        
13 person on the licensed premises for consumption off the licensed premises, not more                                     
14       than                                                                                                              
15 (1)  nine liters of the holder's wine, mead, or cider containing 8.5                                                    
16       percent or more alcohol by volume;                                                                                
17 (2)  5.167 gallons of the holder's mead or cider containing less than 8.5                                               
18       percent alcohol by volume; or                                                                                     
19                 (3)  the alcoholic equivalent of (1) or (2) of this subsection.                                         
20 (g)  The holder of a winery retail license commits the offense of failure to                                            
21 comply with the terms of a winery retail license if the person stores, sells, or serves                                 
22       wine in violation of (a) of this section or violates (d), (e), or (f) of this section.                            
23            (h)  Failure to comply with the terms of a winery retail license is a violation.                             
24 Sec. 04.09.330. Distillery retail license. (a) A distillery retail license                                            
25 authorizes the holder to store, sell, or serve on the licensed premises distilled spirits                               
26       for consumption on and off the premises.                                                                          
27            (b)  The biennial distillery retail license fee is $1,250.                                                   
28 (c)  The board may issue a distillery retail license only to the holder of a                                            
29 distillery manufacturer license under AS 04.09.040. The distillery retail licensed                                      
30 premises may be all or part of the distillery manufacturer licensed premises, or the                                    
31 distillery retail licensed premises may be at a single different site that is adjacent to the                           
01       distillery manufacturer licensed premises.                                                                        
02 (d)  The holder of a distillery retail license may sell not more than three ounces                                      
03 of the holder's distilled spirits each day to a person on the licensed premises for                                     
04 consumption on the licensed premises. The holder of a distillery retail license may                                     
05 combine the holder's distilled spirits under this subsection with other ingredients that                                
06       are not alcoholic beverages, including mixers, liquids, and garnishes.                                            
07            (e)  The holder of a distillery retail license may not                                                       
08                 (1)  allow live entertainment, televisions, pool tables, dart games,                                    
09       dancing, electronic or other games, game tables, or other recreational or gaming                                  
10       opportunities on or adjacent to the premises where the consumption occurs;                                        
11 (2)  provide seats at the counter or bar where the distilled spirits are                                                
12       served;                                                                                                           
13                 (3)  open the room where the consumption occurs before 9:00 a.m.; or                                    
14                 (4)  serve distilled spirits after 8:00 p.m.                                                            
15 (f)  The holder of a distillery retail license is authorized to sell not more than                                      
16 3.75 liters of the holder's distilled spirits each day to a person on the licensed premises                             
17       for consumption off the licensed premises.                                                                        
18 (g)  The holder of a distillery retail license commits the offense of failure to                                        
19 comply with the terms of a distillery retail license if the person stores, sells, or serves                             
20 distilled spirits in violation of (a) of this section or violates (d), (e), or (f) of this                              
21       section.                                                                                                          
22            (h)  Failure to comply with the terms of a distillery retail license is a violation.                         
23 Sec. 04.09.340. Beverage dispensary tourism license. (a) A beverage                                                   
24 dispensary tourism license authorizes the holder to sell or serve on the licensed                                       
25       premises alcoholic beverages for consumption only on the licensed premises.                                       
26            (b)  The biennial beverage dispensary tourism license fee is $2,500.                                         
27            (c)  The board may                                                                                           
28 (1)  issue a new beverage dispensary tourism license if it appears that                                                 
29 the issuance will encourage the tourist trade by promoting the construction or                                          
30       improvement of                                                                                                    
31 (A)  a hotel, motel, resort, or similar business relating to the                                                        
01 tourist trade with a dining facility or having kitchen facilities in a majority of                                      
02 its rental rooms and at least a minimum number of rental rooms required                                                 
03 according to the population of the incorporated city, unified municipality, or                                          
04 population area established under AS 04.11.400(a) in which the facility will be                                         
05            located, as follows:                                                                                         
06                           (i)  10 rental rooms if the population is less than 1,501;                                    
07                           (ii)  20 rental rooms if the population is 1,501 - 2,500;                                     
08                           (iii)  25 rental rooms if the population is 2,501 - 5,000;                                    
09                           (iv)  30 rental rooms if the population is 5,001 - 15,000;                                    
10 (v)  35 rental rooms if the population is 15,001 - 25,000;                                                              
11 (vi)  40 rental rooms if the population is 25,001 -                                                                     
12                 50,000; and                                                                                             
13 (vii)  50 rental rooms if the population is greater than                                                                
14                 50,000; or                                                                                              
15                      (B)  an airport terminal; and                                                                      
16 (2)  approve the renewal or transfer of ownership of a beverage                                                         
17 dispensary tourism license initially issued under (1) of this subsection or initially                                   
18 issued as a beverage dispensary license under AS 04.11.400, as that section read on                                     
19       the date of the initial licensure, if the                                                                         
20 (A)  holder of the license operates a hotel, motel, resort, or                                                          
21            similar business relating to the tourist trade that                                                          
22 (i)  has a dining facility on the licensed premises or                                                                  
23                 kitchen facilities in a majority of its rental rooms; and                                               
24 (ii)  maintains at least the minimum number of rental                                                                   
25 rooms that the hotel, motel, resort, or similar business had at the time of                                             
26                 initial licensure or that were required at the time of initial licensure; or                            
27                      (B)  licensed premises are located inside an airport terminal.                                     
28 (d)  The holder of a beverage dispensary tourism license may not maintain on                                            
29 the licensed premises more than one room in which there is regularly maintained a                                       
30 fixed counter or service bar that has plumbing connections to permanent plumbing at                                     
31 which alcoholic beverages are sold or served to members of the public for                                               
01       consumption unless the license has a multiple fixed counter endorsement under                                     
02       AS 04.09.420, a hotel or motel endorsement under AS 04.09.430, or a large resort                                  
03       endorsement under AS 04.09.440.                                                                                   
04 (e)  Except as provided under AS 04.09.610, 04.09.640, 04.09.670, and                                                   
05 AS 04.16.120(c), the holder of a beverage dispensary tourism license who sells or                                       
06 serves alcoholic beverages off the licensed premises or permits consumption off the                                     
07 premises of alcoholic beverages sold or served on the premises commits the offense of                                   
08       unauthorized beverage dispensary tourism activity.                                                                
09            (f)  Unauthorized beverage dispensary tourism activity is a violation.                                       
10 Sec. 04.09.350. Seasonal restaurant or eating place tourism license. (a) A                                            
11 seasonal restaurant or eating place tourism license authorizes a restaurant or eating                                   
12 place to sell brewed beverages and wine for consumption only on the licensed                                            
13       premises for a period not to exceed six months in each calendar year.                                             
14 (b)  The biennial seasonal restaurant or eating place tourism license fee is                                            
15       $1,250.                                                                                                           
16            (c)  The board may issue or renew a license under this section only if                                       
17 (1)  the board determines that the licensed premises is a bona fide                                                     
18       restaurant as defined in AS 04.21.080(b);                                                                         
19 (2)  the licensee has, or the licensee has simultaneously applied for, a                                                
20       restaurant endorsement; and                                                                                       
21 (3)  the sale and service of food and alcoholic beverages and any other                                                 
22 business conducted on the licensed premises of the restaurant or eating place is under                                  
23       the sole control of the licensee.                                                                                 
24 (d)  The board may issue a license under this section only in a municipality or                                         
25       established village that                                                                                          
26                 (1)  has a population of 40,000 or less; and                                                            
27 (2)  receives more than 4,000 visitors a year, as determined by the                                                     
28       board in regulation.                                                                                              
29 (e)  The board may issue a license or approve an application for the transfer of                                        
30 ownership of a license under this section if it appears that issuance or transfer will                                  
31       encourage the tourism trade.                                                                                      
01 (f)  The holder of a seasonal restaurant or eating place tourism license shall                                          
02 ensure that gross receipts from the sale of food for consumption on the licensed                                        
03 premises are not less than the total of the gross receipts from the sale of alcoholic                                   
04 beverages for consumption on the licensed premises in each calendar year. At the time                                   
05 the holder submits an application for renewal of the license, the holder shall submit a                                 
06 statement to the board certifying that the holder has met the requirement under this                                    
07 subsection for the designated period of the license under AS 04.11.680. The board                                       
08 may renew a seasonal restaurant or eating place tourism license only if the licensee                                    
09 provides evidence satisfactory to the board that, during the designated period of the                                   
10 license under AS 04.11.680, the gross receipts from the sale of food for consumption                                    
11 on the licensed premises were not less than the total of the gross receipts from the sale                               
12       of alcoholic beverages for consumption on the licensed premises.                                                  
13 (g)  The board shall adopt a regulation establishing a formula to limit the                                             
14       number of seasonal restaurant or eating place tourism licenses.                                                   
15 (h)  The holder of a seasonal restaurant or eating place tourism license may                                            
16 provide entertainment on or adjacent to the licensed premises only between the hours                                    
17 of 10:00 a.m. and 11:00 p.m. unless additional hours are approved by the director                                       
18 upon the written request of the licensee for a specific occasion. The director may not                                  
19 grant approval for additional hours of entertainment on or adjacent to the licensed                                     
20 premises of an individual licensee more than three times in a calendar year. In this                                    
21 subsection, "entertainment" includes dancing, karaoke, live performances, or similar                                    
22 activities, but does not include recorded or broadcast performances without live                                        
23       participation.                                                                                                    
24 (i)  Except as provided under AS 04.09.620, 04.09.640, and AS 04.16.120(c),                                             
25 the holder of a seasonal restaurant or eating place tourism license commits the offense                                 
26 of failure to comply with the terms of a seasonal restaurant or eating place tourism                                    
27 license if the person sells brewed beverages or wine in violation of (a) of this section                                
28       or fails to comply with (f) or (h) of this section.                                                               
29 (j)  Failure to comply with the terms of a seasonal restaurant or eating place                                          
30       tourism license is a violation.                                                                                   
31 Sec. 04.09.360. Winery direct shipment license. (a) A winery direct shipment                                          
01 license authorizes the holder of a winery retail license issued under AS 04.09.320, or                                  
02 the holder of a winery license issued in another state, to sell the holder's wine in                                    
03 response to an order for shipment to a person, for personal use only and not for resale,                                
04 who is located in the state. A winery direct shipment license may not be transferred to                                 
05       another person or another location.                                                                               
06            (b)  The biennial fee for a winery direct shipment license is $200.                                          
07            (c)  An applicant for issuance or renewal of a winery direct shipment license                                
08       shall                                                                                                             
09                 (1)  submit an application on a form prescribed by the board;                                           
10 (2)  consent to the jurisdiction of the board, the Department of                                                        
11 Revenue, and any other state agency or state court concerning enforcement of this                                       
12       title; and                                                                                                        
13 (3)  if the applicant is the holder of a license or permit authorizing the                                              
14 holder to manufacture and sell wine to the public issued in another state, provide to the                               
15       board a copy of the holder's license or permit issued                                                             
16                      (A)  in the state; and                                                                             
17                      (B)  by the Alcohol and Tobacco Tax and Trade Bureau.                                              
18 (d)  All wine shipped to a purchaser in the state by the holder of a winery direct                                      
19       shipment license is subject to the state excise tax.                                                              
20            (e)  The holder of a winery direct shipment license may not                                                  
21 (1)  ship wine to an address with a zip code located in an area that has                                                
22       adopted a local option under AS 04.11.491;                                                                        
23 (2)  sell more than the equivalent of six nine-liter cases of wine to a                                                 
24 purchaser in one transaction, or more than the equivalent of 12 nine-liter cases of wine                                
25       to a purchaser in a calendar year; and                                                                            
26 (3)  ship wine using a common carrier who is not approved by the                                                        
27       board to ship alcoholic beverages to persons in the state under AS 04.09.750(b).                                  
28 (f)  Before shipping an order under this section, the holder of a winery direct                                         
29       shipment license shall                                                                                            
30 (1)  verify that the person submitting the order is at least 21 years of                                                
31 age, using an age verification service or other method, and that the named recipient of                                 
01       the shipment, if not the same person as the person submitting the order, is at least 21                           
02       years of age;                                                                                                     
03                 (2)  determine that the order will not exceed the limits of (e)(2) of this                              
04       section;                                                                                                          
05                 (3)  provide written or electronic information to the person submitting                                 
06       the order on fetal alcohol syndrome and fetal alcohol effects resulting from a woman's                            
07       consumption of alcohol during pregnancy; and                                                                      
08                 (4)  label the shipping container as containing alcoholic beverages and                                 
09       requiring a signature by a person who is at least 21 years of age upon delivery.                                  
10            (g)  The holder of a winery direct shipment license shall                                                    
11 (1)  retain records of sales made under this license for at least two                                                   
12       years; and                                                                                                        
13 (2)  make records of sales available for inspection and audit by the                                                    
14       board and the Department of Revenue.                                                                              
15 (h)  The board shall compile a list that is available for public inspection of zip                                      
16 codes that are located within a local option area and notify the holder of a winery                                     
17       direct shipment license of any change to the list.                                                                
18 (i)  The holder of a winery direct shipment license commits the offense of                                              
19 failure to comply with the terms of a winery direct shipment license if the person fails                                
20       to comply with (e) - (g) of this section.                                                                         
21 (j)  Failure to comply with the terms of a winery direct shipment license is a                                          
22       violation.                                                                                                        
23 Sec. 04.09.370. Unlicensed retail sale. (a) A person commits the crime of                                             
24 unlicensed retail sale if the person knowingly operates without the appropriate license                                 
25       a retail operation that requires a license under AS 04.09.200 - 04.09.360.                                        
26            (b)  Unlicensed retail sale is a class A misdemeanor.                                                        
27 Sec. 04.09.380. Unlicensed retail sale in a local option area. (a) A person                                           
28 commits the crime of unlicensed retail sale in a local option area if the person                                        
29 knowingly operates without a license in an area that has adopted a local option under                                   
30 AS 04.11.491 a retail operation that requires a license under AS 04.09.200 -                                            
31       04.09.360.                                                                                                        
01            (b)  Unlicensed retail sale in a local option area is a class C felony.                                      
02                         Article 5. Endorsements.                                                                      
03            Sec. 04.09.400. Types of endorsements. (a) An endorsement expands the                                      
04       boundaries of a licensed premises or the authorized activities of a licensed business.                            
05            (b)  Only the board may issue an endorsement. The board may issue only the                                   
06       endorsements authorized in AS 04.09.400 - 04.09.520.                                                              
07 (c)  An endorsement is valid only in conjunction with a license. An                                                     
08 endorsement may be transferred to another person only if the license for which the                                      
09 endorsement was issued is also transferred to that person. An endorsement expires if                                    
10       the licensed premises are relocated, the license expires, or the license is revoked.                              
11 (d)  Except as provided in (c) of this section, an endorsement is valid for the                                         
12 duration of the license as designated in AS 04.11.680. The holder of the endorsement                                    
13       shall renew the endorsement biennially.                                                                           
14            (e)  An application for an endorsement under AS 04.09.400 - 04.09.520 must                                   
15                 (1)  be made in writing on a form prescribed by the board; and                                          
16 (2)  demonstrate that the holder of the license has authority over and                                                  
17 will exercise control over conduct of the business in all areas of the licensed premises,                               
18       including premises newly licensed by the endorsement.                                                             
19 Sec. 04.09.410. Manufacturer sampling endorsement. (a) A manufacturer                                                 
20 sampling endorsement authorizes the holder of a brewery manufacturer license,                                           
21 winery manufacturer license, or distillery manufacturer license to offer for                                            
22 consumption on the licensed premises at no charge a small sample of an alcoholic                                        
23       beverage produced by the manufacturer.                                                                            
24            (b)  The biennial fee for a manufacturer sampling endorsement is $200.                                       
25 (c)  A person serving a sample of an alcoholic beverage under this section must                                         
26 have a current alcohol server education card issued under AS 04.21.025(c). Only the                                     
27       license holder or an agent or employee of the license holder may serve a sample.                                  
28 (d)  The holder of a manufacturer sampling endorsement may serve a total                                                
29       volume of samples to a person on a licensed premises each day that does not exceed                                
30                 (1)  for the holder of a brewery manufacturer license,                                                  
31                      (A)  12 ounces of beer;                                                                            
01                      (B)  six ounces of sake; or                                                                        
02                      (C)  the alcoholic equivalent of (A) or (B) of this paragraph;                                     
03                 (2)  for the holder of a winery manufacturer license,                                                   
04                      (A)  six ounces of wine, mead, or cider containing 8.5 percent                                     
05            or more alcohol by volume;                                                                                   
06                      (B)  12 ounces of mead or cider containing less than 8.5 percent                                   
07            alcohol by volume; or                                                                                        
08                      (C)  the alcoholic equivalent of (A) or (B) of this paragraph;                                     
09                 (3)  for the holder of a distillery manufacturer license, 1.5 ounces of                                 
10 distilled spirits; the holder of the distillery manufacturer license may combine the                                    
11 holder's distilled spirits under this paragraph with other ingredients that are not                                     
12       alcoholic beverages, including mixers, liquids, and garnishes.                                                    
13 (e)  The holder of a manufacturer sampling endorsement may not publicly                                                 
14 advertise, including through newsprint, radio, or television, sampling activities                                       
15 conducted under the endorsement. However, the holder of a manufacturer sampling                                         
16 endorsement may notify existing customers of sampling activities, including by                                          
17       electronic means.                                                                                                 
18 (f)  A person who offers a sample of an alcoholic beverage for consumption on                                           
19 the licensed premises of a brewery, winery, or distillery without an endorsement under                                  
20       this section commits the offense of unendorsed sampling.                                                          
21            (g)  Unendorsed sampling is a violation and is punishable by a fine of $500.                                 
22 (h)  The holder of a manufacturer sampling endorsement who fails to comply                                              
23 with the requirements of (c) - (e) of this section commits the offense of failure to                                    
24       comply with the terms of a manufacturer sampling endorsement.                                                     
25 (i)  Failure to comply with the terms of a manufacturer sampling endorsement                                            
26       is a violation.                                                                                                   
27 Sec. 04.09.420. Multiple fixed counter endorsement. (a) A multiple fixed                                              
28 counter endorsement authorizes the holder of a beverage dispensary license or a                                         
29 beverage dispensary tourism license to sell or serve alcoholic beverages on the                                         
30       licensed premises from multiple fixed counters.                                                                   
31            (b)  The biennial fee for a multiple fixed counter endorsement is $200.                                      
01 (c)  In addition to the fee under (b) of this section, the initial application fee for                                  
02       each fixed counter covered under the endorsement is $1,250.                                                       
03 (d)  An initial application for a multiple fixed counter endorsement must                                               
04 include an annotated drawing of the location of each fixed counter in the licensed                                      
05       premises.                                                                                                         
06 (e)  A fixed counter at which alcoholic beverages are sold or served to the                                             
07 public for consumption covered under a multiple fixed counter endorsement must be a                                     
08 regularly maintained fixed counter or service bar that has plumbing connections to                                      
09 permanent plumbing. Multiple fixed counters must be located in the same building                                        
10 under the same contiguous licensed premises as set out in regulation, except as                                         
11 provided for the holder of a hotel or motel endorsement under AS 04.09.430 or a large                                   
12 resort endorsement under AS 04.09.440. The board shall adopt regulations to                                             
13       implement this subsection.                                                                                        
14 (f)  The holder of a beverage dispensary license or a beverage dispensary                                               
15 tourism license who maintains multiple fixed counters without an endorsement under                                      
16       this section commits the offense of unendorsed service at multiple fixed counters.                                
17 (g)  The holder of a multiple fixed counter endorsement who fails to comply                                             
18 with the requirements of (e) of this section commits the offense of multiple fixed                                      
19       counter endorsement noncompliance.                                                                                
20 (h)  Unendorsed service at multiple fixed counters is a violation and is                                                
21       punishable by a fine of $500.                                                                                     
22            (i)  Multiple fixed counter endorsement noncompliance is a violation.                                        
23 Sec. 04.09.430. Hotel or motel endorsement. (a) A hotel or motel                                                      
24 endorsement authorizes the holder of a beverage dispensary license or a beverage                                        
25 dispensary tourism license that is a hotel, motel, resort, or similar business premises                                 
26 that caters to the traveling public as a substantial part of its business to sell or serve                              
27 alcoholic beverages on the licensed premises, including in a dining room, banquet                                       
28       room, and other public areas approved by the board, and in guest rooms.                                           
29            (b)  The biennial fee for a hotel or motel endorsement is $200.                                              
30 (c)  The holder of a beverage dispensary license or a beverage dispensary                                               
31 tourism license that is a hotel, motel, resort, or similar business premises that caters to                             
01 the traveling public as a substantial part of its business shall apply for a multiple fixed                             
02 counter endorsement under AS 04.09.420 to sell or serve alcoholic beverages at a                                        
03 secondary location located in a building different than the licensed premises for the                                   
04 beverage dispensary license or a beverage dispensary tourism license if the different                                   
05       building                                                                                                          
06                 (1)  is located on the same property as, adjacent to, or attached to the                                
07       originally licensed premises;                                                                                     
08                 (2)  principally caters to guests of the hotel or motel; and                                            
09                 (3)  principally encourages the tourism trade at the hotel or motel.                                    
10 (d)  The holder of a hotel or motel endorsement may stock alcoholic beverages                                           
11 in guest rooms, for sale and consumption only in the guest room. Alcoholic beverages                                    
12 stocked under this subsection must be stocked by an employee who is 21 years of age                                     
13 or older, may not be supplied or resupplied during hours that the sale of alcoholic                                     
14 beverages is prohibited as provided under AS 04.16.010(a) and (d), and must be stored                                   
15 in a unit using a key or combination lock system within the guest room. A key lock                                      
16 system must be designed to prevent the removal of the key unless the unit is locked.                                    
17 Except for the licensee, or an agent or employee of the licensee, a key or combination                                  
18 enabling a person to obtain alcoholic beverages stocked in a guest room may be                                          
19       provided only to a guest who occupies the room and who is 21 years of age or older.                               
20 (e)  The holder of a hotel or motel endorsement shall exercise control over                                             
21       conduct of the business in all areas of the licensed premises.                                                    
22 (f)  The holder of a beverage dispensary license or a beverage dispensary                                               
23 tourism license who engages in activity under this section without an endorsement                                       
24       under this section commits the offense of unendorsed hotel or motel service.                                      
25 (g)  The holder of a hotel or motel endorsement who fails to comply with the                                            
26 requirements of this section commits the offense of hotel or motel endorsement                                          
27       noncompliance.                                                                                                    
28 (h)  Unendorsed hotel or motel service is a violation and is punishable by a fine                                       
29       of $500.                                                                                                          
30            (i)  Hotel or motel endorsement noncompliance is a violation.                                                
31 Sec. 04.09.440. Large resort endorsement. (a) A large resort endorsement                                              
01 authorizes the holder of a beverage dispensary license or a beverage dispensary                                         
02 tourism license that is a large resort to sell or serve alcoholic beverages from multiple                               
03 locations on the resort property including in a dining room, banquet room, and other                                    
04 public areas approved by the board, and in guest rooms, regardless of whether the                                       
05       locations are in the same building or under the same roof.                                                        
06            (b)  The biennial fee for a large resort endorsement is $200.                                                
07 (c)  The holder of a large resort endorsement shall apply for a multiple fixed                                          
08 counter endorsement under AS 04.09.420 to sell or serve alcoholic beverages from                                        
09 multiple locations within the large resort's property. The locations do not need to be                                  
10 located in the same building or on the same parcel, but must be within the boundary of                                  
11       the large resort, as that term is defined in (h) of this section.                                                 
12 (d)  The holder of a large resort endorsement may sell or serve alcoholic                                               
13       beverages only from locations on the site of the large resort.                                                    
14 (e)  For federal income tax purposes, the profit and loss from the licensed                                             
15 business conducted at locations on the resort under a large resort endorsement, other                                   
16 than guest rooms, must be combined or consolidated with the profit and loss from the                                    
17       licensed business conducted under the multiple fixed counter endorsement.                                         
18 (f)  The holder of a large resort endorsement shall exercise control over                                               
19       conduct of the business in all areas of the licensed premises.                                                    
20 (g)  A holder of a beverage dispensary license with a large resort endorsement                                          
21 may stock alcoholic beverages in guest rooms, for sale and consumption only in the                                      
22 guest room. Alcoholic beverages stocked under this subsection must be stocked by an                                     
23 employee who is 21 years of age or older, may not be supplied or resupplied during                                      
24 hours that the sale of alcoholic beverages is prohibited as provided under                                              
25 AS 04.16.010(a) and (d), and must be stored in a unit using a key or combination lock                                   
26 system within the guest room. A key lock system must be designed to prevent the                                         
27 removal of the key unless the unit is locked. Except for the licensee, or an agent or                                   
28 employee of the licensee, a key or combination enabling a person to obtain alcoholic                                    
29 beverages stocked in a guest room may be provided only to a guest who occupies the                                      
30       room and who is 21 years of age or older.                                                                         
31 (h)  In this section, "large resort" means a resort that offers both outdoor                                            
01 recreational activities and overnight lodging to the public and is located on a site                                    
02 consisting of at least 10 contiguous acres containing one or more parcels of real                                       
03 property owned by the licensee, leased by the licensee, or a combination of parcels                                     
04       owned by the licensee and leased by the licensee.                                                                 
05 (i)  The holder of a beverage dispensary license or a beverage dispensary                                               
06 tourism license who engages in activity under this section without an endorsement                                       
07       under this section commits the offense of unendorsed large resort service.                                        
08 (j)  The holder of a large resort endorsement who fails to comply with the                                              
09 requirements of (c) - (g) of this section commits the offense of large resort                                           
10       endorsement noncompliance.                                                                                        
11 (k)  Unendorsed large resort service is a violation and is punishable by a fine of                                      
12       $500.                                                                                                             
13            (l)  Large resort endorsement noncompliance is a violation.                                                  
14 Sec. 04.09.450. Restaurant endorsement. (a) A restaurant endorsement                                                  
15 authorizes the holder of a restaurant or eating place license, beverage dispensary                                      
16 license, golf course license, sporting event license, club license, outdoor recreation                                  
17 lodge license, destination resort license, beverage dispensary tourism license, or                                      
18       seasonal restaurant or eating place tourism license to allow a person                                             
19 (1)  under 21 years of age access as provided in (e) of this section to the                                             
20       premises of a bona fide restaurant on the licensed premises; and                                                  
21 (2)  to enter or remain on the licensed premises to consume food or                                                     
22       nonalcoholic beverages as authorized under AS 04.16.010(c)(5).                                                    
23            (b)  The biennial fee for a restaurant endorsement is $200.                                                  
24 (c)  An application for a restaurant endorsement must specify the establishment                                         
25       or portion of the establishment that constitutes a bona fide restaurant.                                          
26 (d)  The board may issue an endorsement under this section only if the board                                            
27       finds                                                                                                             
28 (1)  that the establishment or portion of the establishment for which the                                               
29       endorsement is requested is a bona fide restaurant;                                                               
30 (2)  there is supervision on the premises adequate to reasonably ensure                                                 
31       that a person under 21 years of age will not obtain alcoholic beverages; and                                      
01                 (3)  that it is unlikely that persons under 21 years of age not employed                                
02       on the premises will enter and remain on the premises of the bona fide restaurant for                             
03       purposes other than dining.                                                                                       
04            (e)  The board may authorize the holder of a license with a restaurant                                       
05       endorsement                                                                                                       
06                 (1)  to allow a person who is at least 16 years of age but under 21 years                               
07       of age to enter and remain on the licensed premises for dining only;                                              
08                 (2)  to allow a person who is under 16 years of age to enter and remain                                 
09       on the licensed premises for dining only if                                                                       
10 (A)  the person is accompanied by a person who is 21 years of                                                           
11            age or older; and                                                                                            
12 (B)  the parent or guardian of the person consents to the person                                                        
13            being on the licensed premises; and                                                                          
14 (3)  subject to AS 04.16.049, to employ or permit the employment of a                                                   
15 person who is at least 16 years of age but under 21 years of age on the premises of the                                 
16 bona fide restaurant if the employer provides adequate supervision to ensure that the                                   
17       person does not obtain alcoholic beverages.                                                                       
18 (f)  The holder of a license who engages in activity under this section without                                         
19 an endorsement under this section commits the offense of unendorsed restaurant                                          
20       service.                                                                                                          
21 (g)  The holder of a restaurant endorsement who engages in activity not                                                 
22 authorized by the board under (e) of this section or fails to comply with the                                           
23 requirements of (e) of this section commits the offense of restaurant endorsement                                       
24       noncompliance.                                                                                                    
25 (h)  Unendorsed restaurant service is a violation and is punishable by a fine of                                        
26       $500.                                                                                                             
27            (i)  Restaurant endorsement noncompliance is a violation.                                                    
28 Sec. 04.09.460. Package store shipping endorsement. (a) A package store                                               
29 shipping endorsement authorizes the holder of a package store license to sell alcoholic                                 
30       beverages to a person who makes an order to that licensee for shipment.                                           
31            (b)  The biennial fee for a package store shipping endorsement is $200.                                      
01 (c)  An endorsement holder may ship alcoholic beverages only to the purchaser                                           
02 and may ship alcoholic beverages only in response to an order. The endorsement                                          
03 holder may not, in response to an order, ship alcohol to a purchaser at an address other                                
04 than the address where the purchaser resides or, if the purchaser resides in a                                          
05 municipality or established village that has adopted a local option under                                               
06 AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2) for which a community delivery site has                                
07 been designated under AS 04.11.491(f), to an address other than that community                                          
08       delivery site except as provided by AS 04.11.491(f)(1) and (2).                                                   
09 (d)  An endorsement holder shall provide written or electronic information on                                           
10 fetal alcohol syndrome and fetal alcohol effects resulting from a woman's                                               
11       consumption of alcohol during pregnancy to the purchaser in response to an order.                                 
12 (e)  If a shipment is to an area that has restricted the sale of alcoholic beverages                                    
13 under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), an endorsement holder may not                                   
14 ship to a purchaser more than 10.5 liters of distilled spirits or 24 liters or more of wine,                            
15 or either a half-barrel keg of brewed beverages or 12 gallons or more of brewed                                         
16 beverages in individual containers in a calendar month, or a lower amount of distilled                                  
17 spirits, wine, or brewed beverages if the municipality or established village has                                       
18 adopted the lower amount by local option under AS 04.11.491(g). Before shipping                                         
19 alcohol to a purchaser in a restricted area, an endorsement holder shall consult the                                    
20 database maintained by the board under AS 04.06.095 for any alcoholic beverage                                          
21 shipments made to the purchaser during that calendar month by a package store. An                                       
22 endorsement holder may not ship an amount of alcoholic beverages to a purchaser in a                                    
23 restricted area that, when added to the amount already shipped, exceeds the amount                                      
24 authorized by this subsection. An endorsement holder shall immediately enter into the                                   
25       database the date and the amount of alcoholic beverages shipped to the purchaser.                                 
26 (f)  An endorsement holder may not divide or combine shipments of alcoholic                                             
27       beverages so as to circumvent the limitation imposed under (e) of this section.                                   
28 (g)  In this section, "endorsement holder" means the holder of a package store                                          
29 license with a package store shipping endorsement, and an agent or employee of the                                      
30       holder of a package store license with a package store shipping endorsement.                                      
31 (h)  The holder of a package store license who ships alcoholic beverages                                                
01       without an endorsement under this section commits the offense of unendorsed package                               
02       store shipping.                                                                                                   
03            (i)  The holder of a package store shipping endorsement who fails to comply                                  
04       with the requirements of (c) - (f) of this section commits the offense of package store                           
05       shipping endorsement noncompliance.                                                                               
06            (j)  Unendorsed package store shipping is a violation and is punishable by a                                 
07       fine of $500.                                                                                                     
08            (k)  Package store shipping endorsement noncompliance is a violation.                                        
09            Sec. 04.09.470. Package store delivery endorsement. (a) A package store                                    
10 delivery endorsement authorizes the holder of a package store license to deliver                                        
11 alcoholic beverages to the location of a social event as set out in this section. For                                   
12 purposes of this subsection, the board shall define by regulation the term "social                                      
13       event."                                                                                                           
14            (b)  The biennial fee for a package store delivery endorsement is $200.                                      
15 (c)  The holder of a package store delivery endorsement may deliver alcoholic                                           
16 beverages only in response to an order. The board shall adopt regulations specifying                                    
17 the occasions for which delivery of alcoholic beverages is allowed and the manner of                                    
18       delivery by the licensee.                                                                                         
19 (d)  The holder of a package store delivery endorsement may deliver alcoholic                                           
20 beverages only to a responsible adult at the delivery location specified on the order.                                  
21 The responsible adult shall provide identification and acceptable proof of age under                                    
22       AS 04.21.050 and acknowledge in writing receipt of the alcoholic beverages.                                       
23 (e)  The holder of a package store license who delivers alcoholic beverages                                             
24 without an endorsement under this section commits the offense of unendorsed package                                     
25       store delivery.                                                                                                   
26 (f)  The holder of a package store delivery endorsement who fails to comply                                             
27 with the requirements of (c) and (d) of this section commits the offense of package                                     
28       store delivery endorsement noncompliance.                                                                         
29 (g)  Unendorsed package store delivery is a violation and is punishable by a                                            
30       fine of $500.                                                                                                     
31            (h)  Package store delivery endorsement noncompliance is a violation.                                        
01 Sec. 04.09.480. Package store repackaging endorsement. (a) A package                                                  
02 store repackaging endorsement authorizes the holder of a package store license to                                       
03 subdivide and sell alcoholic beverages from original packages with federally                                            
04 compliant labels to smaller containers with the standard federal government warnings                                    
05       and the product name.                                                                                             
06            (b)  The biennial fee for a package store repackaging endorsement is $200.                                   
07            (c)  A package store licensee with a package store repackaging endorsement                                   
08       may                                                                                                               
09                 (1)  subdivide alcoholic beverages                                                                      
10 (A)  for sale on the licensed premises by opening the original                                                          
11            package for the purpose of subdividing the contents into smaller packages; or                                
12 (B)  in response to a purchase request from a person who is on                                                          
13 the licensed premises or purchase order submitted in accordance with                                                    
14            AS 04.09.470(c);                                                                                             
15 (2)  permit an agent or employee to subdivide alcoholic beverages, but                                                  
16 may not permit a customer or another person who is not an agent or employee of the                                      
17       licensee to subdivide alcoholic beverages.                                                                        
18 (d)  The holder of a package store license who repackages alcoholic beverages                                           
19 without an endorsement under this section commits the offense of unendorsed package                                     
20       store repackaging.                                                                                                
21 (e)  The holder of a package store repackaging endorsement who fails to                                                 
22 comply with the requirements of this section commits the offense of package store                                       
23       repackaging endorsement noncompliance.                                                                            
24 (f)  Unendorsed package store repackaging is a violation and is punishable by a                                         
25       fine of $500.                                                                                                     
26            (g)  Package store repackaging endorsement noncompliance is a violation.                                     
27 Sec. 04.09.490. Package store sampling endorsement. (a) A package store                                               
28 sampling endorsement authorizes the holder of a package store license to offer for                                      
29 consumption on the licensed premises at no charge a small sample of an alcoholic                                        
30 beverage from its inventory during the package store's stated hours of business, but not                                
31       between the hours of midnight and 8:00 a.m.                                                                       
01            (b)  The biennial fee for a package store sampling endorsement is $200.                                      
02            (c)  Only the license holder or an agent or employee of the license holder may                               
03       serve a sample.                                                                                                   
04            (d)  The holder of a package store sampling endorsement may serve a total                                    
05       volume of samples to a person on a licensed premises each day that does not exceed                                
06                 (1)  12 ounces of beer or mead, or cider, if the mead or cider contains                                 
07       less than 8.5 percent alcohol by volume;                                                                          
08                 (2)  six ounces of wine, sake, or mead or cider, if the mead or cider                                   
09       contains 8.5 percent or more alcohol by volume;                                                                   
10                 (3)  1.5 ounces of distilled spirits; or                                                                
11                 (4)  the alcoholic equivalent of (1), (2), or (3) of this subsection.                                   
12 (e)  The holder of a package store sampling endorsement may not publicly                                                
13 advertise, including through newsprint, radio, or television, sampling activities                                       
14 conducted under the endorsement. However, the holder of a package store sampling                                        
15 endorsement may notify existing customers of sampling activities, including by                                          
16       electronic means.                                                                                                 
17 (f)  A person who offers a sample of an alcoholic beverage for consumption on                                           
18 the licensed premises of a package store without an endorsement under this section                                      
19       commits the offense of unendorsed package store sampling.                                                         
20 (g)  Unendorsed package store sampling is a violation and is punishable by a                                            
21       fine of $500.                                                                                                     
22 (h)  The holder of a package store sampling endorsement who fails to comply                                             
23 with the requirements of (a) and (c) - (e) of this section commits the offense of failure                               
24       to comply with the terms of a package store sampling endorsement.                                                 
25 (i)  Failure to comply with the terms of a package store sampling endorsement                                           
26       is a violation.                                                                                                   
27 Sec. 04.09.500. Bowling alley endorsement. (a) A bowling alley endorsement                                            
28 authorizes the holder of a beverage dispensary license or a beverage dispensary                                         
29 tourism license to sell or serve alcoholic beverages in the concourse or lane areas of                                  
30       the bowling alley adjacent to the main bar area.                                                                  
31            (b)  The biennial fee for a bowling alley endorsement is $200.                                               
01            (c)  The board may issue a bowling alley endorsement only if the concourse or                                
02       lane areas of the bowling alley or both are                                                                       
03                 (1)  designated as part of the licensed premises for the beverage                                       
04       dispensary license or a beverage dispensary tourism license; and                                                  
05                 (2)  adjacent to the main bar area.                                                                     
06 (d)  Notwithstanding AS 04.16.049, the board may, upon application, authorize                                           
07 access by persons under 21 years of age to the concourse or lane areas or both that are                                 
08 designated part of the licensed premises of the bowling alley during hours when no                                      
09       alcoholic beverages are being sold, served, or consumed.                                                          
10 (e)  The periods during which persons under 21 years of age may be permitted                                            
11       access to the licensed premises must be clearly posted on the licensed premises.                                  
12 (f)  The holder of a beverage dispensary license or a beverage dispensary                                               
13 tourism license who sells or serves alcoholic beverages in the concourse or lane areas                                  
14 of a bowling alley without an endorsement under this section commits the offense of                                     
15       unendorsed bowling alley service.                                                                                 
16 (g)  The holder of a bowling alley endorsement under this section who fails to                                          
17 comply with the requirements of (e) of this section or who permits access by a person                                   
18 under 21 years of age to the concourse or lane areas of the bowling alley during hours                                  
19 when alcoholic beverages are being served in the concourse or lane areas commits the                                    
20       offense of bowling alley endorsement noncompliance.                                                               
21 (h)  Unendorsed bowling alley service is a violation and is punishable by a fine                                        
22       of $500.                                                                                                          
23            (i)  Bowling alley endorsement noncompliance is a violation.                                                 
24 Sec. 04.09.510. Golf course endorsement. (a) A golf course endorsement                                                
25 authorizes the owner of a golf course who has obtained a beverage dispensary license                                    
26 or a beverage dispensary tourism license to sell or serve alcoholic beverages on the                                    
27 golf course, driving range, club house and other buildings located on the course, and a                                 
28 vending cart carrying beverages or food to, from, or on the course, excluding the                                       
29       parking lot.                                                                                                      
30            (b)  The biennial fee for a golf course endorsement is $200.                                                 
31 (c)  An application for a golf course endorsement must include a drawing of                                             
01       the golf course with an annotated illustration and a description of the portions of the                           
02       course that are licensed premises and that are intended to be covered by the                                      
03       endorsement.                                                                                                      
04            (d)  The holder of a beverage dispensary license or beverage dispensary                                      
05 tourism license who sells or serves alcoholic beverages on a golf course without an                                     
06 endorsement under this section commits the offense of unendorsed golf course service.                                   
07 (e)  The holder of a golf course endorsement who fails to comply with (a) of                                            
08       this section commits the offense of golf course endorsement noncompliance.                                        
09            (f)  Unendorsed golf course service is a violation and is punishable by a fine of                            
10       $500.                                                                                                             
11            (g)  Golf course endorsement noncompliance is a violation.                                                   
12 Sec. 04.09.520. Brewery repackaging endorsement. (a) A brewery                                                        
13 repackaging endorsement authorizes the holder of a brewery manufacturer license who                                     
14 held a license to operate a brewpub under former AS 04.11.135 and was operating a                                       
15 brewpub on the day before the effective date of this section and who also holds,                                        
16 wholly or in part, a beverage dispensary license, beverage dispensary tourism license,                                  
17 restaurant or eating place license, or a seasonal restaurant or eating place tourism                                    
18 license to offer the holder's brewed beverages for sale for consumption off the licensed                                
19 premises and to subdivide and sell the holder's brewed beverages from original                                          
20 packages with federally compliant labels to smaller containers with the standard                                        
21       federal government warnings and the product name.                                                                 
22            (b)  The biennial fee for a brewery repackaging endorsement is $200.                                         
23 (c)  A brewery manufacturer licensee with a brewery repackaging endorsement                                             
24 (1)  is authorized to sell, each day to a person on the licensed premises                                               
25       for consumption off the licensed premises, not more than                                                          
26                      (A)  5.167 gallons of the holder's beer; or                                                        
27                      (B)  nine liters of sake;                                                                          
28 (2)  may permit an agent or employee to subdivide the holder's brewed                                                   
29 beverages, but may not permit a customer or another person who is not an agent or                                       
30       employee of the licensee to subdivide the holder's brewed beverages.                                              
31 (d)  In this section, "licensed premises" means a premises licensed under a                                             
01       beverage dispensary license, beverage dispensary tourism license, restaurant or eating                            
02       place license, or a seasonal restaurant or eating place tourism license that is controlled                        
03       by a brewery manufacturer licensee.                                                                               
04            (e)  The holder of a brewery manufacturer license who repackages brewed                                      
05       beverages without an endorsement under this section or a brewery retail license under                             
06       AS 04.09.310 commits the offense of unendorsed brewery repackaging.                                               
07            (f)  The holder of a brewery repackaging endorsement who fails to comply                                     
08       with the requirements of this section commits the offense of brewery repackaging                                  
09       endorsement noncompliance.                                                                                        
10 (g)  Unendorsed brewery repackaging is a violation, punishable by a fine of                                             
11       $500.                                                                                                             
12            (h)  Brewery repackaging endorsement noncompliance is a violation.                                           
13                           Article 6. Permits.                                                                         
14 Sec. 04.09.600. Types of permits. (a) A permit allows catering and serving                                            
15 activities for a specific period on a single specified premises and allows an eligible                                  
16       nonprofit organization to host a fundraising or not-for-profit event.                                             
17 (b)  The director may issue only the permits authorized in AS 04.09.600 -                                               
18 04.09.690. An application for a permit must be received by the director not less than                                   
19 three business days before the first day of the event. Except for a conditional                                         
20 contractor's permit issued under AS 04.09.690, the director shall require every person                                  
21 who will serve or sell alcohol or check identification of a patron during a permitted                                   
22 event to complete an alcohol server education course under AS 04.21.025 before the                                      
23       first day of the permitted event.                                                                                 
24 (c)  An applicant for a permit must follow the application requirements set out                                         
25       in AS 04.11.260.                                                                                                  
26 (d)  A permit, other than an inventory resale permit under AS 04.09.680 and a                                           
27 conditional contractor's permit under AS 04.09.690, is valid only on the premises, for                                  
28       the event, and for the period specified.                                                                          
29 (e)  The holder of an approved permit may submit a written request for                                                  
30 amendment of the approved permit to change the event date, site, designated area, or                                    
31 designated time. The holder of the approved permit shall submit the request to the                                      
01       director not later than three business days before the event and shall include approval                           
02       of the law enforcement agency having jurisdiction over the site of the event for which                            
03       the amended permit is sought.                                                                                     
04            (f)  The holder of an approved permit shall ensure that the individuals serving                              
05       alcohol have completed alcohol server training as required under AS 04.21.025 before                              
06       the first day of the permitted event.                                                                             
07            (g)  A permit may not be transferred to another person or another location and,                              
08 except for a conditional contractor's permit under AS 04.09.690, may not be renewed.                                    
09 (h)  Except as otherwise provided in AS 04.09.680 for an inventory resale                                               
10 permit and AS 04.09.690 for a conditional contractor's permit, the fee for a permit                                     
11 shall be set by the board in regulation. The fee must be at least $50 for each day of the                               
12       event.                                                                                                            
13 (i)  The director shall approve or deny a permit application. If the director                                           
14       denies a permit application, the applicant may appeal to the board.                                               
15 Sec. 04.09.610. Beverage dispensary caterer's permit. A beverage                                                      
16 dispensary caterer's permit authorizes the holder of a beverage dispensary license or                                   
17 beverage dispensary tourism license to sell or dispense alcoholic beverages at                                          
18 conventions, picnics, sporting events, concerts, street festivals, or similar affairs held                              
19 off the holder's licensed premises for which a beverage dispensary license or beverage                                  
20 dispensary tourism license would not otherwise be required. The permit may be issued                                    
21       only for designated premises for a specific occasion and for a limited period.                                    
22 Sec. 04.09.620. Restaurant caterer's dining permit. (a) A restaurant caterer's                                        
23 dining permit authorizes the holder of a restaurant or eating place license or a seasonal                               
24 restaurant or eating place tourism license to sell brewed beverages and wine before                                     
25 and during the service of food provided by the licensee at a single dining event held                                   
26       off the holder's licensed premises.                                                                               
27 (b)  The director may issue a restaurant caterer's dining permit only for                                               
28       designated premises, for a specific occasion, and for a limited period.                                           
29 (c)  The licensee shall provide food in conjunction with the service of brewed                                          
30 beverages and wine under a restaurant caterer's dining permit. The licensee shall                                       
31 comply with the requirements for gross receipts from food sales for a restaurant or                                     
01       eating place license under AS 04.09.210(d) or a seasonal restaurant or eating place                               
02       tourism license under AS 04.09.350(f).                                                                            
03            Sec. 04.09.630. Club caterer's permit. (a) A club caterer's permit authorizes                              
04       the holder of a club license to sell or dispense alcoholic beverages at an event held off                         
05       the club's licensed premises.                                                                                     
06            (b)  The application for a club caterer's permit filed under AS 04.11.260 must                               
07       be signed by two officers of the organization.                                                                    
08            (c)  A restriction or prohibition under AS 04.09.220 regarding a club member                                 
09       or a guest of a club member applies at the premises covered by the permit.                                        
10 (d)  The director may not issue more than three club caterer's permits to the                                           
11       holder of a club license in a calendar year.                                                                      
12 Sec. 04.09.640. Art exhibit event permit. (a) An art exhibit event permit                                             
13 authorizes the holder of a beverage dispensary license, a beverage dispensary tourism                                   
14 license, a restaurant or eating place license, or a seasonal restaurant or eating place                                 
15 tourism license to sell and serve brewed beverages and wine for consumption at a                                        
16       specific art exhibit event.                                                                                       
17 (b)  The director may issue an art exhibit event permit only for a specific art                                         
18 exhibit event at premises designated in the application for a limited period specified in                               
19       the application.                                                                                                  
20 (c)  The director may not grant more than 12 art exhibit event permits to a                                             
21       licensee in a calendar year.                                                                                      
22 (d)  An art exhibit event permit may not be exercised during an event that is                                           
23       expected to attract attendees under 21 years of age.                                                              
24 (e)  Food must be provided in conjunction with the service of brewed                                                    
25       beverages and wine under an art exhibit event permit.                                                             
26 Sec. 04.09.650. Nonprofit organization event permit. (a) A nonprofit                                                  
27 organization event permit authorizes the holder to sell or dispense brewed beverages                                    
28       or wine for consumption at an event organized by the nonprofit organization.                                      
29 (b)  Only a nonprofit organization, such as a fraternal, civic, professional, or                                        
30 patriotic organization, that is incorporated under AS 10.20 and has been active for a                                   
31 period of at least two years before filing an application is eligible for a nonprofit                                   
01       organization event permit.                                                                                        
02            (c)  The application for a nonprofit organization event permit filed under                                   
03       AS 04.11.260 must be signed by two officers of the organization. The nonprofit                                    
04       organization shall submit, together with the application,                                                         
05                 (1)  either a signed copy of a resolution adopted by the board of                                       
06       directors or a copy of the minutes from a board meeting of the nonprofit organization                             
07       authorizing the application; and                                                                                  
08                 (2)  a sworn affidavit showing the length of time the organization has                                  
09       been in existence.                                                                                                
10 (d)  The director may not issue more than five nonprofit organization event                                             
11 permits to a nonprofit organization, including an auxiliary of the organization, in a                                   
12 calendar year. A nonprofit organization event permit may be issued only for                                             
13 designated premises for a specific occasion and for a limited period as specified in the                                
14       application.                                                                                                      
15 (e)  The nonprofit organization shall ensure that all profits derived from the                                          
16 sale of brewed beverages or wine under a nonprofit organization event permit are paid                                   
17       to the organization that holds the permit and not to an individual.                                               
18 Sec. 04.09.660. Alcoholic beverage auction permit. (a) An alcoholic                                                   
19 beverage auction permit authorizes the holder to sell alcoholic beverages by outcry or                                  
20 silent auction. An alcoholic beverage auction permit is sufficient to authorize a                                       
21 nonprofit organization under (b) of this section to sell alcoholic beverages by outcry or                               
22 silent auction, and no other permit or license is required. An alcoholic beverage                                       
23 auction permit may be operated on the licensed premises of a beverage dispensary                                        
24 license, beverage dispensary tourism license, club license, restaurant or eating place                                  
25       license, or seasonal restaurant or eating place license.                                                          
26 (b)  Only a nonprofit organization, such as a fraternal, civic, professional, or                                        
27 patriotic organization, that is incorporated under AS 10.20 and has been active for a                                   
28 period of at least two years before filing an application is eligible for an alcoholic                                  
29       beverage auction permit.                                                                                          
30 (c)  The application for an alcoholic beverage auction permit filed under                                               
31 AS 04.11.260 must be signed by two officers of the organization. The nonprofit                                          
01       organization shall submit, together with the application,                                                         
02                 (1)  either a signed copy of a resolution adopted by the board of                                       
03       directors or a copy of the minutes of a board meeting of the nonprofit organization                               
04       authorizing the application; and                                                                                  
05                 (2)  a sworn affidavit showing the length of time the organization has                                  
06       been in existence.                                                                                                
07 (d)  The director may not issue more than five alcoholic beverage auction                                               
08 permits to a nonprofit organization, including an auxiliary of the organization, in a                                   
09 calendar year. The director may issue a permit only for designated premises for a                                       
10       specific event and for a limited period as specified in the application.                                          
11 (e)  The nonprofit organization shall ensure that all profits derived from the                                          
12 sale of brewed beverages or wine under an alcoholic beverage auction permit are paid                                    
13       to the organization that holds the permit and not to an individual.                                               
14 (f)  The nonprofit organization may not permit consumption at the auction site                                          
15 of the alcoholic beverages being auctioned under a nonprofit organization alcoholic                                     
16       beverage auction permit.                                                                                          
17 Sec. 04.09.670. Tasting event permit. (a) A tasting event permit authorizes                                           
18 the holder of a package store license to sell or dispense alcoholic beverages at a tasting                              
19 event held on the licensed premises, or unlicensed areas of the property where the                                      
20       package store is located, excluding the parking lot.                                                              
21 (b)  A tasting event must be for the purpose of promoting products available                                            
22 for purchase from the package store licensee; only products sold by the package store                                   
23       licensee may be sold or dispensed at the event.                                                                   
24 (c)  The director may issue a tasting event permit only for a specific tasting                                          
25 event at premises designated in the application for a limited period specified in the                                   
26       application.                                                                                                      
27 (d)  The director may not issue more than six tasting event permits in a                                                
28 calendar year to a package store licensee. If a person holds two or more package store                                  
29 licenses, then the director shall treat each license as separate and distinct when                                      
30 applying the limitation under this subsection, regardless of how many other licenses                                    
31       the person holds, wholly or in part.                                                                              
01            (e)  The director may not issue a tasting event permit for a period that                                     
02                 (1)  is longer than four hours;                                                                         
03                 (2)  ends later than 9:00 p.m.                                                                          
04            (f)  Food must be provided in conjunction with the service of alcoholic                                      
05       beverages under a tasting event permit.                                                                           
06            Sec. 04.09.680. Inventory resale permit. (a) An inventory resale permit                                  
07 authorizes the holder to sell the remaining inventory of alcoholic beverages of a                                       
08 business when the owner of the business no longer has a valid license under this title.                                 
09            (b)  The fee for an inventory resale permit is $100.                                                         
10 (c)  The holder of an inventory resale permit may sell the remaining alcoholic                                          
11       beverage inventory only to the holder of a valid license under this chapter.                                      
12 (d)  The director may issue an inventory resale permit for a period ending 90                                           
13 days after the date of expiration or forfeiture of the license. The director may not issue                              
14       a permit if the license was suspended or revoked.                                                                 
15 Sec. 04.09.690. Conditional contractor's permit. (a) A conditional                                                    
16 contractor's permit authorizes the holder to sell brewed beverages or wine for                                          
17 consumption only on designated premises for the designated period of the permit                                         
18 under AS 04.11.680 at construction sites that are located outside a city and inside the                                 
19       boundaries of a military or naval reservation.                                                                    
20            (b)  The biennial conditional contractor's permit fee is $1,250.                                             
21 (c)  An applicant for a conditional contractor's permit must obtain and file with                                       
22 the board written permission from the commanding officer of the military or naval                                       
23 reservation and the prime contractor of the remotely situated project for the conduct of                                
24 the activities authorized by the permit. A conditional contractor's permit may be                                       
25 renewed biennially upon reapplication for a permit and may be revoked or suspended                                      
26       at the discretion of the commanding officer or the prime contractor.                                              
27 (d)  A conditional contractor's permit may not be transferred and is not valid                                          
28 after the completion of the holder's contract or the closing of the military or naval                                   
29       reservation.                                                                                                      
30 Sec. 04.09.700. Failure to comply with a permit requirement. (a) A person                                             
31 who engages in activity that requires a permit under AS 04.09.600 - 04.09.690 without                                   
01       having a permit and a person who violates the terms of a permit issued under                                      
02       AS 04.09.600 - 04.09.690 commits the offense of failure to comply with a permit                                   
03       requirement.                                                                                                    
04            (b)  Except as provided in (c) of this section, failure to comply with a permit                              
05       requirement is a violation punishable under AS 04.21.072.                                                         
06            (c)  Failure to comply with a permit requirement of an inventory resale permit                               
07       under AS 04.09.680 or a conditional contractor's permit under AS 04.09.690 is                                     
08       punishable by a fine of $500.                                                                                     
09                    Article 7. Common Carrier Approval.                                                                
10 Sec. 04.09.750. Common carrier approval. (a) A common carrier may not                                                 
11 transport or deliver alcoholic beverages to a person in the state unless the board has                                  
12       approved the common carrier under (b) of this section.                                                            
13 (b)  A common carrier may apply to the board, on a form prescribed by the                                               
14 board, for approval to transport and deliver alcoholic beverages to persons in the state.                               
15 The board shall approve an application if the common carrier certifies that it will meet                                
16       the requirements under (c) and (d) of this section.                                                               
17 (c)  A common carrier delivering alcoholic beverages to a person in the state                                           
18 shall ensure that the package containing alcoholic beverages is delivered directly to a                                 
19       person who                                                                                                        
20 (1)  presents identification and acceptable proof of age under                                                          
21       AS 04.21.050 showing that the person is 21 years of age or older; and                                             
22 (2)  provides a signature acknowledging that the person received the                                                    
23       package.                                                                                                          
24 (d)  A common carrier approved by the board under (b) of this section shall                                             
25 make records of shipments of alcoholic beverages to persons in the state available for                                  
26 inspection and audit by the board. The board may require periodic reporting of                                          
27       approved common carriers on a form prescribed by the board.                                                       
28 (e)  The board shall maintain, periodically review, and make available for                                              
29 public inspection a list of approved common carriers for transport and delivery of                                      
30       alcoholic beverages to persons in the state.                                                                      
31 (f)  The board may remove a previously approved common carrier from the list                                            
01       if the common carrier transports or delivers alcoholic beverages in violation of (c) or                           
02       (d) of this section.                                                                                              
03            (g)  In this section,                                                                                        
04                 (1)  "common carrier" means a motor vehicle, watercraft, aircraft, or                                   
05       railroad car available for public hire to transport freight or passengers;                                        
06                 (2)  "transport" has the meaning given in AS 04.11.499.                                                 
07 (h)  A common carrier that has not been approved by the board to transport and                                          
08 deliver alcoholic beverages and that transports or delivers alcoholic beverages into or                                 
09 within the state commits the offense of unapproved common carrier transport or                                          
10       delivery of alcoholic beverages.                                                                                  
11 (i)  An approved common carrier that violates a provision under (c) or (d) of                                           
12 this section commits the offense of common carrier noncompliance for transport or                                       
13       delivery of alcoholic beverages.                                                                                  
14 (j)  Unapproved common carrier transport or delivery of alcoholic beverages is                                          
15       a violation and is punishable by a fine of $500.                                                                  
16 (k)  Common carrier noncompliance for transport or delivery of alcoholic                                                
17       beverages is a violation.                                                                                         
18    * Sec. 11. AS 04.11.010(a) is amended to read:                                                                     
19 (a)  A [EXCEPT AS PROVIDED IN AS 04.11.020, A] person may not                                                       
20 knowingly [MANUFACTURE, SELL, OFFER FOR SALE,] possess for [SALE OR]                                                    
21 barter, traffic in, or barter an alcoholic beverage unless under license or permit issued                               
22       under this title.                                                                                                 
23    * Sec. 12. AS 04.11.010(b) is amended to read:                                                                     
24 (b)  Except as provided in this subsection, a person may not solicit or receive                                         
25 orders for the delivery of an alcoholic beverage in an area that has adopted a local                                    
26 option under AS 04.11.491. If the area has adopted a local option under                                                 
27 AS 04.11.491(a)(1), (2), or (3) [,] or (b)(1) or (2), a package store licensee outside of                               
28 that local option area may receive orders as provided under a package store shipping                                
29 endorsement under AS 04.09.460 [AS 04.11.150] but may not solicit in that area or                                   
30 receive orders through an agent or employee in that area. This subsection does not                                      
31 apply to a package store licensee who operates a package store in an area that has                                      
01       adopted a local option under AS 04.11.491(a)(2)(C) or (3)(C) or (b)(2)(C). A person                               
02       who violates this subsection is punishable upon conviction as provided under                                      
03       AS 04.16.200(a) or (b).                                                                                           
04    * Sec. 13. AS 04.11.010(c) is amended to read:                                                                     
05 (c)  Unless a municipality or established village has adopted a more restrictive                                        
06 local option under AS 04.11.491(g), in a criminal prosecution for possession of                                         
07 alcoholic beverages for barter or sale in violation of (a) of this section, AS 04.09.060,                       
08       04.09.070, 04.09.140, 04.09.145, 04.09.370, or 04.09.380, the fact that a person                              
09                 (1)  possessed more than 10 1/2 liters of distilled spirits or 24 liters or                             
10 more of wine, or either a half-barrel keg [HALF-KEG] of brewed [MALT]                                           
11 beverages or 12 gallons or more of brewed [MALT] beverages in individual                                            
12 containers in an area where the sale of alcoholic beverages is restricted or prohibited                                 
13 under AS 04.11.491 creates a presumption that the person possessed the alcoholic                                        
14       beverages for barter or sale;                                                                                 
15 (2)  sends, transports, or brings more than 10 1/2 liters of distilled                                                  
16 spirits or 24 liters or more of wine, or either a half-barrel keg [HALF-KEG] of                                     
17 brewed [MALT] beverages or 12 gallons or more of brewed [MALT] beverages in                                     
18 individual containers to an area where the sale of alcoholic beverages is restricted or                                 
19 prohibited under AS 04.11.491 creates a presumption that the person sent, transported,                                  
20       or brought the alcoholic beverages for barter or sale in the area.                                            
21    * Sec. 14. AS 04.11.015 is amended to read:                                                                        
22 Sec. 04.11.015. Purchase from nonlicensee prohibited. (a) A person may not                                            
23 purchase or barter for alcoholic beverages from a person who is not a licensee,                                     
24       permittee, or an agent or employee of a licensee or permittee.                                                    
25            (b)  A person who violates (a) of this section is guilty of a violation.                                 
26    * Sec. 15. AS 04.11.030(b) is amended to read:                                                                     
27 (b)  If an application for the transfer of ownership of a license from a deceased                                       
28 licensee is not made within 180 [90] days of the death of the licensee or within an                                 
29 additional 90 days if an application for transfer of ownership made by the executor is                                  
30 denied, or no petition is made to the board for an extension of time under (c) of this                                  
31       section within the time, the license is forfeited.                                                                
01    * Sec. 16. AS 04.11.040 is amended by adding new subsections to read:                                              
02            (d)  A person who transfers a license or permit or a controlling interest in a                               
03       license or permit in violation of this section commits the offense of unauthorized                                
04       transfer of an alcoholic beverage license or permit.                                                              
05            (e)  Unauthorized transfer of an alcoholic beverage license or permit is a                                   
06       violation.                                                                                                        
07    * Sec. 17. AS 04.11.045 is amended by adding new subsections to read:                                              
08            (c)  A limited liability organization that fails to report as required under (a) of                          
09       this section commits the offense of failure to report a change in member interest or                              
10       manager.                                                                                                          
11            (d)  Failure to report a change in member interest or manager is a violation.                                
12    * Sec. 18. AS 04.11.050 is amended by adding new subsections to read:                                              
13 (d)  A corporation that fails to report as required under (a) of this section, other                                    
14 than a corporation described in (c) of this section, commits the offense of failure to                                  
15       report a stock transfer or change of officers or board members.                                                   
16 (e)  Failure to report a stock transfer or change of officers or board members is                                       
17       a violation.                                                                                                      
18    * Sec. 19. AS 04.11.055 is amended by adding new subsections to read:                                              
19 (c)  A partnership that fails to report as required under (a) of this section                                           
20 commits the offense of failure to report a transfer of partnership interest or change of                                
21       general partner.                                                                                                  
22 (d)  Failure to report a transfer of partnership interest or change of general                                          
23       partner is a violation.                                                                                           
24    * Sec. 20. AS 04.11.060 is amended to read:                                                                        
25 Sec. 04.11.060. Nonresident distiller, brewer, winery, or wholesaler. A                                               
26 distiller, brewer, winery, or wholesaler whose plant or principal place of business is                                  
27       outside the state may not sell products directly to licensees in the state without                              
28 (1)  obtaining a general wholesale license under AS 04.09.100                                                       
29       [AS 04.11.160(a)] for each wholesale distributing point in the state;                                             
30                 (2)  appointing an agent upon whom process can be served; and                                           
31 (3)  obtaining other applicable licenses under the provisions of this title.                                            
01    * Sec. 21. AS 04.11.060 is amended by adding a new subsection to read:                                             
02            (b)  A person who violates (a) of this section is guilty of a class A                                        
03       misdemeanor.                                                                                                      
04    * Sec. 22. AS 04.11.260 is amended to read:                                                                        
05 Sec. 04.11.260. Application for new license, endorsement, or permit. (a) An                                         
06 applicant for a new license, endorsement, or permit shall file with the director a                                  
07 written application, signed and sworn to by the applicant, giving the applicant's name,                             
08 mailing address, telephone number, and electronic mail address. If the applicant is                             
09 a corporation, the application shall be executed by an [THE] authorized officer                                 
10 [OFFICERS] of the corporation. If the applicant is a partnership, including a limited                                   
11 partnership, the application shall be executed by an authorized general partner. The                                    
12       application must include                                                                                        
13                 (1)  the type of license, endorsement, or permit desired;                                           
14 (2)  a description of the premises for which the license, endorsement,                                              
15 or permit is desired, giving the address by street and number, or other information, so                                 
16       that the location of the premises can be definitely determined;                                                   
17 (3)  an annotated illustration of the premises designating the areas                                                
18 for manufacture, storage, service, and consumption of alcoholic beverages and,                                      
19       for a license application, the area for warehousing of the alcoholic beverages;                               
20 (4)  the license, endorsement, or permit fee, and, for a multiple fixed                                     
21       counter endorsement, the application fee for each counter;                                                    
22 (5) [(4)]  the duration of the license, endorsement, or permit desired,                                     
23 including, for a permit, a statement of the event dates and the specific hours of                                   
24       intended operation;                                                                                           
25                 (6) [(5)]  any other information required by the board.                                             
26 (b)  A corporation applying for a license or conditional contractor's permit                                        
27       under AS 04.09.690 shall provide the names and addresses of the president, vice-                              
28 president, secretary, managing officer, and all stockholders who own 10 percent or                                      
29 more of the stock in the corporation, together with any other information required by                                   
30       the board.                                                                                                        
31            (c)  An applicant for a new license or permit must include with the application                              
01                 (1)  proof that notice required by AS 04.11.310, if any, has been given;                            
02                 (2)  any petitions required to be secured under AS 04.11.460 before a                                   
03       license may be issued;                                                                                            
04                 (3)  evidence of any approval by public authorities required to be                                      
05       obtained [UNDER AS 04.11.090(e), 04.11.220(c), 04.11.230(b), 04.11.240(b), OR                                     
06       04.11.250(b),] before a license or permit may be issued, including                                            
07                      (A)  written approval under AS 04.09.240 from the                                              
08            governing body of a college or university for a pub license;                                             
09                      (B)  approval under AS 04.11.365 for a restaurant or eating                                    
10 place license in a multi-unit residential housing development owned or                                              
11            financed by the Alaska Housing Finance Corporation;                                                      
12 (C)  permission from the commanding officer and the prime                                                           
13            contractor for a conditional contractor's permit under AS 04.09.690;                                     
14 (D)  for a permit other than a conditional contractor's                                                             
15 permit, approval of the law enforcement agency having jurisdiction over                                             
16            the site of the event for which the permit is sought.                                                    
17 (d)  A partnership, including a limited partnership, that applies for a license or                                      
18 conditional contractor's permit under AS 04.09.690 shall provide information                                    
19 required by the board including the names and addresses of all general partners and all                                 
20       partners with an interest of 10 percent or more.                                                                  
21 (e)  A limited liability organization that applies for a license or conditional                                     
22 contractor's permit under AS 04.09.690 shall provide information required by the                                
23 board, including the names and addresses of all members with an ownership interest of                                   
24       10 percent or more and the names and addresses of all managers.                                                   
25    * Sec. 23. AS 04.11.260 is amended by adding a new subsection to read:                                             
26 (f)  This section does not apply to a winery direct shipment license issued                                             
27       under AS 04.09.360.                                                                                               
28    * Sec. 24. AS 04.11.270 is amended to read:                                                                        
29 Sec. 04.11.270. Application for renewal of license, license with one or more                                        
30 endorsements, or conditional contractor's permit. (a) An application for renewal of                               
31 a license, license with one or more endorsements, or [RENEWAL OF A]                                                 
01       conditional contractor's permit under AS 04.09.690 must include                                             
02                 (1)  the information required for a new license, endorsement, or permit                             
03       under AS 04.11.260 except that proof of notice under AS 04.11.310 is not required;                                
04       and                                                                                                               
05                 (2)  a list of all convictions of the applicant of violations of this title, a                          
06       regulation adopted under this title, or an ordinance adopted under AS 04.21.010, that                             
07       occurred in the preceding two calendar years.                                                                     
08            (b)  A license, license with one or more endorsements, or permit shall be                                
09       renewed as follows:                                                                                               
10 (1)  on or before November 1, the director shall mail a renewal                                                         
11 application to each licensee whose license, license with one or more endorsements,                                  
12 or permit, unless renewed, will expire on December 31 of that year; the application                                 
13 shall be mailed to the licensee or permittee [AT THE LICENSED PREMISES OR] at                                       
14       a mailing address or electronic mail address furnished by the licensee or permittee;                      
15 (2)  the licensee or permittee shall submit the completed renewal                                                   
16       application and the biennial [LICENSE] fee to the director before January 1;                                      
17 (3)  a renewal application filed after December 31 is delinquent and                                                    
18       must be accompanied by a $500 penalty fee;                                                                        
19 (4)  if December 31 falls on a weekend or a state holiday, the deadline                                                 
20       is extended to the first business day following December 31.                                                      
21    * Sec. 25. AS 04.11.270 is amended by adding a new subsection to read:                                             
22 (c)  This section does not apply to a winery direct shipment license issued                                             
23       under AS 04.09.360.                                                                                               
24    * Sec. 26. AS 04.11.280 is amended to read:                                                                        
25 Sec. 04.11.280. Application for transfer of a license to another person. (a)                                          
26 An application for transfer of a license or a license with one or more endorsements                                 
27 to another person must contain the same information about the transferee as is required                                 
28 of an applicant for a new license or endorsement under AS 04.11.260 and must                                        
29       include other information required by the board.                                                                  
30 (b)  An application for the transfer of a license or a license with one or more                                     
31 endorsements to another person must be accompanied by a statement, under oath,                                      
01 executed by the transferor, listing all debts of the business and all taxes due by the                                  
02 business. The board shall promptly inform each listed creditor of the application and                                   
03       the amount shown as owed to that creditor.                                                                        
04    * Sec. 27. AS 04.11.295(a) is amended to read:                                                                     
05 (a)  An applicant for the issuance or transfer of a license or issuance of a                                        
06 conditional contractor's permit under this title shall submit to the board, with the                                    
07 application, the applicant's fingerprints and the fees required by the Department of                                    
08 Public Safety under AS 12.62.160 for criminal justice information and a national                                        
09 criminal history record check. Except as provided under (b) of this section, the board                                  
10 may require an applicant for renewal of a license or a conditional contractor's permit                                  
11 under this title to submit fingerprints and pay the required fees. The board shall submit                               
12 the fingerprints to the Department of Public Safety to obtain a report of criminal                                      
13 justice information under AS 12.62 and a national criminal history record check under                                   
14 AS 12.62.400. The Department of Public Safety may submit the fingerprints to the                                        
15 Federal Bureau of Investigation for a national criminal history record check. The                                       
16 board shall use the information obtained under this section in its determination of an                                  
17 applicant's qualification for issuance, transfer, or renewal of a license or issuance or                            
18       renewal of a conditional contractor's permit.                                                                 
19    * Sec. 28. AS 04.11.295(c)(1) is amended to read:                                                                  
20 (1)  "applicant" means all individuals whose names and addresses are                                                    
21 required to be provided with an application for a new license or conditional                                        
22       contractor's permit under AS 04.09.690 [AS 04.11.260];                                                    
23    * Sec. 29. AS 04.11.310 is amended by adding a new subsection to read:                                             
24 (c)  This section does not apply to a winery direct shipment license issued                                             
25       under AS 04.09.360.                                                                                               
26    * Sec. 30. AS 04.11 is amended by adding a new section to article 3 to read:                                       
27 Sec. 04.11.315. False statement on application. A person who knowingly                                              
28 makes a false sworn statement that the person does not believe to be true on an                                         
29 application under AS 04.11.260 - 04.11.310 commits the crime of perjury under                                           
30       AS 11.56.200.                                                                                                     
31    * Sec. 31. AS 04.11.320(a) is amended to read:                                                                     
01            (a)  An application requesting issuance of a new license or endorsement shall                            
02       be denied if                                                                                                      
03                 (1)  the board finds, after review of all relevant information, that                                    
04       issuance of the license or endorsement would not be in the best interests of the                              
05       public;                                                                                                           
06                 (2)  issuance of the license is prohibited by AS 04.11.410, relating to                                 
07       location of premises near churches and schools;                                                                   
08                 (3)  the application has not been completed in accordance with                                          
09       AS 04.11.260;                                                                                                     
10 (4)  issuance of the license or endorsement would violate the                                                       
11 restrictions pertaining to the particular license or endorsement imposed under this                                 
12       title;                                                                                                            
13 (5)  issuance of the license is prohibited under this title as a result of an                                           
14       election conducted under AS 04.11.507;                                                                            
15 (6)  the requirements of AS 04.11.420 - 04.11.450 relating to zoning,                                                   
16 ownership and location of the license, and the identity and financing of a licensee                                 
17 have not been met or the requirements of AS 04.11.430(b) relating to location of                                    
18 the endorsement [, AND THE IDENTITY AND FINANCING OF A LICENSEE]                                                    
19       have not been met;                                                                                                
20 (7)  issuance of the license is prohibited under AS 04.11.400(a) or                                                     
21       prohibition of issuance of the license is found necessary under AS 04.11.400(b);                                  
22                 (8)  the application contains false statements of material fact;                                        
23 (9)  the license is sought for the sale of alcoholic beverages in a first or                                            
24 second class city where there are no licensed premises at the time of application unless                                
25 a majority of the voters have voted not to approve a local option to restrict or prohibit                               
26 the sale of alcoholic beverages under AS 04.11.491, have voted to approve a local                                       
27 option to allow the type of premises under AS 04.11.491(a)(2) or (3), or have voted to                                  
28 remove a restriction or prohibition on the sale of alcoholic beverages under                                            
29       AS 04.11.495; or                                                                                                  
30 (10)  the license is sought for the sale of alcoholic beverages in an                                                   
31 established village where there are no licensed premises at the time of application                                     
01 unless a majority of the voters have voted not to approve a local option to restrict or                                 
02 prohibit the sale of alcoholic beverages under AS 04.11.491, have voted to approve a                                    
03 local option to allow the type of premises under AS 04.11.491(b)(2), or have voted to                                   
04 remove a restriction or prohibition on the sale of alcoholic beverages under                                            
05       AS 04.11.495.                                                                                                     
06    * Sec. 32. AS 04.11.330(a) is amended to read:                                                                     
07            (a)  An application requesting renewal of a license shall be denied if                                       
08                 (1)  the board finds, after review of all relevant information, that                                    
09       renewal of the license would not be in the best interests of the public;                                          
10                 (2)  the license has been revoked for any cause;                                                        
11 (3)  the applicant has not operated the licensed premises for at least 240                                              
12 hours during each of the two preceding calendar years, unless the board determines                                      
13 that the licensed premises are under construction or cannot be operated through no                                      
14       fault of the applicant;                                                                                           
15 (4)  the board finds that issuance of an existing license under                                                         
16       AS 04.11.400(d) has not encouraged tourist trade;                                                                 
17 (5)  the requirements of AS 04.11.420 - 04.11.450 relating to zoning,                                                   
18       ownership of the license, and financing of the licensee have not been met;                                        
19 (6)  renewal of the license would violate the restrictions pertaining to                                                
20 the particular license under this title or the license has been operated in violation of a                              
21       condition or restriction imposed by the board;                                                                    
22 (7)  renewal of the license is prohibited under this title as a result of an                                            
23       election conducted under AS 04.11.507; or                                                                     
24 (8)  the application has not been completed in accordance with                                                          
25       AS 04.11.270 [; OR                                                                                                
26 (9)  THE LICENSE WAS ISSUED UNDER AS 04.11.400(g), AND                                                                  
27 THE BOARD FINDS THAT THE PUBLIC CONVENIENCE DOES NOT                                                                    
28       REQUIRE RENEWAL].                                                                                                 
29    * Sec. 33. AS 04.11.330(a), as amended by sec. 32 of this Act, is amended to read:                                 
30 (a)  An application requesting renewal of a license or endorsement shall be                                         
31       denied if                                                                                                         
01                 (1)  the board finds, after review of all relevant information, that                                    
02       renewal of the license or endorsement would not be in the best interests of the public;                       
03                 (2)  the license or endorsement has been revoked for any cause;                                     
04 (3)  the applicant has not operated the licensed premises for at least 240                                              
05 hours during each of the two preceding calendar years, unless the board determines                                      
06 that the licensed premises are under construction or cannot be operated through no                                      
07       fault of the applicant;                                                                                           
08                 (4)  the board finds that issuance of an existing beverage dispensary                               
09       tourism license under AS 04.09.340 or seasonal restaurant or eating place tourism                         
10       license under AS 04.09.350 [AS 04.11.400(d)] has not encouraged tourist trade;                                
11 (5)  the requirements of AS 04.11.420 - 04.11.450 relating to zoning,                                                   
12       ownership of the license, and financing of the licensee have not been met;                                        
13 (6)  renewal of the license or endorsement would violate the                                                        
14 restrictions pertaining to the particular license or endorsement under this title or the                            
15 license or endorsement has been operated in violation of a condition or restriction                                 
16       imposed by the board;                                                                                             
17 (7)  renewal of the license is prohibited under this title as a result of an                                            
18       election conducted under AS 04.11.507; or                                                                         
19 (8)  the application has not been completed in accordance with                                                          
20       AS 04.09.360 or AS 04.11.270.                                                                                 
21    * Sec. 34. AS 04.11.330(b) is amended to read:                                                                     
22 (b)  An application for renewal of a license may be denied if the applicant is                                          
23 delinquent in the payment of taxes, fees, or penalties due to the state or a local                                  
24 government if the tax liability or fees or penalties assessed arise [ARISES] in whole                           
25       or in part out of the licensed business.                                                                          
26    * Sec. 35. AS 04.11.330(d) is amended to read:                                                                     
27 (d)  Notwithstanding (a)(3) of this section, a theater license issued under                                         
28 AS 04.09.250, a common carrier dispensary license issued under AS 04.09.260, or                                     
29 a sporting event [RECREATIONAL SITE] license issued under AS 04.09.270                                          
30 [AS 04.11.210] may be renewed if the license was exercised at least once during each                                    
31       of the two preceding calendar years.                                                                              
01    * Sec. 36. AS 04.11.330 is amended by adding a new subsection to read:                                             
02            (e)  The requirements of (a)(3), (a)(5), and (a)(7) of this section do not apply to                          
03       a winery direct shipment license issued under AS 04.09.360.                                                       
04    * Sec. 37. AS 04.11.340 is amended to read:                                                                        
05            Sec. 04.11.340. Denial of request for relocation. An application requesting                                
06       approval for the relocation of licensed premises shall be denied if                                               
07                 (1)  the board finds, after review of all relevant information, that                                    
08       relocation of the license would not be in the best interests of the public;                                       
09                 (2)  the relocation is prohibited under AS 04.11.400(a) or (b);                                         
10 (3)  the license would be relocated out of the established village,                                                     
11 incorporated city, unified municipality, or population area established under                                           
12       AS 04.11.400(a) within which it is located;                                                                       
13 (4)  transfer of ownership is to be made concurrently with the                                                          
14 relocation of the licensed premises and a ground for denial of the transfer of                                          
15       ownership under AS 04.11.360 is presented;                                                                        
16 (5)  the application has not been completed in accordance with                                                          
17       AS 04.11.290;                                                                                                     
18 (6)  relocation of the license would result in violation of a local zoning                                              
19       regulation or ordinance [LAW];                                                                                
20 (7)  relocation of the license would violate the restrictions pertaining to                                             
21       the particular license imposed by this title;                                                                     
22 (8)  relocation of the license is prohibited under this title as a result of                                            
23       an election conducted under AS 04.11.507; or                                                                      
24                 (9)  the license was issued under AS 04.11.400(d) [, (e), OR (g)].                                      
25    * Sec. 38. AS 04.11.340, as amended by sec. 37 of this Act, is amended to read:                                    
26 Sec. 04.11.340. Denial of request for relocation. An application requesting                                           
27       approval for the relocation of licensed premises shall be denied if                                             
28 (1)  the board finds, after review of all relevant information, that                                                    
29       relocation of the license would not be in the best interests of the public;                                       
30                 (2)  the relocation is prohibited under AS 04.11.400(a) or (b);                                         
31 (3)  the license would be relocated out of the established village,                                                     
01       incorporated city, unified municipality, or population area established under                                     
02       AS 04.11.400(a) within which it is located except as provided under                                           
03       AS 04.11.400(k);                                                                                              
04                 (4)  transfer of ownership is to be made concurrently with the                                          
05       relocation of the licensed premises and a ground for denial of the transfer of                                    
06       ownership under AS 04.11.360 is presented;                                                                        
07                 (5)  the application has not been completed in accordance with                                          
08       AS 04.11.290;                                                                                                     
09                 (6)  relocation of the license would result in violation of a local zoning                              
10       regulation or ordinance;                                                                                          
11 (7)  relocation of the license would violate the restrictions pertaining to                                             
12       the particular license imposed by this title; or                                                              
13 (8)  relocation of the license is prohibited under this title as a result of                                            
14       an election conducted under AS 04.11.507 [; OR                                                                    
15                 (9)  THE LICENSE WAS ISSUED UNDER AS 04.11.400(d)].                                                     
16    * Sec. 39. AS 04.11.360 is amended to read:                                                                        
17 Sec. 04.11.360. Denial of transfer of a license to another person. An                                                 
18 application requesting approval of a transfer of a license to another person under this                                 
19       title shall be denied if                                                                                          
20 (1)  the board finds, after review of all relevant information, that                                                    
21       transfer of a license to another person would not be in the best interests of the public;                         
22 (2)  the application has not been completed in accordance with                                                          
23       AS 04.11.280;                                                                                                     
24                 (3)  the application contains false statements of material fact;                                        
25 (4)  the transferor has not paid all debts or taxes arising from the                                                    
26       conduct of the business licensed under this title unless                                                          
27 (A)  the transferor gives security for the payment of the debts or                                                      
28            taxes satisfactory to the creditor or taxing authority; or                                                   
29 (B)  the transfer is under a promise given as collateral by the                                                         
30 transferor to the transferee in the course of an earlier transfer of the license                                        
31 under which promise the transferor is obliged to transfer the license back to the                                       
01            transferee in the event of default in payment for property conveyed as part of                               
02            the earlier transfer of the license;                                                                         
03                 (5)  transfer of the license to another person would result in violation of                             
04       the provisions of this title relating to identity of licensees and financing of licensees;                        
05                 (6)  transfer of the license to another person would violate the                                        
06       restrictions pertaining to the particular license under this title;                                               
07                 (7)  transfer of the license to another person is prohibited under the                                  
08       provisions of this title as a result of an election conducted under AS 04.11.507;                                 
09                 (8)  the prospective transferee does not have the qualifications required                               
10 under this title of an original applicant; however, an application may not be denied                                    
11 because a prospective transferee under AS 04.11.400(d)(2) does not have the                                             
12       qualifications required under AS 04.11.400(d)(1);                                                                 
13 (9)  the license was issued under AS 04.11.100(f) [OR 04.11.400(g)];                                                    
14 however, this paragraph does not apply to a beverage dispensary license issued before                                   
15 June 6, 1985, under former AS 04.11.400(j) if the transfer does not involve a change                                    
16       in location; or                                                                                                   
17 (10)  the license was issued under AS 04.11.135, unless the transferor is                                               
18 also applying to transfer the beverage dispensary license required under AS 04.11.135                                   
19       to the same transferee.                                                                                           
20    * Sec. 40. AS 04.11.360, as amended by sec. 39 of this Act, is amended to read:                                    
21 Sec. 04.11.360. Denial of transfer of a license to another person. An                                                 
22 application requesting approval of a transfer of a license to another person under this                                 
23       title shall be denied if                                                                                          
24 (1)  the board finds, after review of all relevant information, that                                                    
25       transfer of a license to another person would not be in the best interests of the public;                         
26 (2)  the application has not been completed in accordance with                                                          
27       AS 04.11.280;                                                                                                     
28                 (3)  the application contains false statements of material fact;                                        
29 (4)  the transferor has not paid all debts or taxes arising from the                                                    
30       conduct of the business licensed under this title unless                                                          
31 (A)  the transferor gives security for the payment of the debts or                                                      
01            taxes satisfactory to the creditor or taxing authority; or                                                   
02 (B)  the transfer is under a promise given as collateral by the                                                         
03 transferor to the transferee in the course of an earlier transfer of the license                                        
04 under which promise the transferor is obliged to transfer the license back to the                                       
05 transferee in the event of default in payment for property conveyed as part of                                          
06            the earlier transfer of the license;                                                                         
07                 (5)  transfer of the license to another person would result in violation of                             
08       the provisions of this title relating to identity of licensees and financing of licensees;                        
09                 (6)  transfer of the license to another person would violate the                                        
10       restrictions pertaining to the particular license under this title;                                               
11 (7)  transfer of the license to another person is prohibited under the                                                  
12       provisions of this title as a result of an election conducted under AS 04.11.507; or                          
13 (8)  the prospective transferee does not have the qualifications required                                               
14 under this title of an original applicant; however, an application may not be denied                                    
15 because a prospective transferee under AS 04.09.340(c)(2) [AS 04.11.400(d)(2)] does                                 
16       not have the qualifications required under AS 04.09.340(c)(1) [AS 04.11.400(d)(1);                            
17 (9)  THE LICENSE WAS ISSUED UNDER AS 04.11.100(f);                                                                      
18 HOWEVER, THIS PARAGRAPH DOES NOT APPLY TO A BEVERAGE                                                                    
19 DISPENSARY LICENSE ISSUED BEFORE JUNE 6, 1985, UNDER FORMER                                                             
20 AS 04.11.400(j) IF THE TRANSFER DOES NOT INVOLVE A CHANGE IN                                                            
21       LOCATION; OR                                                                                                      
22 (10)  THE LICENSE WAS ISSUED UNDER AS 04.11.135, UNLESS                                                                 
23 THE TRANSFEROR IS ALSO APPLYING TO TRANSFER THE BEVERAGE                                                                
24 DISPENSARY LICENSE REQUIRED UNDER AS 04.11.135 TO THE SAME                                                              
25       TRANSFEREE].                                                                                                      
26    * Sec. 41. AS 04.11.365 is amended to read:                                                                        
27 Sec. 04.11.365. Licensed premises in multi-unit residential housing                                                   
28 developments owned or financed by the Alaska Housing Finance Corporation.                                             
29 For premises located in a multi-unit residential housing development owned or                                           
30 financed by the Alaska Housing Finance Corporation, the board may issue a new                                           
31 license under AS 04.11.320, renew a license under AS 04.11.330, or approve a request                                    
01       for relocation under AS 04.11.340 if the Alaska Housing Finance Corporation                                       
02       authorizes the use under AS 18.56.230 and                                                                       
03                 [(1)  THE LICENSE IS FOR A RESTAURANT OR EATING PLACE                                                   
04       UNDER AS 04.11.100; OR                                                                                            
05                 (2)]  the premises are covered by a restaurant endorsement                                          
06       [DESIGNATED BY THE BOARD AS A RESTAURANT] under AS 04.09.450                                                  
07       [AS 04.16.049].                                                                                                   
08    * Sec. 42. AS 04.11.370(a) is amended to read:                                                                     
09            (a)  A license, endorsement, or permit shall be suspended or revoked if the                              
10       board finds                                                                                                     
11 (1)  misrepresentation of a material fact on an application made under                                                  
12       this title or a regulation adopted under this title;                                                              
13 (2)  continuation of the manufacture, sale, or service of alcoholic                                                     
14 beverages by the licensee or permittee would be contrary to the best interests of the                                   
15       public;                                                                                                           
16 (3)  failure on the part of the licensee to correct a defect that constitutes                                           
17 a violation of this title, a condition or restriction imposed by the board, a regulation                                
18 adopted under this title, or other laws after receipt of notice issued by the board or its                              
19       agent;                                                                                                            
20 (4)  conviction of a licensee of a violation of this title, a regulation                                                
21       adopted under this title, or an ordinance adopted under AS 04.21.010;                                             
22 (5)  conviction of an agent or employee of a licensee of a violation of                                                 
23 this title, a regulation adopted under this title, or an ordinance adopted under                                        
24 AS 04.21.010, if the licensee is found by the board to have either knowingly allowed                                    
25 the violation or to have recklessly or with criminal negligence failed to act in                                        
26 accordance with the duty prescribed under AS 04.21.030 with the result that the agent                                   
27       or employee violates a law, regulation, or ordinance;                                                             
28 (6)  failure of the licensee to comply with the public health, fire, or                                                 
29       safety laws and regulations in the state;                                                                         
30 (7)  use of the licensed premises as a resort for illegal possessors or                                                 
31 users of narcotics, prostitutes, or sex traffickers; in addition to any other legally                                   
01       competent evidence, the character of the premises may be proved by the general                                    
02       reputation of the premises in the community as a resort for illegal possessors or users                           
03       of narcotics, prostitutes, or sex traffickers;                                                                    
04                 (8)  occurrence of illegal gambling within the limits of the licensed                                   
05       premises;                                                                                                         
06                 (9)  the licensee permitted a public offense involving moral turpitude to                               
07       occur on the licensed premises;                                                                                   
08                 (10)  violation by a licensee of this title, a condition or restriction                                 
09       imposed by the board, a regulation adopted under this title, or an ordinance adopted                              
10       under AS 04.21.010; or                                                                                            
11 (11)  violation by an agent or employee of a licensee of a provision of                                                 
12 this title, a condition or restriction imposed by the board, a regulation adopted under                                 
13 this title, or an ordinance adopted under AS 04.21.010, if the licensee is found by the                                 
14 board to have either knowingly allowed the violation or to have recklessly or with                                      
15 criminal negligence failed to act in accordance with the duty prescribed under                                          
16 AS 04.21.030 with the result that the agent or employee violates the law, condition or                                  
17       restriction, regulation, or ordinance.                                                                            
18    * Sec. 43. AS 04.11.395 is amended to read:                                                                        
19 Sec. 04.11.395. Conditions [BOARD IMPOSED CONDITIONS] or                                                            
20 restrictions imposed on a license, endorsement, or permit. The board may, in the                                    
21 best interests of the public, impose conditions or restrictions on a license,                                       
22       endorsement, or permit issued under this chapter.                                                             
23    * Sec. 44. AS 04.11.395 is amended by adding a new subsection to read:                                             
24 (b)  Except for a conditional contractor's permit issued under AS 04.09.690,                                            
25 the director may, in the best interests of the public, impose conditions or restrictions                                
26       on a permit issued under this chapter.                                                                            
27    * Sec. 45. AS 04.11.400(a) is amended to read:                                                                     
28 (a)  Except as provided in (d), (f), and (h) - (k) [(d) - (k)] of this section and                              
29 AS 04.11.405, a new license may not be issued and the board may prohibit relocation                                 
30       of an existing license                                                                                            
31 (1)  outside an established village, incorporated city, unified                                                         
01 municipality, or organized borough if, after the issuance or relocation, there would be                                 
02 (A) more than one restaurant or eating place license for each 1,500 population or                                       
03 fraction of that population, or (B) more than one license of each other type, including                                 
04 licenses that have been issued under (d) [OR (e)] of this section, for each 3,000                                       
05 population or fraction of that population, in a radius of five miles of the licensed                                    
06 premises, excluding the populations of established villages, incorporated cities, unified                               
07 municipalities, and organized boroughs that are wholly or partly included within the                                    
08       radius;                                                                                                           
09 (2)  inside an established village, incorporated city, or unified                                                       
10 municipality if, after the issuance or relocation, there would be inside the established                                
11       village, incorporated city, or unified municipality                                                               
12 (A)  more than one restaurant or eating place license for each                                                          
13            1,500 population or fraction of that population; or                                                          
14 (B)  more than one license of each other type, including licenses                                                       
15 that have been issued under (d) [OR (e)] of this section, for each 3,000                                                
16            population or fraction of that population;                                                                   
17 (3)  inside an organized borough but outside an established village or                                                  
18 incorporated city located within the borough if, after the issuance or relocation, there                                
19 would be inside the borough, but outside the established villages and incorporated                                      
20       cities located within the borough,                                                                                
21 (A)  more than one restaurant or eating place license for each                                                          
22            1,500 population or fraction of that population; or                                                          
23 (B)  more than one license of each other type, including licenses                                                       
24 that have been issued under (d) [OR (e)] of this section, for each 3,000                                                
25 population or fraction of that population excluding the population of those                                             
26 established villages that have adopted a local option under AS 04.11.491(b)(1),                                         
27 (3), or (4), and excluding the population of incorporated cities located within                                         
28            the organized borough.                                                                                       
29    * Sec. 46. AS 04.11.400(a), as amended by sec. 45 of this Act, is amended to read:                                 
30 (a)  Except as provided in (f), (i), and (k) [(d), (f), and (h) - (k)] of this section                              
31 and AS 04.11.405, a new license may not be issued and the board may prohibit                                            
01       relocation of an existing license                                                                                 
02 (1)  outside an established village, incorporated city, unified                                                         
03 municipality, or organized borough if, after the issuance or relocation, in a radius of                             
04 five miles of the licensed premises, excluding the populations of established                                       
05 villages, incorporated cities, unified municipalities, and organized boroughs that                                  
06       are wholly or partly included within the radius, there would be                                               
07                      (A)  more than one restaurant or eating place license for each                                     
08            1,500 population or fraction of that population; [, OR]                                                  
09                      (B)  more than one brewery retail, one winery retail, and                                      
10 one distillery retail license for each 9,000 population or fraction of that                                         
11            population; or                                                                                           
12 (C)  more than one license of each other type, except a type                                                    
13 listed in (i) of this section [INCLUDING LICENSES THAT HAVE BEEN                                                    
14 ISSUED UNDER (d) OF THIS SECTION], for each 3,000 population or                                                         
15 fraction of that population [, IN A RADIUS OF FIVE MILES OF THE                                                         
16 LICENSED PREMISES, EXCLUDING THE POPULATIONS OF                                                                         
17 ESTABLISHED VILLAGES, INCORPORATED CITIES, UNIFIED                                                                      
18 MUNICIPALITIES, AND ORGANIZED BOROUGHS THAT ARE                                                                         
19            WHOLLY OR PARTLY INCLUDED WITHIN THE RADIUS];                                                                
20 (2)  inside an established village, incorporated city, or unified                                                       
21 municipality if, after the issuance or relocation, there would be inside the established                                
22       village, incorporated city, or unified municipality                                                               
23 (A)  more than one restaurant or eating place license for each                                                          
24            1,500 population or fraction of that population; [OR]                                                        
25 (B)  more than one brewery retail, one winery retail, and                                                           
26 one distillery retail license for each 9,000 population or fraction of that                                         
27            population; or                                                                                           
28 (C)  more than one license of each other type, except a type                                                    
29 listed in (i) of this section [INCLUDING LICENSES THAT HAVE BEEN                                                    
30 ISSUED UNDER (d) OF THIS SECTION], for each 3,000 population or                                                         
31            fraction of that population;                                                                                 
01 (3)  inside an organized borough but outside an established village or                                                  
02 incorporated city located within the borough if, after the issuance or relocation, there                                
03 would be inside the borough, but outside the established villages and incorporated                                      
04 cities located within the borough, excluding the population of those established                                    
05 villages that have adopted a local option under AS 04.11.491(b)(1) or (3), and                                      
06 excluding the population of incorporated cities located within the organized                                        
07       borough;                                                                                                      
08 (A)  more than one restaurant or eating place license for each                                                          
09            1,500 population or fraction of that population; [OR]                                                        
10 (B)  more than one brewery retail, one winery retail, and                                                           
11 one distillery retail license for each 9,000 population or fraction of that                                         
12            population; or                                                                                           
13 (C)  more than one license of each other type, except a type                                                    
14 listed in (i) of this section [INCLUDING LICENSES THAT HAVE BEEN                                                    
15 ISSUED UNDER (d) OF THIS SECTION], for each 3,000 population or                                                         
16 fraction of that population [EXCLUDING THE POPULATION OF THOSE                                                          
17 ESTABLISHED VILLAGES THAT HAVE ADOPTED A LOCAL OPTION                                                                   
18 UNDER AS 04.11.491(b)(1), (3), OR (4), AND EXCLUDING THE                                                                
19 POPULATION OF INCORPORATED CITIES LOCATED WITHIN THE                                                                    
20            ORGANIZED BOROUGH].                                                                                          
21    * Sec. 47. AS 04.11.400(i) is repealed and reenacted to read:                                                      
22            (i)  This section does not apply to a                                                                        
23                 (1)  brewery manufacturer license issued under AS 04.09.020;                                            
24                 (2)  winery manufacturer license issued under AS 04.09.030;                                             
25                 (3)  distillery manufacturer license issued under AS 04.09.040;                                         
26                 (4)  general wholesale license issued under AS 04.09.100;                                               
27 (5)  limited wholesale brewed beverage and wine license under                                                           
28       AS 04.09.110;                                                                                                     
29                 (6)  outdoor recreation lodge license issued under AS 04.09.280;                                        
30                 (7)  destination resort license issued under AS 04.09.300;                                              
31                 (8)  beverage dispensary tourism license issued under AS 04.09.340;                                     
01                 (9)  seasonal restaurant or eating place tourism license issued under                                   
02       AS 04.09.350;                                                                                                     
03                 (10)  winery direct shipment license issued under AS 04.09.360;                                         
04                 (11)  conditional contractor's permit issued under AS 04.09.690.                                        
05    * Sec. 48. AS 04.11.400(k) is amended to read:                                                                     
06 (k)  The board may allow the relocation of an existing beverage dispensary                                              
07 license under AS 04.09.200 or former AS 04.11.090 to a restaurant, eating place, or                                 
08 hotel, motel, resort, or similar business that contains a restaurant or eating place, or of                         
09 an existing package store license under AS 04.09.230 or former AS 04.11.150, in a                                   
10 borough with a population of 50,000 [60,000] or more [IF THE GOVERNING BODY                                         
11 OF THE BOROUGH APPROVES THE RELOCATION. HOWEVER, IF THE                                                                 
12 RELOCATION OF THE LICENSE IS] into or within an incorporated city in the                                                
13 borough. The [, THE] board may not approve the relocation unless, at the time of                                
14 application, the existing number of issued licenses of the type under consideration                                 
15 for relocation located within the borough exceeds the maximum allowed under                                         
16 (a) of this section, and the governing bodies of both the borough and the incorporated                              
17 city approve the relocation. The board may allow not more than three relocations into                               
18 each city [IN A BOROUGH] under this subsection each decade. In this subsection,                                     
19       "decade" means each 10-year period beginning April 1 in a year ending in zero.                                    
20    * Sec. 49. AS 04.11 is amended by adding a new section to read:                                                    
21 Sec. 04.11.405. Petition for additional restaurant or eating place licenses                                           
22 for certain local governing bodies. (a) A first class city, a home rule city, or a unified                            
23 municipality may submit a resolution to the board, adopted by its legislative body,                                     
24 petitioning the board for the issuance of additional restaurant or eating place licenses                                
25 under AS 04.11.100 that exceed the limits under AS 04.11.400(a) in accordance with                                      
26       this section.                                                                                                     
27 (b)  The board, following a public hearing, may issue one or more additional                                            
28 restaurant or eating place licenses under AS 04.11.100, within the boundaries of the                                    
29       municipality, if the board finds that                                                                             
30                 (1)  the municipality                                                                                   
31 (A)  serves as a center for commercial activity within and                                                              
01            outside the boundaries of the municipality by providing goods and services to a                              
02            population that is greater than the permanent resident population within the                                 
03            boundaries of the municipality;                                                                              
04                      (B)  maintains a local law enforcement department;                                                 
05                      (C)  exercises planning or land-use authority; and                                                 
06                      (D)  at the time of the petition, meets or exceeds the maximum                                     
07            limit under AS 04.11.400(a) for restaurant or eating place licenses issued under                             
08            AS 04.11.100;                                                                                                
09                 (2)  the number of additional licenses does not exceed the number of                                    
10       additional licenses requested by the municipality in the petition; and                                            
11                 (3)  granting the additional licenses is in the public interest.                                        
12 (c)  A resolution submitted by a municipality under (a) of this section must                                            
13       include                                                                                                           
14 (1)  information demonstrating that the petitioner meets the criteria in                                                
15       (b) of this section;                                                                                              
16 (2)  the most recent estimate of the number of people who claim                                                         
17 residency or work outside the boundaries of the municipality and who are served by                                      
18       the municipality, including the                                                                                   
19 (A)  population located outside the boundaries of the                                                                   
20            municipality that relies on the municipality for goods and services;                                         
21                      (B)  visitor population; and                                                                       
22 (C)  nonresident worker population that resides in the                                                                  
23 municipality, but that is not counted in the latest federal or state census for the                                     
24            municipality;                                                                                                
25                 (3)  the number of existing restaurant or eating place licenses                                         
26                      (A)  within the boundaries of the municipality;                                                    
27 (B)  in a geographic area that the municipality serves under (2)                                                        
28            of this subsection;                                                                                          
29 (4)  information showing that the number of additional licenses                                                         
30 requested does not exceed one license for each 1,500 population of the population                                       
31       identified under (2) of this subsection; and                                                                      
01                 (5)  additional justification, as necessary, to demonstrate that granting                               
02       of the additional licenses is in the public interest.                                                             
03 (d)  If the board grants a petition for additional restaurant or eating place                                           
04 licenses under this section to a municipality, the board may not authorize additional                                   
05 restaurant or eating place licenses to the same municipality under this section for the                                 
06       following three years.                                                                                            
07    * Sec. 50. AS 04.11.405(a), enacted by sec. 49 of this Act, is amended to read:                                    
08            (a)  A first class city, a home rule city, or a unified municipality may submit a                            
09       resolution to the board, adopted by its legislative body, petitioning the board for the                           
10 issuance of additional restaurant or eating place licenses under AS 04.09.210                                       
11 [AS 04.11.100] that exceed the limits under AS 04.11.400(a) in accordance with this                                     
12       section.                                                                                                          
13    * Sec. 51. AS 04.11.405(b), enacted by sec. 49 of this Act, is amended to read:                                    
14 (b)  The board, following a public hearing, may issue one or more additional                                            
15 restaurant or eating place licenses under AS 04.09.210 [AS 04.11.100], within the                                   
16       boundaries of the municipality, if the board finds that                                                           
17                 (1)  the municipality                                                                                   
18 (A)  serves as a center for commercial activity within and                                                              
19 outside the boundaries of the municipality by providing goods and services to a                                         
20 population that is greater than the permanent resident population within the                                            
21            boundaries of the municipality;                                                                              
22                      (B)  maintains a local law enforcement department;                                                 
23                      (C)  exercises planning or land-use authority; and                                                 
24 (D)  at the time of the petition, meets or exceeds the maximum                                                          
25 limit under AS 04.11.400(a) for restaurant or eating place licenses issued under                                        
26            AS 04.09.210 [AS 04.11.100];                                                                             
27 (2)  the number of additional licenses does not exceed the number of                                                    
28       additional licenses requested by the municipality in the petition; and                                            
29                 (3)  granting the additional licenses is in the public interest.                                        
30    * Sec. 52. AS 04.11.420(a) is amended to read:                                                                     
31 (a)  A person may not be issued a new license, endorsement, or permit or                                    
01 transfer a license or a license with endorsement to a new location in a municipality                                
02 if a zoning regulation or ordinance prohibits the land use [SALE OR                                                 
03 CONSUMPTION OF ALCOHOLIC BEVERAGES] unless a variance of the                                                            
04       regulation or ordinance has been approved.                                                                        
05    * Sec. 53. AS 04.11.420 is amended by adding a new subsection to read:                                             
06            (c)  Notwithstanding (a) of this section, a license may be renewed if                                        
07                 (1)  the license was issued before the effective date of a change to a                                  
08       local zoning regulation or ordinance that would prohibit the renewal; and                                         
09                 (2)  at the time the license was issued, the license conformed with local                               
10       zoning regulations and ordinances.                                                                              
11    * Sec. 54. AS 04.11.430 is amended to read:                                                                        
12 Sec. 04.11.430. Person and location. (a) Each license shall be issued to a                                            
13 specific individual or individuals, to a partnership, including a limited partnership, to a                             
14 limited liability organization, [OR] to a corporation, to a government entity, or to a                              
15 tribal organization. If the license is issued to a corporation or a limited liability                               
16 organization, the registered agent of the corporation or limited liability organization                                 
17 may [MUST] be either an individual resident of the state or a domestic corporation                          
18 authorized to transact business in this state whose business office is the same as                                  
19       the registered office.                                                                                        
20 (b)  Except for a license authorizing the sale of alcoholic beverages on a                                              
21 common carrier, a specific location shall be indicated on the license, endorsement, or                              
22 permit as the licensed premises, the principal address of which shall be indicated on                                   
23 the license, endorsement, or permit. The mailing address, telephone number, and                                 
24 electronic mailing address of a licensee or, if the licensee is a corporation, the                                  
25 address, telephone number, and electronic mailing address of the registered office                                  
26       of the corporation must be kept current and on file in the main office of the board.                              
27    * Sec. 55. AS 04.11.450(b) is amended to read:                                                                     
28 (b)  A person who is a representative or owner of a wholesale business                                                  
29 licensed under AS 04.09.100 or 04.09.110 [, BREWERY, WINERY, BOTTLING                                               
30 WORKS, OR DISTILLERY] may not be issued, solely or together with others, a                                              
31 manufacturer license issued under AS 04.09.020 - 04.09.040, or a retail license                                     
01 issued under AS 04.09.200 - 04.09.360 [BEVERAGE DISPENSARY LICENSE, A                                               
02 RESTAURANT OR EATING PLACE LICENSE, OR PACKAGE STORE                                                                    
03 LICENSE. A HOLDER OF A BEVERAGE DISPENSARY LICENSE MAY BE                                                               
04 ISSUED A BREWPUB LICENSE, SUBJECT TO THE PROVISIONS OF                                                                  
05 AS 04.11.135. THE PROHIBITION AGAINST ISSUANCE OF A RESTAURANT                                                          
06 OR EATING PLACE LICENSE IMPOSED UNDER THIS SUBSECTION DOES                                                              
07 NOT APPLY TO A RESTAURANT OR EATING PLACE LICENSE ISSUED ON                                                             
08 OR BEFORE OCTOBER 1, 1996 OR A RESTAURANT OR EATING PLACE                                                               
09 LICENSE ISSUED UNDER AN APPLICATION FOR A RESTAURANT OR                                                                 
10       EATING PLACE LICENSE APPROVED ON OR BEFORE OCTOBER 1, 1996].                                                      
11    * Sec. 56. AS 04.11.450(e) is amended to read:                                                                     
12 (e)  A holder of either a general wholesale license or a limited wholesale                                          
13 brewed [MALT] beverage and wine license may not be employed by or act as the                                        
14 agent or employee of the holder of a manufacturer [BEVERAGE DISPENSARY OR                                           
15 PACKAGE STORE] license under AS 04.09.020 - 04.09.040 or a retail license                                           
16       under AS 04.09.200 - 04.09.360.                                                                               
17    * Sec. 57. AS 04.11.450 is amended by adding new subsections to read:                                              
18 (g)  The holder of a manufacturer license that annually produces in total                                               
19 300,000 barrels or more of brewed beverages or mead or cider containing less than 8.5                                   
20 percent alcohol by volume, 50,000 nine-liter-equivalent cases or more of wine, sake,                                    
21 or mead or cider containing 8.5 percent or more alcohol by volume, or 50,000 nine-                                      
22 liter-equivalent cases or more of distilled spirits may not be issued, solely or together                               
23       with others, a license under AS 04.09.100 - 04.09.360.                                                            
24 (h)  For purposes of calculating the volume that the holder of a manufacturer                                           
25 license produces under this section, the volume of production must include all                                          
26       production by                                                                                                     
27                 (1)  the holder of the manufacturer's license; and                                                      
28 (2)  an officer, director, agent, employee, or affiliate of the holder; in                                              
29 this paragraph, "affiliate" means a person that directly or indirectly, through one or                                  
30 more intermediaries, controls, or is controlled by, or is under common control with, a                                  
31       corporation.                                                                                                      
01    * Sec. 58. AS 04.11.460 is amended by adding a new subsection to read:                                             
02            (d)  This section does not apply to a winery direct shipment license issued                                  
03       under AS 04.09.360.                                                                                               
04    * Sec. 59. AS 04.11.470 is amended to read:                                                                        
05 Sec. 04.11.470. Objection. A person may object to an application for issuance,                                        
06 renewal, transfer of location, or transfer to another person of a license, for issuance,                            
07 renewal, or transfer to another person of a license with one or more                                                
08 endorsements, for issuance of an endorsement or for issuance of a permit, by                                        
09 serving upon the applicant and the board the reasons for the objection. The board shall                                 
10 consider the objections and testimony received at a hearing conducted under                                             
11 AS 04.11.510(b)(2) when it considers the application. An objection and the record of a                                  
12 hearing conducted under AS 04.11.510(b)(2) shall be retained as part of the board's                                     
13       permanent record of its review of the application.                                                                
14    * Sec. 60. AS 04.11.480(a) is amended to read:                                                                     
15 (a)  A local governing body may protest the issuance, renewal, relocation, or                                           
16 transfer to another person of a license, issuance, renewal, or transfer to another                                  
17 person of a license with one or more endorsements, or issuance of an                                                
18 endorsement by sending the board and the applicant a protest and the reasons for the                                
19 protest within 60 days of the date [RECEIPT FROM THE BOARD] of the notice of                                    
20 filing of the application. A protest received after the 60-day period may not be                                        
21 accepted by the board, and in no event may a protest cause the board to reconsider an                                   
22 approved renewal, relocation, or transfer. The local governing body may protest the                                     
23 continued operation of a license or endorsement during the second year of the                                       
24 biennial license period by sending the board and the licensee a protest and the reasons                                 
25 for the protest by January 31 of the second year of the license. The procedures for                                     
26 action on a protest of continued operation of a license or endorsement are the same as                              
27 the procedures for action on a protest of a renewal application. The board shall                                        
28 consider a protest and testimony received at a hearing conducted under                                                  
29 AS 04.11.510(b)(2) or (4) when it considers the application or continued operation,                                     
30 and the protest and the record of the hearing conducted under AS 04.11.510(b)(2) or                                     
31 (4) shall be kept as part of the board's permanent record of its review. If an application                              
01 or continued operation is protested, the board shall deny the application or continued                                  
02 operation unless the board finds that the protest is arbitrary, capricious, or [AND]                                
03       unreasonable.                                                                                                     
04    * Sec. 61. AS 04.11.480(b) is amended to read:                                                                     
05 (b)  If the permanent residents residing outside of but within two miles of an                                          
06 incorporated city or an established village wish to protest the issuance, renewal, or                                   
07 transfer of a license or a license with one or more endorsements within the city or                                 
08 village, they shall file with the board a petition meeting the requirements of                                          
09 AS 04.11.510(b)(3) requesting a public hearing not later than [WITHIN] 30 days                                      
10 after [OF] the posting of notice required under AS 04.11.310, or by December 31 of                                  
11 the year application is made for renewal of a license. The board shall consider                                         
12 testimony received at a hearing conducted under AS 04.11.510(b)(3) when it considers                                    
13 the application, and the record of a hearing conducted under AS 04.11.510(b)(3) shall                                   
14       be retained as part of the board's permanent record of its review of the application.                             
15    * Sec. 62. AS 04.11.480(c) is amended to read:                                                                     
16 (c)  A local governing body may recommend that a license be issued, renewed,                                            
17 relocated, or transferred, or that a license with one or more endorsements be                                       
18 issued, renewed, or transferred to another person, with conditions. The board shall                                 
19 consider recommended conditions and testimony received at a hearing conducted                                           
20 under AS 04.11.510(b)(2) or (4) when it considers the application or continued                                          
21 operation, and the recommended conditions and the record of the hearing conducted                                       
22 under AS 04.11.510(b)(2) or (4) shall be kept as part of the board's permanent record                                   
23 of its review. If the local governing body recommends conditions, the board shall                                       
24 impose the recommended conditions unless the board finds that the recommended                                           
25 conditions are arbitrary, capricious, or unreasonable. If a condition recommended by a                                  
26 local governing body is imposed on a licensee, the local governing body shall assume                                    
27 responsibility for monitoring compliance with the condition, except as otherwise                                        
28       provided by the board.                                                                                            
29    * Sec. 63. AS 04.11.480 is amended by adding a new subsection to read:                                             
30 (e)  If the location or proposed location of a license is within the boundaries of                                      
31 more than one local government, each local governing body may protest the issuance,                                     
01       renewal, relocation, or transfer of a license.                                                                    
02    * Sec. 64. AS 04.11.491(a) is amended to read:                                                                     
03            (a)  If a majority of the persons voting on the question vote to approve the                                 
04       option, a municipality shall adopt a local option to prohibit                                                     
05                 (1)  the sale of alcoholic beverages;                                                                   
06                 (2)  the sale of alcoholic beverages except by one or more of the                                       
07       following listed on the ballot:                                                                                   
08                      (A)  a restaurant or eating place licensee;                                                        
09                      (B)  a beverage dispensary licensee;                                                               
10                      (C)  a package store licensee;                                                                     
11 (D)  a caterer holding a beverage dispensary caterer's permit                                                       
12 under AS 04.09.610 [AS 04.11.230] to sell alcoholic beverages at a site within                                      
13 the municipality who is also licensed under a beverage dispensary license for                                           
14            premises outside of the municipality;                                                                        
15                      (E)  a winery manufacturer licensee;                                                           
16 (F)  a winery manufacturer licensee, except that sales may                                                          
17            occur only to a person licensed under this title or in another state or country; or                          
18                      (G)  an outdoor recreation lodge licensee;                                                         
19 (3)  the sale of alcoholic beverages except on premises operated by the                                                 
20 municipality and under a type of licensed premises listed on the ballot, that may                                       
21       include one or more of the following:                                                                             
22                      (A)  a restaurant or eating place license;                                                         
23                      (B)  a beverage dispensary license; or                                                             
24                      (C)  a package store license;                                                                      
25                 (4)  the sale and importation of alcoholic beverages; or                                                
26                 (5)  the sale, importation, and possession of alcoholic beverages.                                      
27    * Sec. 65. AS 04.11.491(b) is amended to read:                                                                     
28 (b)  If a majority of the persons voting on the question vote to approve the                                            
29       option, an established village shall exercise a local option to prohibit                                          
30                 (1)  the sale of alcoholic beverages;                                                                   
31 (2)  the sale of alcoholic beverages except by one or more of the                                                       
01       following listed on the ballot:                                                                                   
02                      (A)  a restaurant or eating place licensee;                                                        
03                      (B)  a beverage dispensary licensee;                                                               
04                      (C)  a package store licensee;                                                                     
05 (D)  a caterer holding a beverage dispensary caterer's permit                                                       
06 under AS 04.09.610 [AS 04.11.230] to sell alcoholic beverages at a site within                                      
07 the established village who is also licensed under a beverage dispensary license                                        
08            for premises outside of the established village;                                                             
09                      (E)  a winery manufacturer licensee;                                                           
10 (F)  a winery manufacturer licensee, except that sales may                                                          
11            occur only to a person licensed under this title or in another state or country; or                          
12                      (G)  an outdoor recreation lodge licensee;                                                         
13                 (3)  the sale and importation of alcoholic beverages; or                                                
14                 (4)  the sale, importation, and possession of alcoholic beverages.                                      
15    * Sec. 66. AS 04.11.491(d) is amended to read:                                                                     
16 (d)  The ballot for an election on the option set out in (a)(2)(A), (a)(3)(A), or                                       
17 (b)(2)(A) of this section must include a summary explanation of the authority to sell                                   
18 alcoholic beverages given to a restaurant or eating place under AS 04.09.210(a)                                     
19 [AS 04.11.100(a)]. The ballot for an election on the option set out in (a)(2)(B) or (D),                                
20 (a)(3)(B), or (b)(2)(B) or (D) of this section must include a statement that a beverage                                 
21 dispensary license is commonly known as a "bar" and a summary explanation of the                                        
22 authority to sell alcoholic beverages given to a beverage dispensary licensee under                                     
23 AS 04.09.200 [AS 04.11.090(a)]. The ballot for an election on the option set out in                                 
24 (a)(2)(C), (a)(3)(C), or (b)(2)(C) of this section must include a statement that a                                      
25 package store license is commonly known as a "liquor store" and a summary                                               
26 explanation of the authority to sell alcoholic beverages given to a package store                                       
27       licensee under AS 04.09.230 [AS 04.11.150(a)].                                                                
28    * Sec. 67. AS 04.11.491(g) is amended to read:                                                                     
29 (g)  If a municipality or established village has adopted a local option under                                          
30 (a)(1), (2), (3), or (4), or (b)(1), (2), or (3) of this section, the municipality or                                   
31 established village, as part of the local option question or questions placed before the                                
01       voters, may                                                                                                       
02                 (1)  adopt an amount of alcoholic beverages that may be imported that                                   
03       is less than the amounts set out in AS 04.09.460(e) [AS 04.11.150(g)];                                        
04                 (2)  adopt an amount of alcoholic beverages that would give rise to a                                   
05       presumption that the person possessed the alcoholic beverages for sale; the amounts                               
06       adopted under this paragraph may be lower than those set out in AS 04.11.010(c);                                  
07                 (3)  opt to not apply a class C felony to violations of AS 04.16.051 that                               
08       apply solely by reason of the municipality or established village adopting a local                                
09       option under this section.                                                                                        
10    * Sec. 68. AS 04.11.510(b) is amended to read:                                                                     
11 (b)  The board may review an application for the issuance, renewal, transfer of                                         
12 location, or transfer to another person of a license without affording the applicant                                    
13       notice or hearing, except                                                                                         
14 (1)  if an application is denied, written [THE] notice of denial shall be                                           
15 furnished immediately to the applicant [IMMEDIATELY IN WRITING] stating the                                         
16 reason for the denial in clear and concise language; the notice of denial must inform                                   
17 the applicant that the applicant is entitled to submit a request to the director, within                            
18 15 days after receiving the notice of denial, for an informal conference with either                                
19 the director or the board, and that, if not satisfied by the informal conference, the                                   
20 applicant is then entitled to a formal hearing conducted by the office of administrative                                
21 hearings (AS 44.64.010); the director shall respond to a request for an informal                                    
22 conference or a formal hearing in a timely manner and shall hold an informal                                        
23 conference within 15 days after receiving a request for an informal conference                                      
24 unless the applicant and the director agree in writing to waive or extend the time                                  
25 limit; if the applicant requests an informal conference, the running of the period                                  
26 for requesting a formal hearing is tolled from the date the director receives the                                   
27 request for the conference until the day after the date of the conference; if the                                   
28 applicant requests a formal hearing, the office of administrative hearings shall adhere                                 
29 to AS 44.62.330 - 44.62.630 (Administrative Procedure Act); all interested persons                                      
30 may be heard at the hearing [AND UNLESS WAIVED BY THE APPLICANT AND                                                     
31 THE BOARD, THE FORMAL HEARING SHALL BE HELD IN THE AREA FOR                                                             
01       WHICH THE APPLICATION IS REQUESTED];                                                                              
02 (2)  the board may, on its own initiative or in response to an objection                                                
03 or protest, hold a hearing to ascertain the reaction of the public or a local governing                                 
04 body to an application if a hearing is not required under this subsection; the board                                    
05 shall send notice of a hearing conducted under this paragraph 20 days in advance of                                     
06 the hearing to the person who filed the objection or protest, to a [EACH]                                           
07 community council, if the licensed premises or proposed licensed premises                                           
08 described in the application is located within the boundaries of the community                                      
09 council, [ESTABLISHED WITHIN THE MUNICIPALITY] and to each nonprofit                                                
10       community organization entitled to notification under AS 04.11.310(b);                                            
11 (3)  if a petition containing the signatures of 35 percent of the adult                                                 
12 residents having a permanent place of abode outside of but within two miles of an                                       
13 incorporated city or an established village is filed with the board, the board shall hold                               
14 a public hearing on the question of whether the issuance, renewal, or transfer of the                                   
15       license in the city or village would be in the public interest;                                                   
16 (4)  if a protest to the issuance, renewal, transfer of location or transfer                                            
17 to another person of a license made by a local governing body is based on a question                                    
18       of law, the board shall hold a public hearing.                                                                    
19    * Sec. 69. AS 04.11.510(c) is amended to read:                                                                     
20 (c)  Unless the grounds for the suspension or revocation are under                                                      
21 AS 04.11.370(a)(4), board proceedings to suspend or revoke a license shall be                                           
22 conducted in accordance with AS 44.62.360 - 44.62.630 [AS 44.62.330 - 44.62.630]                                    
23 (Administrative Procedure Act), except that the licensee may submit a request to the                                
24 director within 15 days after the accusation is served on the licensee for [IS                                      
25 ENTITLED TO] an opportunity to informally confer with the director or the board                                         
26 [WITHIN 10 DAYS AFTER THE ACCUSATION IS SERVED UPON THE                                                                 
27 LICENSEE]. Notice of the opportunity for an informal conference shall be served on                                  
28 [UPON] the licensee along with the accusation. The director shall respond to a                                      
29 request for an informal conference or a formal hearing in a timely manner. The                                      
30 director shall hold an informal conference within 15 days after receiving a                                         
31 request for an informal conference unless the applicant and the director agree in                                   
01 writing to waive or extend the time limit. After the informal conference, the                                       
02 board shall hold a formal hearing on the accusation at the next regularly                                           
03 scheduled board meeting that occurs 20 days or more after service of the                                            
04 accusation [IF AN INFORMAL CONFERENCE IS REQUESTED, THE RUNNING                                                     
05 OF THE PERIOD OF TIME SPECIFIED IN AS 44.62.380 FOR FILING A NOTICE                                                     
06 OF DEFENSE IS TOLLED FROM THE DATE OF RECEIPT OF THE REQUEST                                                            
07 FOR THE CONFERENCE UNTIL THE DAY FOLLOWING THE DATE OF THE                                                              
08 CONFERENCE UNLESS EXTENDED BY THE BOARD. AFTER THE                                                                      
09 CONFERENCE, THE LICENSEE, IF NOT SATISFIED BY THE RESULTS OF                                                            
10 THE CONFERENCE, MAY OBTAIN A HEARING BY FILING A NOTICE OF                                                              
11 DEFENSE AS PROVIDED IN AS 44.62.390]. If the grounds for suspension or                                                  
12 revocation are under AS 04.11.370(a)(4), the licensee is not entitled to notice and                                     
13 hearing under AS 44.62.360 - 44.62.630 [AS 44.62.330 - 44.62.630] on the merits of                                  
14 the suspension or revocation. However, the board shall afford the licensee notice and                                   
15       hearing on the issue of what administrative sanction to impose under AS 04.16.180.                                
16    * Sec. 70. AS 04.11.520 is amended to read:                                                                        
17 Sec. 04.11.520. Notice to local governing body. After receipt of an                                                   
18 application for the issuance or renewal of a license, the renewal of a license with                                 
19 one or more endorsements, the transfer of a license or a license with one or more                                   
20 endorsements to another person, transfer of a license to a new location, or the                                     
21 issuance of an endorsement from within [(1)] an established village, [(2)] an                                       
22 incorporated city, [(3)] an organized borough, or [(4)] a unified municipality, the                                     
23 board shall notify [TRANSMIT WRITTEN NOTICE TO] the local governing body in                                     
24 writing within 10 business days so that the local governing body may protest under                              
25       AS 04.11.480.                                                                                                     
26    * Sec. 71. AS 04.11.535(a) is amended to read:                                                                     
27 (a)  If, in a proceeding to suspend or revoke a license, endorsement, or permit                                     
28 under AS 04.11.370(a)(5), the board finds that a sentencing report, record of                                       
29 conviction, or judgment sent to the board under AS 12.55.025(b) or a report prepared                                
30 by the investigating or arresting officers in connection with the violation, contains                                   
31 information that if uncontradicted or unexplained would provide a ground for                                            
01 suspension or revocation under AS 04.11.370(a)(5), the licensee or permittee has the                                
02 burden of proof to establish that the licensee or permittee neither knowingly allowed                               
03 the violation nor recklessly or with criminal negligence failed to act in accordance                                    
04       with the duty prescribed under AS 04.21.030.                                                                      
05    * Sec. 72. AS 04.11.540 is amended to read:                                                                        
06 Sec. 04.11.540. License, endorsement, and conditional contractor's permit                                           
07 renewal and expiration. Notwithstanding AS 04.11.680, an application for renewal                                      
08 of a license, endorsement, or a conditional contractor's permit under                                               
09 AS 04.09.690 issued for the two calendar years ending December 31 or of a seasonal                                  
10 license issued for parts of those calendar years may be submitted up until the next                                     
11 February 28. If a complete application for renewal has not been filed by February 28                                    
12 or the required fees and the penalty fees have not been paid by that date, the license,                             
13 endorsement, or conditional contractor's permit expires at 12:00 midnight                                           
14 February 28. A new license may not be issued to the holder of an expired license for                                    
15 the same premises except on proof satisfactory to the board of good cause for the                                       
16       failure to file and pay.                                                                                        
17    * Sec. 73. AS 04.11.560(b) is amended to read:                                                                     
18 (b)  A decision by the board relating to the issuance, renewal, transfer,                                               
19 relocation, suspension, or revocation of a license or an endorsement under this title                               
20       may be appealed to the superior court under AS 44.62.560.                                                         
21    * Sec. 74. AS 04.11.570 is amended to read:                                                                        
22 Sec. 04.11.570. Refund and forfeiture of fees. (a) If an application for a                                            
23 license or endorsement is denied, the board shall refund the license fee but not                                
24       [LESS] the application fee.                                                                                     
25 (b)  A license or endorsement fee may not be refunded after the license or                                      
26 endorsement has been issued unless the board determines it has erred in the issuance                                
27       through no fault of the applicant.                                                                                
28 (c)  If a license, endorsement, or permit is revoked on grounds that                                                
29 statements made in the application are untrue, the [LICENSE] fee paid by the                                            
30       applicant is forfeited to the state.                                                                              
31    * Sec. 75. AS 04.11.580(b) is amended to read:                                                                     
01            (b)  The licensee shall surrender a current license to the board not later than                          
02       [WITHIN] 10 days after the loss or vacation of the licensed premises.                                             
03    * Sec. 76. AS 04.11.590(a) is amended to read:                                                                     
04            (a)  Money collected from licenses, endorsements, permits, and civil fines                               
05       under this title shall be transferred by the board to the Department of Commerce,                                 
06       Community, and Economic Development and deposited in the general fund.                                            
07    * Sec. 77. AS 04.11.610 is amended to read:                                                                        
08            Sec. 04.11.610. Allocation [REFUND] to municipalities. (a) An amount                                 
09       equal to the sum of the biennial [BIENNIAL] license fees, excluding annual                                    
10 wholesale fees and biennial wholesale license fees, collected within a municipality                                     
11       shall be allocated [REFUNDED] semi-annually to the municipality.                                            
12 (b)  If the officers of a municipality fail to actively enforce local ordinances,                                       
13 this title, laws of the United States and the state, and the regulations relating to the                            
14 manufacture and sale of alcoholic beverages in the state, or fail to provide the                                    
15 director with a report of contacts with licensed establishments, educational                                        
16 activities concerning this title and local ordinances, and violations of this title                                 
17 occurring in the municipality, at the time and in the format as may be required                                     
18 by regulation adopted by the board, the commissioner of commerce, community,                                        
19 and economic development may deny the allocation [REFUND] provided for under                                        
20 (a) of this section until the board finds the enforcement of the ordinances, laws, and                                  
21       regulations is resumed or the report is provided.                                                             
22 (c)  The Department of Commerce, Community, and Economic Development                                                    
23 shall recover any funds [AMOUNTS] erroneously allocated [REFUNDED] under (a)                                    
24 of this section. The Department of Commerce, Community, and Economic                                                    
25 Development shall schedule repayments of erroneously allocated funds                                                
26 [REFUNDED AMOUNTS] over a sufficient period of time to minimize financial                                               
27       hardship to the municipality involved.                                                                            
28    * Sec. 78. AS 04.11.630(b) is amended to read:                                                                     
29 (b)  A license, endorsement, or permit issued under this title shall be posted                                      
30 within the licensed premises or designated premises so as to be easily available for                                
31 inspection upon request by a peace officer or other person during regular business                                      
01       hours or during the period specified on the permit.                                                           
02    * Sec. 79. AS 04.11.680 is amended to read:                                                                        
03 Sec. 04.11.680. Duration of licenses, endorsements, and permits. (a) Upon                                           
04 application [AND PAYMENT OF ONE-HALF OF THE BIENNIAL FEE], the board                                                    
05 may issue a seasonal license under this title that is effective for the intervals stated on                             
06 the license. [A SEASONAL LICENSE MAY NOT BE EFFECTIVE FOR MORE                                                          
07 THAN 12 MONTHS IN A TWO-YEAR PERIOD.] Otherwise, a license or                                                       
08 endorsement [ALL LICENSES] issued under this title and a conditional                                            
09 contractor's permit issued under AS 04.09.690 is [OTHER THAN A RETAIL                                               
10 STOCK SALE LICENSE ARE] effective for the two calendar years ending                                                     
11       December 31, unless a shorter period is prescribed by the board or by law.                                      
12 (b)  A permit issued under this title shall be for a specific time [THE] period                                     
13 [PRESCRIBED BY THE BOARD]. The period shall be clearly designated on the                                                
14       permit.                                                                                                           
15    * Sec. 80. AS 04.16.010(c) is amended to read:                                                                     
16 (c)  A licensee, an agent, or employee may not permit a person to enter and a                                           
17 person may not enter premises licensed under this title between the hours of 5:00 a.m.                                  
18       and 8:00 a.m. each day, unless the person is                                                                  
19 (1)  on the premises to conduct business with the licensee, agent, or                                               
20 employee, and the licensee, agent, or employee is in compliance with (a) and (b)                                    
21       of this section;                                                                                              
22 (2)  a common carrier with a common carrier dispensary license                                                      
23       under AS 04.09.260;                                                                                           
24 (3)  [. THIS SUBSECTION DOES NOT APPLY TO COMMON                                                                    
25 CARRIERS OR TO] an employee of the licensee who is on the premises to prepare                                           
26       for the next day's business;                                                                                  
27 (4)  performing maintenance or improvements authorized by the                                                       
28       licensee;                                                                                                     
29 (5)  [. A PERSON MAY ENTER OR REMAIN] on the premises [OF                                                           
30 A BONA FIDE RESTAURANT OR EATING PLACE LICENSED UNDER THIS                                                              
31 TITLE] to consume food or nonalcoholic beverages and the premises are covered                                       
01       under a restaurant endorsement issued under AS 04.09.450.                                                     
02    * Sec. 81. AS 04.16.010 is amended by adding a new subsection to read:                                             
03            (e)  A person who violates (a), (b), or (c) of this section is guilty of a violation.                        
04    * Sec. 82. AS 04.16.015(a) is amended to read:                                                                     
05            (a)  On premises where alcoholic beverages are sold by the drink, a licensee or                              
06       a licensee's agent or employee may not                                                                            
07 (1)  offer or deliver, as a marketing device to the general public, free                                                
08 alcoholic beverages to a patron, except as provided for the holder of a                                             
09 manufacturer sampling endorsement under AS 04.09.410 or a package store                                             
10       sampling endorsement under AS 04.09.490;                                                                      
11 (2)  deliver an alcoholic beverage to a person already possessing two or                                                
12       more;                                                                                                             
13 (3)  sell, offer to sell, or deliver alcoholic beverages to a person or                                                 
14 group of persons at a price less than the price regularly charged for the beverages                                     
15 during a consecutive seven-day period [THE SAME CALENDAR WEEK], except at                                           
16       private functions not open to the general public;                                                                 
17 (4)  sell, offer to sell, or deliver an unlimited number of alcoholic                                                   
18       beverages to a person or group of persons during a set period of time for a fixed price;                          
19 (5)  sell, offer to sell, or deliver alcoholic beverages to a person or                                                 
20 group of persons on any one day at prices less than those charged the general public                                    
21       on that day, except at private functions not open to the general public;                                          
22 (6)  encourage or permit an organized game or contest on the licensed                                                   
23 premises that involves drinking alcoholic beverages or the awarding of alcoholic                                        
24       beverages as prizes.                                                                                              
25    * Sec. 83. AS 04.16.015 is amended by adding a new subsection to read:                                             
26            (e)  A person who violates this section is guilty of a violation.                                            
27    * Sec. 84. AS 04.16 is amended by adding a new section to read:                                                    
28 Sec. 04.16.017. Trade practices. (a) A person holding a license under                                                 
29 AS 04.09.020, 04.09.030, 04.09.040, 04.09.100, or 04.09.110 or engaged in the                                           
30 alcoholic beverage industry in another state or country as a brewer, vintner, distiller,                                
31 or importer, or as an agent of a brewer, vintner, distiller, or importer, may not, except                               
01       as provided in regulations adopted by the board under (b) of this section, induce a                               
02       person holding a license under this title to                                                                      
03                 (1)  operate as a tied house by inducing a retailer engaged in the sale of                              
04       alcoholic beverages to purchase products from an entity to the exclusion, in whole or                             
05       in part, of products sold or offered for sale by other entities by                                                
06 (A)  furnishing, giving, renting, lending, or selling to the retailer                                                   
07 equipment fixtures, signs, supplies, money, services, or other things of value,                                         
08 except those excluded in regulation and determined to be not contrary to the                                            
09            public interest or contrary to the intent of this subsection;                                                
10 (B)  paying or crediting the retailer for an advertising, display,                                                      
11            or distribution service;                                                                                     
12 (C)  guaranteeing a loan or the repayment of a financial                                                                
13            obligation of the retailer;                                                                                  
14 (D)  extending to the retailer credit for a period in excess of the                                                     
15 credit period usual and customary to the industry for the particular class of                                           
16            transactions; or                                                                                             
17 (E)  requiring the retailer to take and dispose of a certain quota                                                      
18            of the products;                                                                                             
19 (2)  operate as an exclusive outlet by requiring that a retailer engaged in                                             
20 the sale of alcoholic beverages purchase products from an entity to the exclusion, in                                   
21       whole or in part, of alcoholic beverages sold or offered for sale by other entities;                              
22 (3)  purchase products from an entity to the exclusion, in whole or in                                                  
23       part, of products sold or offered for sale by other entities by                                                   
24                      (A)  commercial bribery; or                                                                        
25 (B)  offering or giving any bonus, premium, or compensation to                                                          
26            an officer, employee, or representative of the licensee;                                                     
27 (4)  enter into an agreement for consignment sales, or to purchase, offer                                               
28 to purchase, or contract to purchase products on consignment, under conditional sale,                                   
29 or with the privilege of return on any basis other than a bona fide sale, or where part of                              
30 the transaction involves, directly or indirectly, the acquisition by an entity from the                                 
31 licensee or the entity's agreement to acquire from the licensee other alcoholic                                         
01       beverages, except that this paragraph does not apply to transactions involving solely                             
02       the return of merchandise for ordinary and usual commercial reasons arising after the                             
03       merchandise has been sold.                                                                                        
04            (b)  The board shall adopt regulations providing exceptions to the practices                                 
05       listed under (a) of this section that are                                                                         
06                 (1)  consistent with federal law at the time of the effective date of this                              
07       section;                                                                                                          
08                 (2)  necessary to avoid practical difficulty or undue hardship on a                                     
09       licensee;                                                                                                         
10                 (3)  in the best interests of the public; and                                                           
11                 (4)  consistent with the requirements of this title.                                                    
12 (c)  The board shall adopt regulations establishing administrative penalties for                                        
13       a violation of this section.                                                                                      
14 (d)  In this section, "commercial bribery," "consignment sales," "exclusive                                             
15 outlet," and "tied house" have the meanings given in 27 U.S.C. 205 and regulations                                      
16       adopted under that section.                                                                                       
17    * Sec. 85. AS 04.16.020 is amended by adding new subsections to read:                                              
18 (d)  A person who violates a provision of this section commits the offense of                                           
19       unauthorized solicitation or purchase of alcoholic beverages.                                                     
20 (e)  Unauthorized solicitation or purchase of alcoholic beverages is a violation                                        
21       and is punishable by a fine of $100.                                                                              
22    * Sec. 86. AS 04.16 is amended by adding a new section to read:                                                    
23 Sec. 04.16.022. Online sale and purchase of alcoholic beverages. (a) A                                                
24 licensee or a licensee's agent or employee may not sell or offer to sell alcoholic                                      
25 beverages to the public online unless the licensee holds a winery direct shipment                                       
26 license issued under AS 04.09.360 or a package store shipping endorsement under                                         
27       AS 04.09.460.                                                                                                     
28 (b)  A person may not purchase alcoholic beverages online except from the                                               
29 holder of a winery direct shipment license issued under AS 04.09.360 or a package                                       
30       store shipping endorsement under AS 04.09.460.                                                                    
31 (c)  A person who violates (a) of this section is, upon conviction, guilty of a                                         
01       class A misdemeanor.                                                                                              
02            (d)  A person who violates (b) of this section is guilty of a violation.                                     
03    * Sec. 87. AS 04.16.025(a) is amended to read:                                                                     
04            (a)  A person may not knowingly enter or remain on premises                                                  
05                 (1)  in which alcoholic beverages are manufactured, sold, offered for                                   
06       sale, possessed for sale or barter, trafficked in, or bartered in violation of                                    
07                      (A)  AS 04.09.060, 04.09.070, 04.09.145, 04.09.370, 04.09.380,                                 
08            or AS 04.11.010; or                                                                                      
09                      (B)  a municipal ordinance adopted under AS 04.21.010(a) or                                        
10            (b); or                                                                                                      
11 (2)  licensed under this title during hours in which the person's presence                                              
12 on the premises is a violation of a municipal ordinance adopted under authority of                                      
13 AS 04.16.010(d) providing for hours of closure that are outside the hours of closure                                    
14       prescribed by AS 04.16.010(c).                                                                                    
15    * Sec. 88. AS 04.16.030 is amended by adding new subsections to read:                                              
16 (c)  A person who violates this section commits the offense of prohibited                                               
17       conduct relating to a drunken person.                                                                             
18 (d)  Prohibited conduct relating to a drunken person is a violation, punishable                                         
19       by a fine of $500.                                                                                                
20 (e)  The holder of a license is strictly and vicariously liable for an offense                                          
21 committed under (c) of this section by an employee or agent of the licensee on the                                      
22 licensed premises, punishable by an administrative penalty of $250. Notwithstanding                                     
23 AS 04.11.370(a)(4) and (5) and AS 04.16.180(b)(1), the board may not order                                              
24 suspension of the license for the first violation committed on the licensed premises                                    
25       under this section.                                                                                               
26 (f)  A licensee who knowingly allows an agent or employee of the licensee to                                            
27 commit the offense of prohibited conduct relating to a drunken person under (c) of this                                 
28 section commits the offense of failure to ensure compliance relating to a drunken                                       
29       person.                                                                                                           
30 (g)  Failure to ensure compliance relating to a drunken person is a class A                                             
31       misdemeanor.                                                                                                      
01    * Sec. 89. AS 04.16.035 is amended to read:                                                                        
02 Sec. 04.16.035. Possession of ingredients for homebrew in certain areas. A                                            
03 person residing in an area that has adopted a local option under AS 04.11.491 [TO                                   
04 PROHIBIT THE SALE, IMPORTATION, AND POSSESSION OF ALCOHOLIC                                                             
05 BEVERAGES UNDER AS 04.11.491(a)(5) OR (b)(4)] may not possess sugar,                                                    
06 artificial sugar, malt, yeast, or any other material or equipment with the intent to use                                
07       the material or equipment to create an alcoholic beverage.                                                      
08    * Sec. 90. AS 04.16.035 is amended by adding new subsections to read:                                              
09            (b)  A person who knowingly violates this section commits the crime of                                       
10       possession of ingredients for homebrew.                                                                           
11            (c)  Possession of ingredients for homebrew is a class A misdemeanor.                                      
12    * Sec. 91. AS 04.16.040 is amended by adding new subsections to read:                                              
13 (b)  A person who violates this section commits the offense of prohibited                                               
14       access by a drunken person.                                                                                       
15            (c)  Prohibited access by a drunken person is a violation.                                                   
16    * Sec. 92. AS 04.16.045 is amended by adding new subsections to read:                                              
17 (b)  A person who violates this section commits the offense of permitting                                               
18       consumption not authorized under a license.                                                                       
19            (c)  Permitting consumption not authorized under a license is a violation.                                   
20    * Sec. 93. AS 04.16.047 is amended by adding new subsections to read:                                              
21 (d)  A person who is restricted from purchasing alcohol under AS 04.16.160                                              
22 who knowingly violates (a) of this section commits the offense of entering or                                           
23       remaining on licensed premises.                                                                                   
24            (e)  Entering or remaining on licensed premises is a class A misdemeanor.                                    
25    * Sec. 94. AS 04.16.049(a) is amended to read:                                                                     
26 (a)  A person under 21 years of age may not knowingly enter or remain in                                                
27       premises licensed under this title unless                                                                         
28 (1)  accompanied by a parent, guardian, or spouse who has attained 21                                                   
29       years of age;                                                                                                     
30 (2)  the person is allowed to enter and remain on [AT LEAST 16                                                      
31 YEARS OF AGE,] the premises under a restaurant endorsement issued under                                             
01 AS 04.09.450 [ARE DESIGNATED BY THE BOARD AS A RESTAURANT FOR                                                       
02 THE PURPOSES OF THIS SECTION, AND THE PERSON ENTERS AND                                                                 
03       REMAINS ONLY FOR DINING;                                                                                          
04 (3)  THE PERSON IS UNDER 16 YEARS OF AGE, IS                                                                            
05 ACCOMPANIED BY A PERSON OVER 21 YEARS OF AGE, THE PARENT OR                                                             
06 GUARDIAN OF THE UNDERAGED PERSON CONSENTS, THE PREMISES ARE                                                             
07 DESIGNATED BY THE BOARD AS A RESTAURANT FOR THE PURPOSES OF                                                             
08 THIS SECTION, AND THE PERSON ENTERS AND REMAINS ONLY FOR                                                                
09       DINING];                                                                                                          
10 (3) [(4)]  the person is permitted on the premises under a club license                                             
11       issued under AS 04.09.220(g) or former AS 04.11.110(g); or                                                    
12                 (4) [(5)]  otherwise provided under (c), (d), or (g) of this section.                               
13    * Sec. 95. AS 04.16.049(c) is amended to read:                                                                     
14 (c)  Notwithstanding any other provision in this section, a person 16 or 17                                             
15 years of age may enter and remain within the licensed premises of a hotel or motel,                                 
16 large resort, golf course, general wholesaler, limited brewed beverage and wine                                 
17 wholesaler, common carrier dispensary, outdoor recreation lodge, or restaurant                                      
18       [OR EATING PLACE] in the course of employment if                                                                  
19 (1)  the employment does not involve the serving, mixing, delivering,                                                   
20       or dispensing of alcoholic beverages;                                                                             
21                 (2)  the person has the written consent of a parent or guardian; and                                    
22 (3)  an exemption from the prohibition of AS 23.10.355 is granted by                                                    
23 the Department of Labor and Workforce Development. [THE BOARD, WITH THE                                                 
24 APPROVAL OF THE GOVERNING BODY HAVING JURISDICTION AND AT                                                               
25 THE LICENSEE'S REQUEST, SHALL DESIGNATE WHICH PREMISES ARE                                                              
26 HOTELS, GOLF COURSES, RESTAURANTS, OR EATING PLACES FOR THE                                                             
27       PURPOSES OF THIS SUBSECTION.]                                                                                     
28    * Sec. 96. AS 04.16.049(d) is amended to read:                                                                     
29 (d)  Notwithstanding any other provision in this section, a person 18, 19, or 20                                        
30 years of age may be employed within the licensed premises of a hotel or motel, large                                
31 resort, golf course, general wholesaler, limited brewed beverage and wine                                       
01 wholesaler, common carrier dispensary, outdoor recreation lodge, or restaurant                                      
02 [OR EATING PLACE], may enter and remain within those premises for the purpose                                           
03 of employment, but may not, in the course of employment, sell, serve, deliver, or                                       
04       dispense alcoholic beverages.                                                                                     
05    * Sec. 97. AS 04.16.049 is amended by adding a new subsection to read:                                             
06 (j)  Notwithstanding any other provision in this section, a person under 21                                             
07 years of age may be present on the licensed premises of a common carrier dispensary,                                    
08 destination resort, or outdoor recreation lodge for the purpose of travel, travel lodging,                              
09       or outdoor recreation activities provided by the licensee if the person is                                        
10                 (1)  at least 16 years of age; or                                                                       
11 (2)  under 16 years of age and a parent or legal guardian of the                                                        
12       underaged person consents.                                                                                        
13    * Sec. 98. AS 04.16.051(d) is repealed and reenacted to read:                                                      
14 (d)  A person who, with criminal negligence, furnishes or delivers an alcoholic                                         
15 beverage to a person under 21 years of age in violation of (a) of this section commits                                  
16       the crime of furnishing or delivering to a minor.                                                                 
17    * Sec. 99. AS 04.16.051 is amended by adding a new subsection to read:                                             
18            (e)  Furnishing or delivering to a minor is                                                                  
19 (1)  a class A misdemeanor, except as provided in (2) of this                                                           
20       subsection;                                                                                                       
21                 (2)  a class C felony if                                                                                
22 (A)  within the five years preceding the violation, the person has                                                      
23            been previously convicted under                                                                              
24                           (i)  this section; or                                                                         
25 (ii)  a law or ordinance of this or another jurisdiction                                                                
26                 with elements substantially similar to this section;                                                    
27 (B)  the person who receives the alcoholic beverage negligently                                                         
28 causes serious physical injury to or the death of another person while under the                                        
29 influence of the alcoholic beverage received in violation of this section; in this                                      
30            subparagraph,                                                                                                
31 (i)  "negligently" means acting with civil negligence;                                                                  
01                 and                                                                                                     
02                           (ii)  "serious physical injury" has the meaning given in                                      
03                 AS 11.81.900; or                                                                                        
04 (C)  the violation occurs within the boundaries of a municipality                                                       
05 or the perimeter of an established village that has adopted a local option under                                        
06 AS 04.11.491 and has not opted out of applying a class C felony to violations                                           
07            of this section under AS 04.11.491(g).                                                                     
08    * Sec. 100. AS 04.16.052 is amended by adding new subsections to read:                                             
09            (b)  The holder of a license is strictly liable for an offense committed under (a)                           
10 of this section by an employee or agent of the licensee on the licensed premises,                                       
11 punishable by an administrative penalty of $250. Notwithstanding AS 04.11.370(a)(4)                                     
12 and (5) and AS 04.16.180(b)(1), the board may not order suspension of the license for                                   
13       the first violation committed on the licensed premises under this section.                                        
14 (c)  A person who violates (a) of this section commits the offense of licensee,                                         
15       employee, or agent furnishing alcohol to a minor.                                                                 
16 (d)  Licensee, employee, or agent furnishing alcohol to a minor is a violation                                          
17       and is punishable by a fine of $500.                                                                              
18 (e)  A licensee who knowingly allows an agent or employee of the licensee to                                            
19 commit the offense of licensee, employee, or agent furnishing alcohol to a minor                                        
20 under (c) of this section commits the offense of failure to ensure compliance relating                                  
21       to furnishing alcohol to a minor.                                                                                 
22 (f)  Failure to ensure compliance relating to furnishing alcohol to a minor is a                                        
23       class A misdemeanor.                                                                                              
24    * Sec. 101. AS 04.16.055 is amended by adding new subsections to read:                                             
25 (b)  A person who knowingly rents a room in a hotel, motel, resort, or similar                                          
26 business for the purpose of providing alcoholic beverages to a person under 21 years                                    
27 of age commits the crime of renting a room for the purpose of providing alcoholic                                       
28       beverages to a person under 21 years of age.                                                                      
29 (c)  Renting a room for the purpose of providing alcoholic beverages to a                                               
30       person under 21 years of age is a class A misdemeanor.                                                            
31    * Sec. 102. AS 04.16.057(b) is amended to read:                                                                    
01            (b)  A person who violates this section is guilty of a violation and is                                  
02       punishable by a fine of $500 [SHALL BE PUNISHED AS PROVIDED IN                                                
03       AS 12.55].                                                                                                        
04    * Sec. 103. AS 04.16.060(e) is amended to read:                                                                    
05 (e)  A person under the age of 21 who is seeking to enter and remain in a                                               
06 licensed premises under AS 04.16.049(a)(2) [OR (3)] may not misrepresent the                                            
07 person's age or having obtained the consent of the parent or guardian required by that                                  
08       section.                                                                                                          
09    * Sec. 104. AS 04.16.060 is amended by adding new subsections to read:                                             
10 (g)  A person who violates (a) of this section commits the offense of purchase                                          
11       by a person under 21 years of age.                                                                                
12 (h)  A person who violates (b) or (c) of this section commits the offense of                                            
13       delivery to a person under 21 years of age.                                                                       
14 (i)  Purchase by a person under 21 years of age is a violation and is punishable                                        
15       by a fine of $500.                                                                                                
16 (j)  Delivery to a person under 21 years of age is a violation and is punishable                                        
17       by a fine of $500.                                                                                                
18 (k)  For a person under 21 years of age who commits an offense under (g) of                                             
19 this section, the violation must be charged and filed with the court as a separate case                                 
20 and may not be combined or joined with any other minor offense or criminal charge in                                    
21 one action at the time of filing. A court may reduce the fine to $50 for a person who                                   
22 has not more than one previous violation or to $250 for a person who has two or more                                    
23 previous violations if the person provides the court, not later than six months after a                                 
24       judgment of conviction is entered, with proof of completion of                                                    
25 (1)  an alcohol safety action program or a juvenile alcohol safety action                                               
26 program developed, designated, or approved by the Department of Health and Social                                       
27       Services under AS 47.37; or                                                                                       
28                 (2)  a community diversion panel.                                                                       
29    * Sec. 105. AS 04.16.080 is amended to read:                                                                       
30 Sec. 04.16.080. Consumption [SALES OR CONSUMPTION] at school                                                        
31 events. A person who is 21 years of age or older may not [SELL OR] consume                                        
01       alcoholic beverages during a school event at the site of the event if the event is                            
02       expected to attract attendees under 21 years of age.                                                        
03    * Sec. 106. AS 04.16.080 is amended by adding new subsections to read:                                             
04            (b)  A person who is 21 years of age or older who consumes an alcoholic                                      
05       beverage during a school event at the site of the event under (a) of this section                                 
06       commits the offense of consuming at a school event.                                                               
07            (c)  Consuming at a school event is a violation and is punishable by a fine of                               
08       $100.                                                                                                             
09    * Sec. 107. AS 04.16.090(c) is amended to read:                                                                    
10 (c)  In [FOR THE PURPOSES OF] this section, "consideration" includes                                                
11 [BUT IS NOT LIMITED TO] cover charge, the sale of food, ice, mixers, or other                                           
12 liquids used with alcoholic beverage drinks, [OR] the furnishing of glassware or other                                  
13 containers for use in the consumption of alcoholic beverages, other charges for                                     
14 access to the licensed premises, or other services or products provided on the                                      
15       licensed premises.                                                                                            
16    * Sec. 108. AS 04.16.090 is amended by adding new subsections to read:                                             
17 (d)  A person who knowingly violates this section commits the crime of                                                  
18       maintaining a bottle club.                                                                                        
19            (e)  Maintaining a bottle club is a class A misdemeanor.                                                     
20    * Sec. 109. AS 04.16.110 is amended by adding new subsections to read:                                             
21 (b)  A person who knowingly sells an alcoholic beverage in violation of (a) of                                          
22       this section commits the crime of sale of a prohibited alcoholic beverage.                                        
23            (c)  Sale of a prohibited alcoholic beverage is a class A misdemeanor.                                       
24    * Sec. 110. AS 04.16.120 is amended by adding new subsections to read:                                             
25 (d)  A person who removes an alcoholic beverage from licensed premises in                                               
26 violation of (a) of this section and a person who brings an alcoholic beverage onto                                     
27 licensed premises in violation of (b) of this section commits the offense of removal or                                 
28       introduction of alcoholic beverages.                                                                              
29 (e)  Notwithstanding (a) of this section, the holder of a beverage dispensary                                           
30 license under AS 04.09.200, the holder of a beverage dispensary tourism license under                                   
31 AS 04.09.340, or the holder's employee may transport alcoholic beverages across                                         
01       unlicensed portions of a hotel, motel, or large resort if the                                                     
02                 (1)  licensee holds an endorsement under AS 04.09.430 or 04.09.440;                                     
03       and                                                                                                               
04                 (2)  licensee or employee is walking directly from one licensed area of                                 
05       the premises to another licensed area.                                                                            
06            (f)  Removal or introduction of alcoholic beverages is a violation and is                                    
07       punishable by a fine of $100.                                                                                     
08    * Sec. 111. AS 04.16.125(a) is amended to read:                                                                    
09            (a)  A person may [NOT] use a common carrier approved by the board                                       
10 under AS 04.09.750(b) to transport alcoholic beverages into an area that has restricted                             
11 the sale of alcoholic beverages under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2) if                           
12       [UNLESS]                                                                                                          
13 (1)  the shipping container holding the alcoholic beverages is clearly                                                  
14 labeled as containing alcoholic beverages [WITH LETTERS THAT CONTRAST IN                                                
15 COLOR TO THE SHIPPING CONTAINER AND THAT ARE AT LEAST TWO                                                               
16       INCHES IN HEIGHT]; and                                                                                            
17 (2)  an itemized invoice showing the quantity and purchase value of                                                     
18 distilled spirits, [OF] wine, and brewed [OF MALT] beverages is attached to the                                     
19       outside of the shipping container.                                                                                
20    * Sec. 112. AS 04.16.125(b) is amended to read:                                                                    
21            (b)  This section does not apply to                                                                          
22                 (1)  a person transporting [NOT MORE THAN]                                                              
23                      (A)  two liters or less of wine;                                                               
24                      (B)  one gallon or less of brewed [MALT] beverages; or                                     
25                      (C)  one liter or less of distilled spirits; or                                                
26 (2)  the transportation of alcoholic beverages for use on premises                                                      
27 allowed under AS 04.11.491(a)(2) or (3) [AS 04.11.491(a)(2) - (3)] or (b)(2) or for                                 
28       use under a permit allowed under AS 04.11.491(a)(2).                                                              
29    * Sec. 113. AS 04.16.125 is amended by adding new subsections to read:                                             
30 (d)  A person who knowingly violates this section commits the crime of                                                  
31 unauthorized transportation of alcoholic beverages by common carrier into a local                                       
01       option area.                                                                                                      
02            (e)  Unauthorized transportation of alcoholic beverages by common carrier into                               
03       a local option area is a class A misdemeanor.                                                                     
04    * Sec. 114. AS 04.16.130 is amended by adding new subsections to read:                                             
05            (c)  A person who violates this section commits the offense of unauthorized                                  
06       storage of alcoholic beverages.                                                                                   
07            (d)  Unauthorized storage of alcoholic beverages is a violation.                                             
08    * Sec. 115. AS 04.16.140 is amended by adding new subsections to read:                                             
09            (b)  A person who knowingly violates (a) of this section commits the offense                                 
10       of sale or consumption of an alcoholic beverage in a warehouse.                                                   
11 (c)  Sale or consumption of an alcoholic beverage in a warehouse is a violation.                                        
12    * Sec. 116. AS 04.16.150 is amended by adding new subsections to read:                                             
13 (b)  Except as provided under AS 04.16.030(f) and 04.16.052(e), a licensee                                              
14 who knowingly violates (a) of this section commits the offense of failure to ensure                                     
15       compliance.                                                                                                       
16            (c)  Failure to ensure compliance is a violation.                                                            
17    * Sec. 117. AS 04.16.160 is amended by adding new subsections to read:                                             
18 (c)  A person who knowingly fails to comply with a restriction on purchasing                                            
19 alcoholic beverages in violation of (a) of this section commits the crime of failure to                                 
20       comply with a restriction on purchasing alcoholic beverages.                                                      
21 (d)  Failure to comply with a restriction on purchasing alcoholic beverages is a                                        
22       class A misdemeanor.                                                                                              
23    * Sec. 118. AS 04.16.170(b) is amended to read:                                                                    
24 (b)  A person transporting alcoholic beverages into the state may not sell those                                        
25 alcoholic beverages to a person not licensed under this title, unless the alcoholic                                     
26 beverages are used for religious, industrial, pharmaceutical, or medical purposes, or as                            
27       allowed under AS 04.09.360.                                                                                   
28    * Sec. 119. AS 04.16.170 is amended by adding new subsections to read:                                             
29 (c)  A licensee who knowingly violates (a) or (b) of this section commits the                                           
30       crime of sale of alcoholic beverages from or to an unlicensed person.                                             
31 (d)  Sale of alcoholic beverages from or to an unlicensed person is a class A                                           
01       misdemeanor.                                                                                                      
02    * Sec. 120. AS 04.16.172 is amended to read:                                                                       
03 Sec. 04.16.172. Restrictions on purchase and sale of alcoholic beverages. A                                           
04 person licensed under AS 04.09.200, 04.09.210, 04.09.220, 04.09.230, 04.09.270,                                     
05 04.09.280, 04.09.290, 04.09.300, 04.09.310, 04.09.320, 04.09.330, 04.09.340, or                                     
06 04.09.350 [AS 04.11.090, 04.11.100, 04.11.110, OR 04.11.150] may not purchase,                                      
07 sell, or offer for sale an alcoholic beverage unless the alcoholic beverage being                                       
08       purchased, sold, or offered for sale was obtained from a person licensed under                                  
09                 (1)  AS 04.09.100 or 04.09.110 [AS 04.11.160] as a primary source of                                
10       supply for the alcoholic beverage being purchased, sold, or offered for sale;                                     
11 (2)  AS 04.09.230 [AS 04.11.150] and the alcoholic beverage being                                                   
12 purchased, sold, or offered for sale was obtained from a person licensed under                                          
13       AS 04.09.100 or 04.09.110 [AS 04.11.160] as a primary source of supply; or                                    
14 (3)  AS 04.09.020, 04.09.030, or 04.09.040 [AS 04.11.130, 04.11.140,                                                
15       OR 04.11.170].                                                                                                    
16    * Sec. 121. AS 04.16.172 is amended by adding new subsections to read:                                             
17 (b)  A licensee who knowingly violates (a) of this section commits the crime of                                         
18       licensee obtaining alcoholic beverages from an unlicensed seller.                                                 
19 (c)  Licensee obtaining alcoholic beverages from an unlicensed seller is a class                                        
20       A misdemeanor.                                                                                                    
21    * Sec. 122. AS 04.16.175 is amended by adding new subsections to read:                                             
22 (c)  A person who knowingly furnishes an alcoholic beverage to a player in                                              
23 violation of (a) of this section commits the crime of furnishing an alcoholic beverage                                  
24       in aid of a gambling enterprise.                                                                                  
25 (d)  Furnishing an alcoholic beverage in aid of a gambling enterprise is a class                                        
26       A misdemeanor.                                                                                                    
27    * Sec. 123. AS 04.16.180(b) is amended to read:                                                                    
28 (b)  A suspension or revocation of a license ordered by the board under                                                 
29       AS 04.11.370(a)(4) and (5) shall be as follows:                                                                   
30 (1)  on first conviction, the license of the premises involved may not be                                           
31 revoked, but, except as provided in AS 04.16.030 and 04.16.052, may be suspended                                    
01       for not more than 45 days;                                                                                        
02                 (2)  on second conviction, the license of the premises involved may not                             
03       be revoked, but may be suspended for not more than 90 days;                                                       
04                 (3)  on third conviction, the license of the premises involved may be                               
05       suspended or revoked.                                                                                             
06    * Sec. 124. AS 04.16.180(e) is amended to read:                                                                    
07            (e)  In this section,                                                                                        
08                 (1)  "conviction" includes a conviction of a violation, a                                           
09       misdemeanor, and a felony;                                                                                    
10 (2)  [THE TERMS] "second conviction" and "third conviction" include                                                 
11 only convictions for violations that occur within five years after [OF] the first                                   
12 conviction; the [. THE] terms refer to the cumulative number of convictions of a                                    
13 licensee of any combination of violations of the provisions of this title, regulations                                  
14 adopted under this title, or ordinances adopted under AS 04.21.010; [. THE TERMS]                                   
15 "second conviction" and "third conviction" include a conviction of the agent or                                         
16 employee of a licensee of a violation of a law, regulation, or ordinance if the                                         
17 conviction constitutes a ground for suspension or revocation under                                                      
18       AS 04.11.370(a)(5).                                                                                               
19    * Sec. 125. AS 04.16.180 is amended by adding new subsections to read:                                             
20 (f)  In addition to the criminal penalties specified in this title and AS 12.55, a                                      
21 holder of a license under this title who is convicted of a crime or offense involving the                               
22 violation of a provision of this title or a regulation adopted under this title is subject to                           
23 suspension or revocation of the license under this section and other administrative                                     
24 penalties imposed by the board. For purposes of administrative penalties under this                                     
25       subsection, each violation is a separate offense.                                                                 
26 (g)  The holder of a license subject to suspension or revocation under (b)(2) or                                        
27 (3) of this section may request a hearing to petition the board to reduce the                                           
28 administrative penalty. The board may reduce the administrative penalty if the                                          
29       licensee shows, by a preponderance of the evidence, that                                                          
30 (1)  the licensee complied with the alcohol server education course                                                     
31 requirement of AS 04.21.025 and adopted and enforced a compliance program and a                                         
01       disciplinary program for agents and employees of the licensee;                                                    
02                 (2)  the licensee has a pattern and practice of exercising the degree of                                
03       care required under AS 04.16.030;                                                                                 
04                 (3)  the licensee posted warning signs as required under AS 04.21.065;                                  
05       and                                                                                                               
06                 (4)  in the case of a conviction for a violation of AS 04.16.030 or                                     
07       04.16.052, the agent or employee convicted under AS 04.16.030 or 04.16.052                                        
08       completed an alcohol server education course under AS 04.21.025.                                                  
09    * Sec. 126. AS 04.16.220(a) is amended to read:                                                                    
10            (a)  The following are subject to forfeiture:                                                                
11 (1)  alcoholic beverages manufactured, sold, offered for sale, possessed                                                
12 for sale, or bartered or exchanged for goods and services in this state in violation of                                 
13 AS 04.09.060, 04.09.070, 04.09.145, 04.09.370, 04.09.380, or AS 04.11.010;                                          
14 alcoholic beverages possessed, stocked, warehoused, or otherwise stored in violation                                    
15 of AS 04.21.060; alcoholic beverages sold or offered for sale in violation of a local                                   
16 option adopted under AS 04.11.491; alcoholic beverages transported into the state and                                   
17 sold to persons not licensed under this title [CHAPTER] in violation of                                             
18 AS 04.16.170(b); alcoholic beverages transported in violation of AS 04.09.750 or                                    
19       AS 04.16.125;                                                                                                     
20 (2)  materials and equipment used in the manufacture, sale, offering for                                                
21 sale, possession for sale, or barter or exchange of alcoholic beverages for goods and                                   
22 services in this state in violation of AS 04.09.060, 04.09.070, 04.09.145, 04.09.370,                               
23 04.09.380, or AS 04.11.010; materials and equipment used in the stocking,                                           
24 warehousing, or storage of alcoholic beverages in violation of AS 04.21.060; materials                                  
25 and equipment used in the sale or offering for sale of an alcoholic beverage in an area                                 
26       in violation of a local option adopted under AS 04.11.491;                                                        
27 (3)  aircraft, vehicles, or vessels used to transport or facilitate the                                                 
28       transportation of                                                                                                 
29 (A)  alcoholic beverages manufactured, sold, offered for sale,                                                          
30 possessed for sale, or bartered or exchanged for goods and services in this state                                       
31 in violation of AS 04.09.060, 04.09.070, 04.09.145, 04.09.370, 04.09.380, or                                        
01            AS 04.11.010;                                                                                                
02                      (B)  property stocked, warehoused, or otherwise stored in                                          
03            violation of AS 04.21.060;                                                                                   
04                      (C)  alcoholic beverages imported into a municipality or                                           
05            established village in violation of AS 04.11.499(a);                                                         
06                 (4)  alcoholic beverages found on licensed premises that do not bear                                    
07       federal excise stamps if excise stamps are required under federal law;                                            
08                 (5)  alcoholic beverages, materials, or equipment used in violation of                                  
09       AS 04.16.175;                                                                                                     
10 (6)  money, securities, negotiable instruments, or other things of value                                                
11 used in financial transactions or items of value purchased from the proceeds derived                                    
12 from activity prohibited under AS 04.09.060, 04.09.070, 04.09.145, 04.09.370,                                       
13 04.09.380, or AS 04.11.010 or in violation of a local option adopted under                                          
14       AS 04.11.491;                                                                                                     
15                 (7)  a firearm used in furtherance of a violation of this title.                                        
16    * Sec. 127. AS 04.16.220(d) is amended to read:                                                                    
17            (d)  Property subject to forfeiture under (a) of this section may be forfeited                               
18 (1)  upon conviction of a person for a violation of AS 04.09.060,                                                   
19 04.09.070, 04.09.145, 04.09.370, 04.09.380, AS 04.09.750, AS 04.11.010, 04.11.499,                                  
20 AS 04.16.125, AS 04.21.060, or AS 04.11.501 or an ordinance adopted under                                               
21       AS 04.11.501; or                                                                                                  
22 (2)  upon judgment by the superior court in a proceeding in rem that the                                                
23       property was used in a manner subjecting it to forfeiture under (a) of this section.                              
24    * Sec. 128. AS 04.16.220(g) is amended to read:                                                                    
25 (g)  It is no defense in an in rem forfeiture proceeding brought under (d)(2) of                                        
26 this section that a criminal proceeding is pending or has resulted in conviction or                                     
27 acquittal of a person charged with violating AS 04.09.060, 04.09.070, 04.09.145,                                    
28       04.09.370, 04.09.380, AS 04.11.010, 04.11.499, or AS 04.21.060.                                               
29    * Sec. 129. AS 04.16.220(i) is amended to read:                                                                    
30 (i)  Upon conviction for a violation of AS 04.09.060, 04.09.070, 04.09.145,                                         
31 04.09.370, 04.09.380, AS 04.11.010, or 04.11.499(a), if an aircraft, vehicle, or                                
01       watercraft is subject to forfeiture under (a) of this section, the court shall, subject to                        
02       remission to innocent parties under this section,                                                                 
03                 (1)  order the forfeiture of an aircraft to the state;                                                  
04                 (2)  order the forfeiture of a vehicle or watercraft if                                                 
05                      (A)  the defendant has a prior felony conviction for a violation                                   
06            of AS 11.41 or a similar law in another jurisdiction;                                                        
07                      (B)  the defendant is on felony probation or parole;                                               
08                      (C)  the defendant has a prior conviction for violating                                            
09            AS 04.11.010 or 04.11.499(a); or                                                                             
10 (D)  the quantity of alcohol transported in violation of this title                                                     
11            was twice the presumptive amounts in AS 04.11.010(c).                                                        
12    * Sec. 130. AS 04.21 is amended by adding a new section to read:                                                   
13 Sec. 04.21.012. Keg registration. (a) A person may not purchase a keg or                                              
14 similar container holding four or more gallons of an alcoholic beverage unless the                                      
15 person provides proof that the person is over 21 years of age and completes and signs                                   
16 a registration form. The purchaser of a keg or similar container holding four or more                                   
17 gallons of an alcoholic beverage may not remove or obliterate the temporary                                             
18       identifying tag on the keg or container.                                                                          
19 (b)  A licensee or an agent or employee of a licensee who sells or offers for                                           
20 sale a keg or similar container holding four or more gallons of an alcoholic beverage                                   
21 shall require a purchaser to show acceptable proof of age under AS 04.21.050(b) and                                     
22 sign the sworn statement on a registration form. The licensee shall complete the                                        
23 registration form and affix a temporary tag with a unique identifier to the keg or                                      
24 container before releasing the container to the purchaser. The licensee shall retain a                                  
25       copy of the form for one year and make the form available for inspection.                                         
26 (c)  The board shall prescribe a registration form for use by licensees and                                             
27 purchasers. The board may approve for use a registration form adopted by a local                                        
28       governing body. A registration form must include                                                                  
29                 (1)  the name of the seller;                                                                            
30                 (2)  the name of the purchaser;                                                                         
31 (3)  a description of the proof of age provided by the buyer, including                                                 
01       the identification number, if any;                                                                                
02                 (4)  the unique identifier on the temporary tag attached to the keg or                                  
03       container under (b) of this section.                                                                              
04 (d)  A licensee or an agent or employee of a licensee who sells a keg or similar                                        
05 container holding four or more gallons of an alcoholic beverage without completing a                                    
06 registration form or affixing a temporary identification tag to the keg or container                                    
07       commits the crime of selling alcoholic beverages in an unregistered keg.                                          
08            (e)  A person who is not licensed under this title or the employee or agent of a                             
09       person who is not licensed under this title who possesses a keg or similar container                              
10 holding four or more gallons of an alcoholic beverage without a temporary                                               
11 identification tag commits the crime of possessing alcoholic beverages in an                                            
12       unregistered keg.                                                                                                 
13            (f)  Selling alcoholic beverages in an unregistered keg is a violation.                                      
14 (g)  Possessing alcoholic beverages in an unregistered keg is a violation and is                                        
15       punishable by a fine of $100.                                                                                     
16    * Sec. 131. AS 04.21.020(a) is amended to read:                                                                    
17 (a)  Except as provided under (b) and (d) of this section, a person who provides                                        
18 alcoholic beverages to another person may not be held civilly liable for injuries                                       
19 resulting from the intoxication of that person unless the person who provides the                                       
20 alcoholic beverages holds a license authorized under AS 04.09.020 - 04.09.360                                       
21       [AS 04.11.080 - 04.11.220] or is an agent or employee of [SUCH] a licensee and                                    
22 (1)  the alcoholic beverages are provided to a person under [THE AGE                                                    
23 OF] 21 years of age in violation of AS 04.16.051, unless the licensee, agent, or                                    
24 employee secures in good faith from the person a signed statement, liquor                                               
25 identification card, or driver's license meeting the requirements of AS 04.21.050(a)                                    
26       and (b), that indicates that the person is 21 years of age or older; or                                           
27 (2)  the alcoholic beverages are provided to a drunken person in                                                        
28       violation of AS 04.16.030.                                                                                        
29    * Sec. 132. AS 04.21.020(b) is amended to read:                                                                    
30 (b)  A person who sells or barters an alcoholic beverage to another person in                                           
31 violation of AS 04.09.060, 04.09.070, 04.09.145, 04.09.370, 04.09.380, or                                           
01 AS 04.11.010 is strictly liable (1) to the recipient or another person for civil damages                                
02 if, while under the influence of the alcoholic beverage, the person receiving the                                       
03 alcoholic beverage engages in conduct that results in civil damages and the recipient's                                 
04 being under the influence of the alcoholic beverage substantially contributes to the                                    
05 civil damages; and (2) for the cost to the state or a political subdivision of the state to                             
06 criminally prosecute a person who receives an alcoholic beverage from a person who                                      
07 violates AS 04.11.010 if the prosecution results from the violation of AS 04.11.010                                     
08       described in this subsection.                                                                                     
09    * Sec. 133. AS 04.21.025(a) is repealed and reenacted to read:                                                     
10 (a)  Except as provided under (e) and (f) of this section, as a condition of                                            
11 issuance or renewal of a license or conditional contractor's permit and selling alcoholic                               
12 beverages under a license or conditional contractor's permit, the board shall require a                                 
13 licensee or permittee who sells or serves alcoholic beverages and a licensee's or                                       
14 permittee's agents and employees who sell or serve alcoholic beverages or check the                                     
15 identification of a patron to complete an alcohol server education course approved by                                   
16       the board.                                                                                                        
17    * Sec. 134. AS 04.21.025(b) is amended to read:                                                                    
18 (b)  The subjects that are included in an approved alcohol server education                                             
19 course shall be determined under regulations adopted by the board. In approving                                         
20 alcohol server education courses, the board shall consider the needs of both urban and                                  
21 rural licensees regarding access to an approved alcohol server education course. A                                      
22 licensee, permittee, agent, or employee who sells or serves alcoholic beverages shall                               
23 keep the card described in (c) of this section or other proof acceptable to the board of                                
24 successful completion of an approved alcohol server education course on the licensed                                    
25       premises during working hours.                                                                                    
26    * Sec. 135. AS 04.21.025(c) is amended to read:                                                                    
27 (c)  A licensee, permittee, agent, or employee shall complete the course                                            
28 required under (a) of this section and pass a written test demonstrating an                                             
29 understanding of the course subjects not more than 30 days after being licensed,                                    
30 permitted, or employed. The course provider shall issue a card to each individual who                               
31 completes the course and passes the written test. A card issued under this subsection is                                
01 valid for three years from the date of issue. A licensee, permittee, agent, or employee                             
02 may renew a card issued under this section; to renew the card, the licensee, permittee,                             
03 agent, or employee must pass a written test demonstrating an understanding of the                                       
04 course subjects. Notwithstanding the 30-day period for completing the course and                                    
05 passing the written test under this subsection, a person may not sell or serve                                      
06 alcoholic beverages or check the identification of a patron at a permitted event                                    
07 under AS 04.09.600 - 04.09.690 unless the person possesses a valid card issued                                      
08       before the event.                                                                                             
09    * Sec. 136. AS 04.21.025 is amended by adding new subsections to read:                                             
10            (f)  This section does not apply to the following licenses:                                                  
11 (1)  brewery manufacturer license under AS 04.09.020, unless the                                                        
12       licensee holds a manufacturer sampling endorsement;                                                               
13 (2)  winery manufacturer license under AS 04.09.030, unless the                                                         
14       licensee holds a manufacturer sampling endorsement;                                                               
15 (3)  distillery manufacturer license under AS 04.09.040, unless the                                                     
16       licensee holds a manufacturer sampling endorsement;                                                               
17                 (4)  general wholesale license under AS 04.09.100;                                                      
18 (5)  limited wholesale brewed beverage and wine license under                                                           
19       AS 04.09.110;                                                                                                     
20                 (6)  winery direct shipment license under AS 04.09.360.                                                 
21 (g)  A person who violates (a) - (c) or (e) of this section commits the offense of                                      
22       failure to comply with alcohol server education requirements.                                                     
23 (h)  Failure to comply with alcohol server education requirements is a                                                  
24       violation.                                                                                                        
25    * Sec. 137. AS 04.21.050(a) is amended to read:                                                                    
26 (a)  If a licensee or an agent or employee of the licensee questions or has                                             
27 reason to question whether a person entering licensed premises, or ordering,                                            
28 purchasing, attempting to purchase, or otherwise procuring or attempting to procure                                     
29       alcoholic beverages,                                                                                              
30 (1)  has attained the age of 21 years or is entering without consent in                                                 
31 violation of AS 04.16.049(a)(2) [AS 04.16.049(a)(3)] and has not attained the age of                                
01 16 years, that licensee, agent, or employee shall require the person to furnish proof of                                
02 age acceptable under (b) of this section or proof of consent in a form determined by                                    
03 the board; if the person questioned does not furnish proof of age acceptable under (b)                                  
04 of this section, or if a licensee, agent, or employee questions or has reason to question                               
05 the validity of the proof of age furnished, the licensee, employee, or agent shall require                              
06 the person to sign a statement that the person is over the age of 21 or 16 years, as                                    
07 appropriate; this statement shall be made on a form prepared by and furnished to the                                    
08       licensee by the board;                                                                                            
09 (2)  is restricted from purchasing alcoholic beverages under                                                            
10 AS 04.16.160, the licensee, agent, or employee may, but has no duty or obligation to,                                   
11 require the person to furnish proof acceptable under (b) of this section that the person                                
12 is not restricted from purchasing alcoholic beverages or require the person to sign a                                   
13 statement that the person is not restricted from purchasing alcoholic beverages under                                   
14 AS 04.16.160; this statement shall be made on a form prepared by and furnished to the                                   
15       licensee by the board.                                                                                            
16    * Sec. 138. AS 04.21.060 is amended by adding new subsections to read:                                             
17 (b)  A licensee who stores alcoholic beverages elsewhere than on the licensed                                           
18 premises and who fails to comply with (a)(1) - (3) of this section commits the offense                                  
19       of unauthorized warehousing.                                                                                      
20            (c)  Unauthorized warehousing is a violation.                                                                
21    * Sec. 139. AS 04.21.065(a) is repealed and reenacted to read:                                                     
22 (a)  A holder of one of the following types of licenses or permits shall post on                                        
23 the licensed or designated premises three separate warning signs as described in (b) of                                 
24       this section:                                                                                                     
25 (1)  brewery manufacturer license under AS 04.09.020 with a                                                             
26       manufacturer sampling endorsement under AS 04.09.410;                                                             
27 (2)  winery manufacturer license under AS 04.09.030 with a                                                              
28       manufacturer sampling endorsement under AS 04.09.410;                                                             
29 (3)  distillery manufacturer license under AS 04.09.040 with a                                                          
30       manufacturer sampling endorsement under AS 04.09.410;                                                             
31                 (4)  beverage dispensary license under AS 04.09.200;                                                    
01                 (5)  restaurant or eating place license under AS 04.09.210;                                             
02                 (6)  club license under AS 04.09.220;                                                                   
03                 (7)  package store license under AS 04.09.230;                                                          
04                 (8)  pub license under AS 04.09.240;                                                                    
05                 (9)  theater license under AS 04.09.250;                                                                
06                 (10)  common carrier dispensary license under AS 04.09.260;                                             
07                 (11)  sporting event license under AS 04.09.270;                                                        
08                 (12)  outdoor recreation lodge license under AS 04.09.280;                                              
09                 (13)  golf course license under AS 04.09.290;                                                           
10                 (14)  destination resort license under AS 04.09.300;                                                    
11                 (15)  brewery retail license under AS 04.09.310;                                                        
12                 (16)  winery retail license under AS 04.09.320;                                                         
13                 (17)  distillery retail license under AS 04.09.330;                                                     
14                 (18)  beverage dispensary tourism license under AS 04.09.340;                                           
15                 (19)  seasonal restaurant or eating place tourism license under                                         
16       AS 04.09.350;                                                                                                     
17                 (20)  beverage dispensary caterer's permit under AS 04.09.610;                                          
18                 (21)  restaurant caterer's dining permit under AS 04.09.620;                                            
19                 (22)  club caterer's permit under AS 04.09.630;                                                         
20                 (23)  art exhibit event permit under AS 04.09.640;                                                      
21                 (24)  nonprofit organization event permit under AS 04.09.650;                                           
22                 (25)  tasting event permit under AS 04.09.670;                                                          
23                 (26)  conditional contractor's permit under AS 04.09.690;                                               
24                 (27)  another license or permit issued by the board authorizing                                         
25       consumption of alcoholic beverages.                                                                               
26    * Sec. 140. AS 04.21 is amended by adding new sections to read:                                                    
27            Sec. 04.21.072. Fines and other criminal penalties. (a) A violation under this                             
28       title, unless otherwise specified in the provision of this title defining the offense, is                         
29       punishable by a fine of $250.                                                                                     
30            (b)  A misdemeanor or felony under this title, unless otherwise specified in the                             
31       provision of this title defining the offense, is punishable as provided in AS 12.55.                              
01 Sec. 04.21.074. Bail forfeiture schedule. The supreme court shall establish by                                        
02 rule or order a schedule of bail amounts for violations under this title that allow the                                 
03 disposition of a citation without a court appearance. The bail amount may not exceed                                    
04       the maximum penalty prescribed by law for the violation.                                                          
05 Sec. 04.21.076. Suspension of fine or sentence. The court may not suspend a                                           
06 fine for an offense other than a misdemeanor or felony under this title, or suspend                                     
07 imposition or execution of sentence for an offense other than a misdemeanor or felony                                   
08       under this title, unless otherwise expressly provided in this title.                                              
09    * Sec. 141. AS 04.21.078 is amended to read:                                                                       
10 Sec. 04.21.078. Court records of persons under 21 years of age. The Alaska                                            
11 Court System may not publish on a publicly available website the court records of a                                     
12 violation of AS 04.16.049, [OR] 04.16.050, 04.16.060(g), or a similar ordinance of a                            
13 municipality, if the violation was charged separately and was not joined with any other                                 
14       minor offense or criminal charge at the time of filing.                                                           
15    * Sec. 142. AS 04.21.080(b)(6) is amended to read:                                                                 
16 (6)  "designated premises" means any or all designated portions of a                                                    
17 building or structure, rooms or enclosures in the building or structure, or real estate                                 
18 leased, used, controlled, or operated by a licensee or permittee for the purpose for                                
19 which the license or permit is issued by the board at the location of the site for which                            
20       the license or permit is issued;                                                                              
21    * Sec. 143. AS 04.21.080(b)(15) is amended to read:                                                                
22 (15)  "licensed premises" means any or all designated portions of a                                                     
23 building or structure, rooms or enclosures in the building or structure, or real estate                                 
24 leased, used, controlled, or operated by a licensee in the conduct of business for which                                
25 the licensee is licensed by the board at the specific address for which the license or an                           
26       endorsement to the license is issued;                                                                         
27    * Sec. 144. AS 04.21.080(b) is amended by adding new paragraphs to read:                                           
28 (21)  "bona fide restaurant" means an establishment or a portion of an                                                  
29       establishment where, during all times alcoholic beverages are served or consumed,                                 
30                      (A)  the patron's principal activity is consumption of food; and                                   
31 (B)  a variety of types of food items appropriate for meals is                                                          
01            prepared on site and available for sale as shown on a menu provided to patrons                               
02            and filed with the board;                                                                                    
03                 (22)  "brewed beverage" means an alcoholic beverage made by                                             
04       fermenting cereal grains, including beer and malt beverages, sake, and kombucha;                                  
05                 (23)  "calendar year" means the period beginning January 1 and ending                                   
06       December 31;                                                                                                      
07                 (24)  "cider" means a type of wine made primarily from fermented                                        
08       apples, apple juice, or concentrate;                                                                              
09                 (25)  "distilled spirit" means an alcoholic beverage that is first                                      
10       fermented and then distilled;                                                                                     
11 (26)  "golf course" means a course that is open to the public, having at                                                
12       least nine holes and covering at least 2,950 yards;                                                               
13 (27)  "kombucha" means a brewed beverage made from fermented tea                                                        
14       and containing at least one-half percent alcohol by volume;                                                       
15                 (28)  "mead" means a type of wine made primarily from honey;                                            
16 (29)  "sake" means a type of brewed beverage made primarily from                                                        
17       fermented rice;                                                                                                   
18 (30)  "wine" means an alcoholic beverage made from fermented grapes                                                     
19       or other fruit or honey.                                                                                          
20    * Sec. 145. AS 05.15.690(48) is amended to read:                                                                   
21 (48)  "vendor" means a business whose primary activity is not regulated                                                 
22       by this chapter but that                                                                                          
23                      (A)  is engaged in the sale of pull-tabs on behalf of a permittee;                                 
24                      (B)  holds a business license under AS 43.70; and                                                  
25                      (C)  is an establishment holding a                                                                 
26 (i)  beverage dispensary license under AS 04.09.200 or                                                              
27 beverage dispensary tourism license under AS 04.09.340 without a                                                    
28 restaurant endorsement issued under AS 04.09.450 [AS 04.11.090]                                                     
29 that [HAS NOT BEEN DESIGNATED BY THE ALCOHOLIC                                                                          
30 BEVERAGE CONTROL BOARD UNDER AS 04.16.049(a)(2) - (3),]                                                                 
31 has not been exempted by the Department of Labor and Workforce                                                          
01 Development under AS 04.16.049(c) and AS 23.10.355 [,] and, if the                                                  
02 establishment is a hotel, motel, resort, or similar business that caters to                                             
03 the traveling public as a substantial part of its business, does not allow                                              
04 the sale of pull-tabs in a dining room, banquet room, guest room, or                                                    
05 other public areas other than a room in which there is regularly                                                        
06 maintained a fixed counter or service bar that has plumbing                                                         
07 connections to permanent plumbing at which alcoholic beverages are                                                  
08                 sold or served to members of the public for consumption;                                                
09 (ii)  package store license under AS 04.09.230                                                                      
10                 [AS 04.11.150];                                                                                         
11    * Sec. 146. AS 09.65.315(b) is amended to read:                                                                    
12 (b)  A person licensed under AS 04.09.020 - 04.09.360 [AS 04.11.080 -                                               
13 04.11.255], or an agent or employee of the person, is not liable for damages resulting                                  
14 from a motor vehicle accident described under (a) of this section. A person or entity                                   
15 that participates in making arrangements for transportation of a vehicle under (a) of                                   
16 this section is not liable for damages resulting from a motor vehicle accident described                                
17       in (a) of this section.                                                                                           
18    * Sec. 147. AS 11.61.220(d) is amended to read:                                                                    
19            (d)  In a prosecution under (a)(2) of this section, it is                                                    
20                 (1)  an affirmative defense that                                                                        
21                      (A)  [REPEALED]                                                                                    
22 (B)  the loaded firearm was a concealed handgun as defined in                                                           
23            AS 18.65.790; and                                                                                            
24 (C)  the possession occurred at a place covered by a restaurant                                                     
25 endorsement under AS 04.09.450 [DESIGNATED AS A RESTAURANT                                                          
26 FOR THE PURPOSES OF AS 04.16.049] and the defendant did not consume                                                     
27            intoxicating liquor at the place;                                                                            
28 (2)  a defense that the defendant, at the time of possession, was on                                                    
29       business premises                                                                                                 
30                      (A)  owned by or leased by the defendant; or                                                       
31 (B)  in the course of the defendant's employment for the owner                                                          
01            or lessee of those premises.                                                                                 
02    * Sec. 148. AS 11.76.100(b) is amended to read:                                                                    
03            (b)  Notwithstanding the provisions of (a) of this section, a person who                                     
04       maintains a vending machine is not in violation of (a)(3) of this section if the vending                          
05       machine is located                                                                                                
06                 (1)  on premises licensed as a beverage dispensary under AS 04.09.200                               
07       or 04.09.340 [AS 04.11.090], licensed as a club under AS 04.09.220 [AS 04.11.110],                        
08       or licensed as a package store under AS 04.09.230 [AS 04.11.150]; and                                         
09                      (A)  as far as practicable from the primary entrance; and                                          
10 (B)  in a place that is directly and continually supervised by a                                                        
11 person employed on the licensed premises during the hours the vending                                                   
12            machine is accessible to the public; or                                                                      
13 (2)  in an employee break room or other controlled area of a private                                                    
14 work place that is not generally considered a public place and the room or area                                         
15 contains a posted warning sign at least 11 inches by 14 inches indicating that                                          
16 possession of tobacco by a person under 19 years of age is prohibited under                                             
17       AS 11.76.105.                                                                                                     
18    * Sec. 149. AS 11.76.107(a) is amended to read:                                                                    
19 (a)  A person commits the offense of failure to supervise a vending machine if                                          
20 the person owns premises licensed as a beverage dispensary under AS 04.09.200 or                                    
21 04.09.340 [AS 04.11.090], licensed as a club under AS 04.09.220 [AS 04.11.110], or                              
22 licensed as a package store under AS 04.09.230 [AS 04.11.150] and with criminal                                     
23 negligence fails to have an employee supervise a vending machine on those premises                                      
24 that dispenses cigarettes, cigars, tobacco, products containing tobacco, electronic                                     
25 smoking products, or products containing nicotine as required by                                                        
26       AS 11.76.100(b)(1)(B) and 11.76.109(f)(1)(B).                                                                     
27    * Sec. 150. AS 11.76.109(d) is amended to read:                                                                    
28 (d)  Notwithstanding (a)(3) of this section, a person who maintains a vending                                           
29       machine is not in violation of (a)(3) of this section if the vending machine is located                           
30 (1)  on premises licensed as a beverage dispensary under AS 04.09.200                                               
31 or 04.09.340 [AS 04.11.090], licensed as a club under AS 04.09.220 [AS 04.11.110],                              
01       or licensed as a package store under AS 04.09.230 [AS 04.11.150], and is located                              
02                      (A)  as far as practicable from the primary entrance; and                                          
03                      (B)  in a place that is directly and continually supervised by a                                   
04            person employed on the licensed premises during the hours the vending                                        
05            machine is accessible to the public; or                                                                      
06 (2)  in an employee break room or other controlled area of a private                                                    
07 work place that is not generally considered a public place and the room or area                                         
08 contains a posted warning sign at least 11 inches by 8.5 inches indicating that                                         
09 possession of electronic smoking products or products containing nicotine by a person                                   
10 under 19 years of age without a prescription is prohibited under this section                                       
11       [AS 11.76.109].                                                                                                   
12    * Sec. 151. AS 12.62.400(a) is amended to read:                                                                    
13 (a)  To obtain a national criminal history record check for determining a                                               
14 person's qualifications for a license, permit, registration, employment, or position, a                                 
15 person shall submit the person's fingerprints to the department with the fee established                                
16 by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau                                       
17 of Investigation to obtain a national criminal history record check of the person for the                               
18       purpose of evaluating a person's qualifications for                                                               
19 (1)  a license or conditional contractor's permit to manufacture, sell,                                                 
20 offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage                                 
21       under AS 04.09 [AS 04.11];                                                                                    
22 (2)  licensure as a mortgage lender, a mortgage broker, or a mortgage                                                   
23       loan originator under AS 06.60;                                                                                   
24                 (3)  admission to the Alaska Bar Association under AS 08.08;                                            
25                 (4)  licensure as a collection agency operator under AS 08.24;                                          
26                 (5)  a certificate of fitness to handle explosives under AS 08.52;                                      
27                 (6)  licensure as a massage therapist under AS 08.61;                                                   
28 (7)  licensure to practice nursing or certification as a nurse aide under                                               
29       AS 08.68;                                                                                                         
30                 (8)  certification as a real estate appraiser under AS 08.87;                                           
31 (9)  a position involving supervisory or disciplinary power over a minor                                                
01       or dependent adult for which criminal justice information may be released under                                   
02       AS 12.62.160(b)(9);                                                                                               
03                 (10)  a teacher certificate under AS 14.20;                                                             
04                 (11)  a registration or license to operate a marijuana establishment                                    
05       under AS 17.38;                                                                                                   
06                 (12)  admittance to a police training program under AS 18.65.230 or for                                 
07       certification as a police officer under AS 18.65.240 if that person's prospective                                 
08       employer does not have access to a criminal justice information system;                                           
09                 (13)  licensure as a security guard under AS 18.65.400 - 18.65.490;                                     
10                 (14)  a concealed handgun permit under AS 18.65.700 - 18.65.790;                                        
11 (15)  licensure as an insurance producer, managing general agent,                                                       
12 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines                                        
13       broker, or independent adjuster under AS 21.27;                                                                   
14 (16)  serving and executing process issued by a court by a person                                                       
15       designated under AS 22.20.130;                                                                                    
16                 (17)  a school bus driver license under AS 28.15.046;                                                   
17 (18)  licensure as an operator or an instructor for a commercial driver                                                 
18       training school under AS 28.17;                                                                                   
19 (19)  registration as a broker-dealer, agent, investment adviser                                                        
20       representative, or investment adviser under AS 45.56.300 - 45.56.350;                                             
21 (20)  licensure, license renewal, certification, certification renewal, or                                              
22 payment from the Department of Health and Social Services of an individual and an                                       
23 entity subject to the requirements for a criminal history check under AS 47.05.310,                                     
24       including                                                                                                         
25                      (A)  a public home care provider described in AS 47.05.017;                                        
26 (B)  a provider of home and community-based waiver services                                                             
27            financed under AS 47.07.030(c);                                                                              
28 (C)  a case manager to coordinate community mental health                                                               
29            services under AS 47.30.530;                                                                                 
30 (D)  an entity listed in AS 47.32.010(b), including an owner,                                                           
31 officer, director, member, partner, employee, volunteer, or contractor of an                                            
01            entity; or                                                                                                   
02 (E)  an individual or entity not described in (A) - (D) of this                                                         
03 paragraph that is required by statute or regulation to be licensed or certified by                                      
04 the Department of Health and Social Services or that is eligible to receive                                             
05 payments, in whole or in part, from the Department of Health and Social                                                 
06 Services to provide for the health, safety, and welfare of persons who are                                              
07 served by the programs administered by the Department of Health and Social                                              
08            Services.                                                                                                    
09    * Sec. 152. AS 18.56.230(b) is amended to read:                                                                    
10 (b)  The corporation may not authorize the commercial use of space in a multi-                                          
11       unit residential housing development owned or financed by the corporation for                                     
12                 (1)  a business that offers adult entertainment;                                                        
13 (2)  the sale of alcoholic beverages, unless the sale [IS IN A                                                          
14 RESTAURANT OR EATING PLACE LICENSED UNDER AS 04.11.100 OR] is in                                                        
15 premises covered by a restaurant endorsement issued [DESIGNATED] by the                                             
16 Alcoholic Beverage Control Board under AS 04.09.450 [AS A RESTAURANT                                                
17       UNDER AS 04.16.049];                                                                                              
18                 (3)  substance abuse treatment; or                                                                      
19 (4)  a business that primarily sells, transfers, or stores cigarettes or                                                
20       tobacco-related products.                                                                                         
21    * Sec. 153. AS 18.65.085(c) is amended to read:                                                                    
22 (c)  The Department of Public Safety may establish and administer a reward                                              
23 program, and provide grants to municipalities, established villages, and, at the request                                
24 of a municipality or established village, to a nonprofit association that administers a                                 
25 village public safety officer program, for reward programs leading to the apprehension                                  
26 and conviction of persons who violate AS 04.09.060, 04.09.070, 04.09.145, 04.09.370,                                
27 04.09.380, or AS 04.11.010 by selling, importing, or possessing alcoholic beverages                                 
28 in violation of a local option adopted by a municipality or established village under                                   
29       AS 04.11.491.                                                                                                     
30    * Sec. 154. AS 18.80.230(b) is amended to read:                                                                    
31 (b)  Notwithstanding (a) of this section, a physical fitness facility may limit                                         
01 public accommodation to only males or only females to protect the privacy interests of                                  
02 its users. Public accommodation may be limited under this subsection only to those                                      
03 rooms in the facility that are primarily used for weight loss, aerobic, and other                                       
04 exercises, or for resistance weight training. Public accommodation may not be limited                                   
05 under this subsection to rooms in the facility primarily used for other purposes,                                       
06 including conference rooms, dining rooms, and premises licensed under AS 04.09                                      
07       [AS 04.11]. This subsection does not apply to swimming pools or golf courses.                                     
08    * Sec. 155. AS 43.60 is amended by adding a new section to read:                                                   
09 Sec. 43.60.060. Winery direct shipment tax; statement; audit. A holder of a                                           
10 winery direct shipment license under AS 04.09.360 who sells wine in the state or who                                    
11       consigns shipments of wine into the state shall                                                                   
12                 (1)  be subject to the taxes provided under AS 43.60.010(a);                                            
13 (2)  provide monthly statements and other information required under                                                    
14       AS 43.60.020 with the remittance of a tax collected under this section;                                           
15 (3)  allow the Department of Revenue to perform an audit of the                                                         
16       holder's records upon request; and                                                                                
17 (4)  consent to the jurisdiction of a state court concerning enforcement                                                
18 of this section relating to the collection of taxes and other money owed by the holder,                                 
19       including interest and penalties.                                                                                 
20    * Sec. 156. AS 43.70.105(a) is amended to read:                                                                    
21            (a)  This chapter does not apply to                                                                          
22                 (1)  a fisheries business;                                                                              
23 (2)  the sale of liquor under a license issued under AS 04.09                                                       
24       [AS 04.11];                                                                                                       
25                 (3)  an insurance business;                                                                             
26                 (4)  a mining business;                                                                                 
27                 (5)  supplying services as an employee;                                                                 
28 (6)  furnishing goods or services by a person who does not represent to                                                 
29       be regularly engaged in furnishing goods or services;                                                             
30                 (7)  the activities of an investment club; in this paragraph,                                           
31 (A)  "investment club" means a group of individuals,                                                                    
01            incorporated or otherwise organized, that engages primarily in investing in                                  
02            securities, that does not sell investment services to another person, that does                              
03            not advertise, and the primary purpose of which is educational;                                              
04                      (B)  "security" has the meaning given in AS 45.56.900.                                             
05    * Sec. 157. AS 45.45.590(1) is amended to read:                                                                    
06 (1)  "business proprietor" means a person who owns a place of business                                                  
07 in which the public may assemble and in which copyrighted musical works may be                                          
08 performed, broadcasted, or otherwise transmitted; in this paragraph, "place of                                          
09 business" includes a store, professional office, sports facility, entertainment facility,                               
10 restaurant, hotel, or [AN] alcoholic beverage establishment licensed under AS 04.09                                 
11       [AS 04.11];                                                                                                       
12    * Sec. 158. The uncodified law of the State of Alaska is amended by adding a new section                           
13 to read:                                                                                                                
14 DIRECT COURT RULE AMENDMENT. Rule 17(h), Alaska Rules of Minor                                                          
15       Offense Procedure, is amended to read:                                                                            
16 (h)  Joinder Limits. A prosecutor may not join a violation of AS 04.16.049,                                       
17 [OR] 04.16.050, or 04.16.060(g) or a similar municipal ordinance with a related                                     
18       criminal charge.                                                                                                  
19    * Sec. 159. AS 04.11.070, 04.11.080, 04.11.090, 04.11.100, 04.11.110, 04.11.115,                                   
20 04.11.120, 04.11.130, 04.11.135, 04.11.140, 04.11.150, 04.11.160, 04.11.170, 04.11.180,                                 
21 04.11.200, 04.11.210, 04.11.220, 04.11.225, 04.11.230, 04.11.240, 04.11.250, 04.11.255,                                 
22 04.11.400(d), 04.11.400(h), 04.11.400(j); AS 04.16.070, 04.16.100, 04.16.180(a),                                        
23 04.16.180(d), 04.16.210; and AS 04.21.080(b)(3) are repealed.                                                           
24    * Sec. 160. AS 04.11.400(e) and 04.11.400(g) are repealed.                                                         
25    * Sec. 161. AS 04.09.270(f) is repealed January 1, 2029.                                                           
26    * Sec. 162. Sections 165(a) and 166 of this Act are repealed January 1, 2021.                                      
27    * Sec. 163. The uncodified law of the State of Alaska is amended by adding a new section                           
28 to read:                                                                                                                
29 APPLICABILITY. (a) The provisions of secs. 10 - 21, 30, 80 - 83, 85 - 130, 135 -                                        
30 138, 140, and 148 - 150 of this Act apply to offenses committed on or after the effective date                          
31 of each of those respective sections.                                                                                   
01 (b)  References to previous convictions in AS 04.11.270(a), as amended by sec. 24 of                                    
02 this Act, AS 04.16.180(b), as amended by sec. 123 of this Act, AS 04.16.180(e), as amended                              
03 by sec. 124 of this Act, and AS 04.16.220(i), as amended by sec. 129 of this Act, apply to                              
04 convictions occurring before, on, or after the effective date of each of those respective                               
05 sections.                                                                                                               
06    * Sec. 164. The uncodified law of the State of Alaska is amended by adding a new section                           
07 to read:                                                                                                                
08 TRANSITION: IMPLEMENTATION. Notwithstanding sec. 170 of this Act, to timely                                             
09 provide for the issuance, renewal, and transfer of licenses, endorsements, and permits                                  
10 beginning on January 1, 2021, the Alcoholic Beverage Control Board may immediately                                      
11 implement secs. 3, 4, 9, 10, 22, 24, 70, and 165 of this Act by sending out notices relating to,                        
12 accepting applications for, and collecting fees for licenses, endorsements, and permits as if                           
13 secs. 3, 4, 9, 10, 22, 24, 70, and 165 of this Act were in effect at the time of implementation,                        
14 so long as licenses, endorsements, and permits are not issued under those sections before                               
15 January 1, 2021.                                                                                                        
16    * Sec. 165. The uncodified law of the State of Alaska is amended by adding a new section                           
17 to read:                                                                                                                
18 TRANSITION: CONVERSION OF APPLICATIONS AND LICENSES. (a)                                                                
19 Notwithstanding the population limits under AS 04.11.400(a) or (b), the Alcoholic Beverage                              
20 Control Board shall convert, within 90 days after the effective date of this subsection,                                
21 (1)  a license issued or renewed as necessary for the public convenience under                                          
22 former AS 04.11.400(e) or 04.11.400(g), repealed by sec. 160 of this Act, into a restaurant or                          
23 eating place license under AS 04.11.100; if the license was issued as a restaurant or eating                            
24 place license, or into a beverage dispensary license under AS 04.11.090, if the license was                             
25 issued as a beverage dispensary license under former AS 04.11.400(j), as that subsection read                           
26 on June 5, 1985;                                                                                                        
27 (2)  an application submitted to the board that meets all of the requirements                                           
28 under former AS 04.11.400(e) or 04.11.400(g), repealed by sec. 160 of this Act, into an                                 
29 application for a restaurant or eating place license under AS 04.11.100.                                                
30 (b)  Notwithstanding the population limits under AS 04.11.400(a) or (b), the Alcoholic                                  
31 Beverage Control Board shall convert, within 90 days after the effective date of this                                   
01 subsection,                                                                                                             
02 (1)  a license issued or renewed as a bottling works license under former                                               
03 AS 04.11.120, repealed by sec. 159 of this Act, into a brewery manufacturer license under                               
04 AS 04.09.020, added by sec. 10 of this Act, or into a winery manufacturer license under                                 
05 AS 04.09.030, added by sec. 10 of this Act;                                                                             
06            (2)  a license issued or renewed as a brewpub license under former                                           
07 AS 04.11.135, repealed by sec. 159 of this Act, into a brewery manufacturer license under                               
08 AS 04.09.020, added by sec. 10 of this Act;                                                                             
09            (3)  a license issued or renewed as a beverage dispensary license or restaurant                              
10 or eating place license for a premises that is a theater under former AS 04.11.090 or                                   
11 AS 04.11.100, repealed by sec. 159 of this Act, into a theater license under AS 04.09.250,                              
12 added by sec. 10 of this Act;                                                                                           
13 (4)  a license issued or renewed as a wholesale license under former                                                    
14 AS 04.11.160(a), repealed by sec. 159 of this Act, into a general wholesale license under                               
15 AS 04.09.100, added by sec. 10 of this Act;                                                                             
16 (5)  a license issued or renewed as a wholesale license under former                                                    
17 AS 04.11.160(b), repealed by sec. 159 of this Act, into a limited wholesale brewed beverage                             
18 and wine license under AS 04.09.110, added by sec. 10 of this Act;                                                      
19 (6)  a license issued or renewed as a beverage dispensary license under former                                          
20 AS 04.11.400(d), repealed by sec. 159 of this Act, into a beverage dispensary tourism license                           
21 under AS 04.09.340, added by sec. 10 of this Act;                                                                       
22 (7)  a duplicate license issued or renewed as a duplicate beverage dispensary                                           
23 license under former AS 04.11.090(e), repealed by sec. 159 of this Act, into a multiple fixed                           
24 counter endorsement under AS 04.09.420, added by sec. 10 of this Act.                                                   
25 (c)  Notwithstanding the population limits under AS 04.11.400(a) or (b), the Alcoholic                                  
26 Beverage Control Board may                                                                                              
27 (1)  convert a license issued or renewed as a brewery license under former                                              
28 AS 04.11.130, repealed by sec. 159 of this Act, into a brewery manufacturer license under                               
29 AS 04.09.020, added by sec. 10 of this Act, and a brewery retail license under AS 04.09.310,                            
30 added by sec. 10 of this Act, upon application by the licensee;                                                         
31 (2)  convert an application submitted to the board that meets all of the                                                
01 requirements under former AS 04.11.130, repealed by sec. 159 of this Act, into an application                           
02 for a brewery manufacturer license under AS 04.09.020, added by sec. 10 of this Act, and a                              
03 brewery retail license under AS 04.09.310, added by sec. 10 of this Act;                                                
04 (3)  convert a license issued or renewed as a winery license under former                                               
05 AS 04.11.140, repealed by sec. 159 of this Act, into a winery manufacturer license under                                
06 AS 04.09.030, added by sec. 10 of this Act, and a winery retail license under AS 04.09.320,                             
07 added by sec. 10 of this Act, upon application by the licensee;                                                         
08 (4)  convert an application submitted to the board that meets all of the                                                
09 requirements under former AS 04.11.140, repealed by sec. 159 of this Act, into an application                           
10 for a winery manufacturer license under AS 04.09.030, added by sec. 10 of this Act, and a                               
11 winery retail license under AS 04.09.320, added by sec. 10 of this Act;                                                 
12 (5)  convert a license issued or renewed as a distillery license under former                                           
13 AS 04.11.170, repealed by sec. 159 of this Act, into a distillery manufacturer license under                            
14 AS 04.09.040, added by sec. 10 of this Act, and a distillery retail license under AS 04.09.330,                         
15 added by sec. 10 of this Act, upon application by the licensee;                                                         
16 (6)  convert an application submitted to the board that meets all of the                                                
17 requirements under former AS 04.11.170, repealed by sec. 159 of this Act, into an application                           
18 for a distillery manufacturer license under AS 04.09.040, added by sec. 10 of this Act, and a                           
19 distillery retail license under AS 04.09.330, added by sec. 10 of this Act;                                             
20 (7)  convert a license issued or renewed as a recreational site license under                                           
21 former AS 04.11.210, repealed by sec. 159 of this Act, into a sporting event license under                              
22 AS 04.09.270, added by sec. 10 of this Act, upon application by the licensee;                                           
23 (8)  establish an application form and procedure for conversion applications                                            
24 under this subsection.                                                                                                  
25    * Sec. 166. The uncodified law of the State of Alaska is amended by adding a new section                           
26 to read:                                                                                                                
27 TRANSITION: SEASONAL RESTAURANT OR EATING PLACE LICENSE. (a)                                                            
28 Notwithstanding AS 04.11.080, the Alcoholic Beverage Control Board may issue a seasonal                                 
29 restaurant or eating place tourism license to a person who files an application under                                   
30 AS 04.11.260.                                                                                                           
31 (b)  A seasonal restaurant or eating place license authorizes a restaurant or eating place                              
01 to sell brewed beverages and wine for consumption only on the licensed premises for a period                            
02 not to exceed six months in each calendar year.                                                                         
03       (c)  The biennial seasonal restaurant or eating place tourism license fee is $1,250.                              
04       (d)  The board may issue a license under this section only if                                                     
05            (1)  the board determines that the licensed premises is a bona fide restaurant or                            
06 eating place; and                                                                                                       
07            (2)  the sale and service of food and alcoholic beverages and any other                                      
08 business conducted on the licensed premises of the restaurant or eating place is under the sole                         
09 control of the licensee.                                                                                                
10 (e)  The board may issue a license under this section only in a municipality or                                         
11 established village that                                                                                                
12            (1)  has a population of 40,000 or less; and                                                                 
13 (2)  receives more than 4,000 visitors a year, as determined by the board in                                            
14 regulation.                                                                                                             
15 (f)  The board may issue a license or approve an application for the transfer of                                        
16 ownership of a license under this section if it appears that issuance or transfer will encourage                        
17 the tourism trade.                                                                                                      
18 (g)  The holder of a seasonal restaurant or eating place tourism license shall ensure                                   
19 that gross receipts from the sale of food for consumption on the licensed premises are not less                         
20 than the total amount of the gross receipts from the sale of alcoholic beverages for                                    
21 consumption on the licensed premises in each calendar year.                                                             
22 (h)  The board shall adopt a regulation establishing a formula to limit the number of                                   
23 seasonal restaurant or eating place tourism licenses.                                                                   
24 (i)  The holder of a seasonal restaurant or eating place tourism license may provide                                    
25 entertainment on or adjacent to the licensed premises only between the hours of 11:00 a.m.                              
26 and 11:00 p.m. unless additional hours are approved by the director upon the written request                            
27 of the licensee for a specific occasion. The director may not grant approval for additional                             
28 hours of entertainment on or adjacent to the licensed premises of an individual licensee more                           
29 than three times in a calendar year. In this subsection, "entertainment" includes dancing,                              
30 karaoke, live performances, or similar activities, but does not include recorded or broadcast                           
31 performances without live participation.                                                                                
01       (j)  A license issued under this section may be renewed under AS 04.09.350, added by                              
02 sec. 10 of this Act, on or after the effective date of sec. 10 of this Act.                                             
03       (k)  In this section, "bona fide restaurant" means an establishment or a portion of an                            
04 establishment where, during all times alcoholic beverages are served or consumed,                                       
05            (1)  the patron's principal activity is consumption of food; and                                             
06            (2)  a variety of types of food items appropriate for meals is prepared on site                              
07 and available for sale as shown on a menu provided to patrons and filed with the board.                                 
08    * Sec. 167. The uncodified law of the State of Alaska is amended by adding a new section                           
09 to read:                                                                                                                
10 TRANSITION: REGULATIONS. The Department of Commerce, Community, and                                                     
11 Economic Development and the Alcoholic Beverage Control Board may adopt regulations                                     
12 necessary to implement the changes made by this Act. The regulations take effect under                                  
13 AS 44.62 (Administrative Procedure Act), but not before the effective date of the law                                   
14 implemented by the regulation.                                                                                          
15    * Sec. 168. Sections 32, 37, 39, 45, 49, 54, 160, 165(a), 165(c)(8), 166, and 167 of this Act                      
16 take effect immediately under AS 01.10.070(c).                                                                          
17    * Sec. 169. Section 164 of this Act takes effect September 1, 2020.                                                
18    * Sec. 170. Except as provided in secs. 168 and 169 of this Act, this Act takes effect                             
19 January 1, 2021.