CSHB 189(L&C): "An Act relating to the sale of alcohol; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 189(L&C) 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) 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 unless the person is employed as permitted 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) 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 04.09.250(c) is amended to read: 17 (c) The holder of a theater license may sell or serve alcoholic beverages only 18 in designated areas on the licensed premises and only for a period beginning two 19 hours [ONE HOUR] before the event until one hour after the event [AND DURING 20 INTERMISSIONS]. 21 * Sec. 4. AS 04.09.360(c) is amended to read: 22 (c) The board may issue or renew a license under this section only if 23 (1) the board determines that 24 (A) the licensed premises is a bona fide restaurant as defined in 25 AS 04.21.080(b); 26 (B) there is supervision on the premises adequate to reasonably 27 ensure that a person under 21 years of age will not obtain alcoholic beverages, 28 except as provided under AS 04.16.049(d); and 29 (C) it is unlikely that persons under 21 years of age not 30 employed on the premises will enter and remain on the licensed premises for 31 purposes other than dining; and
01 (2) the sale and service of food and alcoholic beverages and any other 02 business conducted on the licensed premises of the restaurant or eating place is under 03 the sole control of the licensee. 04 * Sec. 5. AS 04.09.360(f) is amended to read: 05 (f) The board may authorize the holder of a seasonal restaurant or eating place 06 tourism license 07 (1) to allow a person who is at least 16 years of age but under 21 years 08 of age to enter and remain on the licensed premises for dining only; 09 (2) to allow a person who is under 16 years of age to enter and remain 10 on the licensed premises for dining only if 11 (A) the person is accompanied by a person who is 21 years of 12 age or older; and 13 (B) the parent or guardian of the person consents to the person 14 being on the licensed premises; and 15 (3) subject to AS 04.16.049, to employ or permit the employment of a 16 person who is at least 16 years of age but under 21 years of age on the licensed 17 premises if the employer provides adequate supervision to ensure that an employee 18 who is 16 or 17 years of age [THE PERSON] does not obtain alcoholic beverages. 19 * Sec. 6. AS 04.09.450(d) is amended to read: 20 (d) The board may issue an endorsement under this section only if the board 21 finds 22 (1) that the establishment or portion of the establishment for which the 23 endorsement is requested is a bona fide restaurant; 24 (2) there is supervision on the premises adequate to reasonably ensure 25 that a person under 21 years of age will not obtain alcoholic beverages, except as 26 provided under AS 04.16.049(d); and 27 (3) that it is unlikely that persons under 21 years of age not employed 28 on the premises will enter and remain on the premises of the bona fide restaurant for 29 purposes other than dining. 30 * Sec. 7. AS 04.09.450(e) is amended to read: 31 (e) The board may authorize the holder of a license with a restaurant
01 endorsement 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 premises of the 12 bona fide restaurant if the employer provides adequate supervision to ensure that an 13 employee who is 16 or 17 years of age [THE PERSON] does not obtain alcoholic 14 beverages. 15 * Sec. 8. AS 04.16.049(d) is amended to read: 16 (d) Notwithstanding any other provision in this section and AS 04.16.050(a), 17 a person 18, 19, or 20 years of age may be employed within the licensed premises of a 18 hotel or motel, large resort, golf course, general wholesaler, limited brewed beverage 19 and wine wholesaler, common carrier dispensary, outdoor recreation lodge, or 20 restaurant, may enter and remain within those premises for the purpose of 21 employment, and [BUT] may [NOT], in the course of employment, sell, serve, 22 deliver, or dispense alcoholic beverages. 23 * Sec. 9. AS 04.16.049(h) is amended to read: 24 (h) Notwithstanding any other provision in this section, a person under 21 25 years of age may be present on the licensed premises of a 26 (1) common carrier dispensary, destination resort, or outdoor 27 recreation lodge for the purpose of travel, travel lodging, or outdoor recreation 28 activities provided by the licensee if the person is 29 (A) [(1)] at least 16 years of age; or 30 (B) [(2)] under 16 years of age and a parent or legal guardian of 31 the underaged person consents;
01 (2) theater if the person is 02 (A) at least 16 years of age; or 03 (B) under 16 years of age, is accompanied by a person who 04 is at least 21 years of age, and a parent or legal guardian of the underaged 05 person consents. 06 * Sec. 10. AS 04.16.052(a) is amended to read: 07 (a) A licensee or an agent or employee of the licensee may not with criminal 08 negligence 09 (1) allow another person to sell, barter, or give an alcoholic beverage 10 to a person under the age of 21 years within licensed premises, except as provided in 11 AS 04.16.049(d); 12 (2) allow a person under the age of 21 years to enter and remain within 13 licensed premises except as provided in AS 04.16.049; 14 (3) allow a person under the age of 21 years to consume an alcoholic 15 beverage within licensed premises; 16 (4) allow a person under the age of 21 years to sell or serve alcoholic 17 beverages, except as provided in AS 04.16.049(d); 18 (5) while working on licensed premises, furnish or deliver alcoholic 19 beverages to a person under the age of 21 years, except as provided in 20 AS 04.16.049(d). 21 * Sec. 11. AS 04.09.250(d) is repealed. 22 * Sec. 12. This Act takes effect January 1, 2025.