HB 189: "An Act relating to the sale of alcohol; and providing for an effective date."
00 HOUSE BILL NO. 189 01 "An Act relating to the sale of alcohol; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 04.09.210(c), enacted by sec. 13, ch. 8, SLA 2022, is amended to read: 04 (c) The board may issue or renew a license under this section only if the 05 (1) board determines that 06 (A) the licensed premises is a bona fide restaurant as defined in 07 AS 04.21.080(b); 08 (B) there is supervision on the premises adequate to reasonably 09 ensure that a person under 21 years of age will not obtain alcoholic beverages, 10 except as provided in AS 04.16.049(d); and 11 (C) it is unlikely that persons under 21 years of age not 12 employed on the premises will enter and remain on the licensed premises for 13 purposes other than dining; and 14 (2) sale and service of food and alcoholic beverages and any other 15 business conducted on the licensed premises of the restaurant or eating place is under
01 the sole control of the licensee. 02 * Sec. 2. AS 04.09.210(d), enacted by sec. 13, ch. 8, SLA 2022, is amended to read: 03 (d) The board may authorize the holder of a restaurant or eating place license 04 (1) to allow a person who is at least 16 years of age but under 21 years 05 of age to enter and remain on the licensed premises for dining only; 06 (2) to allow a person who is under 16 years of age to enter and remain 07 on the licensed premises for dining only if 08 (A) the person is accompanied by a person who is 21 years of 09 age or older; and 10 (B) the parent or guardian of the person consents to the person 11 being on the licensed premises; and 12 (3) subject to AS 04.16.049, to employ or permit the employment of a 13 person who is at least 16 years of age but under 21 years of age on the licensed 14 premises if the employer provides adequate supervision to ensure that an employee 15 who is 16 or 17 years of age [THE PERSON] does not obtain alcoholic beverages. 16 * Sec. 3. AS 04.09.360(c), enacted by sec. 13, ch. 8 SLA 2022, is amended to read: 17 (c) The board may issue or renew a license under this section only if 18 (1) the board determines that 19 (A) the licensed premises is a bona fide restaurant as defined in 20 AS 04.21.080(b); 21 (B) there is supervision on the premises adequate to reasonably 22 ensure that a person under 21 years of age will not obtain alcoholic beverages, 23 except as provided under AS 04.16.049(d); and 24 (C) it is unlikely that persons under 21 years of age not 25 employed on the premises will enter and remain on the licensed premises for 26 purposes other than dining; and 27 (2) the 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 * Sec. 4. AS 04.09.360(f), enacted by sec. 13, ch. 8, SLA 2022, is amended to read: 31 (f) The board may authorize the holder of a seasonal restaurant or eating place
01 tourism license 02 (1) to allow a person who is at least 16 years of age but under 21 years 03 of age to enter and remain on the licensed premises for dining only; 04 (2) to allow a person who is under 16 years of age to enter and remain 05 on the licensed premises for dining only if 06 (A) the person is accompanied by a person who is 21 years of 07 age or older; and 08 (B) the parent or guardian of the person consents to the person 09 being on the licensed premises; and 10 (3) subject to AS 04.16.049, to employ or permit the employment of a 11 person who is at least 16 years of age but under 21 years of age on the licensed 12 premises if the employer provides adequate supervision to ensure that an employee 13 who is 16 or 17 years of age [THE PERSON] does not obtain alcoholic beverages. 14 * Sec. 5. AS 04.09.450(d), enacted by sec. 13, ch. 8, SLA 2022, is amended to read: 15 (d) The board may issue an endorsement under this section only if the board 16 finds 17 (1) that the establishment or portion of the establishment for which the 18 endorsement is requested is a bona fide restaurant; 19 (2) there is supervision on the premises adequate to reasonably ensure 20 that a person under 21 years of age will not obtain alcoholic beverages, except as 21 provided under AS 04.16.049(d); and 22 (3) that it is unlikely that persons under 21 years of age not employed 23 on the premises will enter and remain on the premises of the bona fide restaurant for 24 purposes other than dining. 25 * Sec. 6. AS 04.09.450(e), enacted by sec. 13, ch. 8, SLA 2022, is amended to read: 26 (e) The board may authorize the holder of a license with a restaurant 27 endorsement 28 (1) to allow a person who is at least 16 years of age but under 21 years 29 of age to enter and remain on the licensed premises for dining only; 30 (2) to allow a person who is under 16 years of age to enter and remain 31 on the licensed premises for dining only if
01 (A) the person is accompanied by a person who is 21 years of 02 age or older; and 03 (B) the parent or guardian of the person consents to the person 04 being on the licensed premises; and 05 (3) subject to AS 04.16.049, to employ or permit the employment of a 06 person who is at least 16 years of age but under 21 years of age on the premises of the 07 bona fide restaurant if the employer provides adequate supervision to ensure that an 08 employee who is 16 or 17 years of age [THE PERSON] does not obtain alcoholic 09 beverages. 10 * Sec. 7. AS 04.16.049(d), as amended by sec. 101, ch. 8, SLA 2022, is amended to read: 11 (d) Notwithstanding any other provision in this section and AS 04.16.050(a), 12 a person 18, 19, or 20 years of age may be employed within the licensed premises of a 13 hotel or motel, large resort, golf course, general wholesaler, limited brewed beverage 14 and wine wholesaler, common carrier dispensary, outdoor recreation lodge, or 15 restaurant, may enter and remain within those premises for the purpose of 16 employment, and [BUT] may [NOT], in the course of employment, sell, serve, 17 deliver, or dispense alcoholic beverages. 18 * Sec. 8. AS 04.16.052 is amended to read: 19 Sec. 04.16.052. Furnishing of alcoholic beverages to persons under the age 20 of 21 by licensees. A licensee or an agent or employee of the licensee may not with 21 criminal negligence 22 (1) allow another person to sell, barter, or give an alcoholic beverage 23 to a person under the age of 21 years within licensed premises, except as provided in 24 AS 04.16.049(d); 25 (2) allow a person under the age of 21 years to enter and remain within 26 licensed premises except as provided in AS 04.16.049; 27 (3) allow a person under the age of 21 years to consume an alcoholic 28 beverage within licensed premises; 29 (4) allow a person under the age of 21 years to sell or serve alcoholic 30 beverages, except as provided in AS 04.16.049(d); 31 (5) while working on licensed premises, furnish or deliver alcoholic
01 beverages to a person under the age of 21 years except as provided in 02 AS 04.16.049(d). 03 * Sec. 9. This Act takes effect January 1, 2024.