Legislature(1999 - 2000)
1999-04-23 House Journal
Full Journal pdf1999-04-23 House Journal Page 0948 HB 69 The following was read the second time: HOUSE BILL NO. 69 "An Act relating to the Alcoholic Beverage Control Board; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 2DP 2NR 1AM 387 ZERO FISCAL NOTE (REV) 388 FIN RPT CS(FIN) NT 4DP 1NR 2AM 581 ZERO FISCAL NOTE (REV) 3/8/99 582 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 69(FIN) "An Act requiring certain reports or information from alcoholic beverage licensees that are also limited liability organizations; relating to powers of employees of the Alcoholic Beverage Control Board to investigate violations of certain criminal laws; relating to regulation of alcoholic beverage licenses issued to limited liability organizations; relating to brewpub licenses; relating to package store licenses; relating to consumption of alcoholic beverages on licensed premises; relating to the liability of a member of a limited liability organization who also holds an alcoholic beverage license; 1999-04-23 House Journal Page 0949 HB 69 extending the termination date of the Alcoholic Beverage Control Board to June 30, 2003; relating to residency requirements for obtaining an alcoholic beverage license; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Halcro: Page 1, line 5, following "package store licenses;" (title amendment): Insert "repealing a prohibition on the issuance of a restaurant or eating place license when the license applicant is a representative or owner of a certain type of business holding an alcoholic beverage license;" Page 4, line 17, through page 5, line 1: Delete all material. Renumber the following bill sections accordingly. Page 8, following line 13: Insert a new bill section to read: "* Sec. 12. AS04.11.450(b) is amended to read: (b) A person who is a representative or owner of a wholesale business, brewery, winery, bottling works, or distillery may not be issued, solely or together with others, a beverage dispensary license ¦, A RESTAURANT OR EATING PLACE LICENSE,á or package store license. A holder of a beverage dispensary license may be issued a brewpub license, subject to the provisions of AS04.11.135. ¦THE PROHIBITION AGAINST ISSUANCE OF A RESTAURANT OR EATING PLACE LICENSE IMPOSED UNDER THIS SUBSECTION DOES NOT APPLY TO A RESTAURANT OR EATING PLACE LICENSE ISSUED ON OR BEFORE OCTOBER 1, 1996 OR A RESTAURANT OR EATING PLACE LICENSE ISSUED UNDER AN APPLICATION FOR A RESTAURANT OR EATING PLACE LICENSE APPROVED ON OR BEFORE OCTOBER 1, 1996.á" Renumber the following bill sections accordingly. 1999-04-23 House Journal Page 0950 HB 69 Representative Halcro moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected. Representative Berkowitz moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Berkowitz was required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 69(FIN) Second Reading Amendment No. 1 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Cowdery, Croft, Davies, Halcro, Joule, Kemplen, Kerttula, Kohring, Kookesh, Morgan, Moses, Murkowski, Sanders, Smalley, Whitaker Nays: Barnes, Bunde, Cissna, Coghill, Davis, Dyson, Foster, Green, Grussendorf, Harris, Hudson, James, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Therriault, Williams Excused: Kapsner And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brice: Page 1, line 5, following "organizations;" (title amendment): Insert "repealing a provision of law limiting hours of entertainment on premises licensed as a restaurant or eating place;" Page 3, following line 31: Insert a new bill section to read: 1999-04-23 House Journal Page 0951 HB 69 "* Sec. 5. AS04.11.100(g) is amended to read: (g) A restaurant or eating place licensee ¦(1)á operating under a license issued under (f) of this section shall offer a full-service menu of food items available to the public during all times that beer or wine is served or consumed; the menu must be approved by the board ¦; (2) MAY ONLY PROVIDE ENTERTAINMENT ON THE LICENSED PREMISES BETWEEN THE HOURS OF 3:00 P.M. AND 11:00 P.M. UNLESS APPROVED BY THE DIRECTOR AFTER WRITTEN REQUEST BY THE LICENSEE FOR A SPECIFIC OCCASION; IN THIS PARAGRAPH, "ENTERTAINMENT" INCLUDES DANCING, KARAOKE, LIVE PERFORMANCES, OR SIMILAR ACTIVITIES, BUT DOES NOT INCLUDE RECORDED OR BROADCAST PERFORMANCES WITHOUT LIVE PARTICIPATIONá." Renumber the following bill sections accordingly. Page 9, line 16: Delete "Section 17" Insert "Section 18" Page 9, line 17: Delete "sec. 19" Insert "sec. 20" Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 69(FIN) Second Reading Amendment No. 2 YEAS: 17 NAYS: 21 EXCUSED: 1 ABSENT: 1 1999-04-23 House Journal Page 0952 HB 69 Yeas: Berkowitz, Brice, Croft, Davies, Dyson, Grussendorf, Halcro, Hudson, Joule, Kemplen, Kerttula, Kookesh, Murkowski, Phillips, Sanders, Smalley, Whitaker Nays: Austerman, Barnes, Bunde, Cissna, Coghill, Cowdery, Davis, Foster, Green, Harris, James, Kohring, Kott, Masek, Morgan, Mulder, Ogan, Porter, Rokeberg, Therriault, Williams Excused: Kapsner Absent: Moses And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Croft: Page 1, line 5, following "package store licenses;" (title amendment): Insert "relating to a licensees violation of laws relating to alcoholic beverage licensing, sales, and distribution and to imposition, monitoring, and enforcement of conditions imposed on alcohol beverage licensees that are recommended by a local governing body and that are required to be imposed on an alcohol beverage licensee unless the Alcoholic Beverage Control Board determines the recommended conditions are arbitrary, capricious, or unreasonable;" Page 8, following line 16: Insert a new bill section to read: "* Sec. 14. AS04.11.480 is amended by adding new subsections to read: (c) A local governing body may recommend that a license be issued, renewed, relocated, or transferred with conditions. The board shall consider recommended conditions and testimony received at a hearing conducted under AS04.11.510(b)(2) or (4) when it considers the application or continued operation, and the recommended conditions and the record of the hearing conducted under AS04.11.510(b)(2) or (4) shall be kept as part of the boards permanent record of its review. If the local governing body recommends conditions, the board shall impose the recommended conditions unless the board finds that the 1999-04-23 House Journal Page 0953 HB 69 recommended conditions are arbitrary, capricious, or unreasonable. If a condition recommended by a local governing body is imposed on a licensee, the local governing body shall assume responsibility for monitoring compliance with the condition, except as otherwise provided by the board. (d) In addition to the right to protest under (a) of this section, a local governing body may notify the board that the local governing body has determined that a licensee has violated a provision of this title or a condition imposed on the licensee by the board. Unless the board finds that the local governing bodys determination is arbitrary, capricious, or unreasonable, the board shall prepare the determination as an accusation against the licensee under AS44.62.360 and conduct proceedings to resolve the matter as described under AS04.11.510(c)." Renumber the following bill sections accordingly. Page 9, line 16: Delete "Section 17" Insert "Section 18" Page 9, line 17: Delete "sec. 19" Insert "sec. 20" Representative Croft moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Rokeberg objected. Amendment to Amendment No. 3 was offered by Representative Rokeberg: In subsection "(c)", line 9: Delete "shall" Insert "may" Representative Rokeberg moved and asked unanimous consent that Amendment to Amendment No. 3 be adopted. Representative Croft objected. 1999-04-23 House Journal Page 0954 HB 69 The question being: "Shall Amendment to Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 69(FIN) Second Reading Amendment to Amendment No. 3 YEAS: 6 NAYS: 32 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Foster, Masek, Mulder, Rokeberg, Williams Nays: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker Excused: Kapsner Absent: Moses And so, Amendment to Amendment No. 3 was not adopted. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 69(FIN) Second Reading Amendment No. 3 YEAS: 31 NAYS: 7 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kookesh, Morgan, Murkowski, Ogan, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Barnes, Foster, Kott, Masek, Mulder, Phillips, Rokeberg Excused: Kapsner 1999-04-23 House Journal Page 0955 HB 69 Absent: Moses And so, Amendment No. 3 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 69(FIN) am "An Act requiring certain reports or information from alcoholic beverage licensees that are also limited liability organizations; relating to powers of employees of the Alcoholic Beverage Control Board to investigate violations of certain criminal laws; relating to regulation of alcoholic beverage licenses issued to limited liability organizations; relating to brewpub licenses; relating to package store licenses; relating to a licensee's violation of laws relating to alcoholic beverage licensing, sales, and distribution and to imposition, monitoring, and enforcement of conditions imposed on alcohol beverage licensees that are recommended by a local governing body and that are required to be imposed on an alcohol beverage licensee unless the Alcoholic Beverage Control Board determines the recommended conditions are arbitrary, capricious, or unreasonable; relating to consumption of alcoholic beverages on licensed premises; relating to the liability of a member of a limited liability organization who also holds an alcoholic beverage license; extending the termination date of the Alcoholic Beverage Control Board to June 30, 2003; relating to residency requirements for obtaining an alcoholic beverage license; and providing for an effective date." Amendment No. 4 was offered by Representative Berkowitz: Page 1, line 9, following "2003;" (title amendment): Insert "relating to the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; relating to presumptions arising from the amount of alcohol in a person's breath or blood;" Page 9, following line 11: Insert new bill sections to read: "* Sec. 17. AS28.35.030(a) is amended to read: (a) A person commits the crime of driving while intoxicated if the person operates or drives a motor vehicle or operates an aircraft or a watercraft 1999-04-23 House Journal Page 0956 HB 69 (1) while under the influence of intoxicating liquor, or any controlled substance; (2) when, as determined by a chemical test taken within four hours after the alleged offense was committed, there is 0.08 [0.10á percent or more by weight of alcohol in the person's blood or 80 ¦100á milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.08 ¦0.10á grams or more of alcohol per 210 liters of the person's breath; or (3) while the person is under the combined influence of intoxicating liquor and a controlled substance. * Sec. 18. AS28.35.033(a) is amended to read: (a) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating or driving a motor vehicle or operating an aircraft or a watercraft while intoxicated, the amount of alcohol in the person's blood or breath at the time alleged shall give rise to the following presumptions: (1) If there was 0.04 ¦0.05á percent or less by weight of alcohol in the person's blood, or 40 ¦50á milligrams or less of alcohol per 100 milliliters of the person's blood, or 0.04 ¦0.05á grams or less of alcohol per 210 liters of the person's breath, it shall be presumed that the person was not under the influence of intoxicating liquor. (2) If there was in excess of 0.04 ¦0.05á percent but less than 0.08 ¦0.10á percent by weight of alcohol in the person's blood, or in excess of 40 ¦50á but less than 80 ¦100á milligrams of alcohol per 100 milliliters of the person's blood, or in excess of 0.04 ¦0.05á grams but less than 0.08 ¦0.10á grams of alcohol per 210 liters of the person's breath, that fact does not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor. (3) ¦REPEALED (4)á If there was 0.08 ¦0.10á percent or more by weight of alcohol in the person's blood, or 80 ¦100á milligrams or more of alcohol per 100 milliliters of the person's blood, or 0.08 ¦0.10á grams or more of alcohol per 210 liters of the person's breath, it shall be presumed that the person was under the influence of intoxicating liquor." 1999-04-23 House Journal Page 0957 HB 69 Renumber the following bill sections accordingly. Page 9, line 16: Delete "17" Insert "19" Page 9, line 17: Delete "19" Insert "21" Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Davis objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 69(FIN) am Second Reading Amendment No. 4 YEAS: 10 NAYS: 20 EXCUSED: 1 ABSENT: 9 Yeas: Berkowitz, Brice, Davies, Joule, Kerttula, Kookesh, Ogan, Smalley, Therriault, Whitaker Nays: Barnes, Bunde, Coghill, Cowdery, Davis, Foster, Green, Halcro, Harris, Hudson, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders Excused: Kapsner Absent: Austerman, Cissna, Croft, Dyson, Grussendorf, James, Kemplen, Moses, Williams And so, Amendment No. 4 was not adopted. Representative Green moved and asked unanimous consent that CSHB 69(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1999-04-23 House Journal Page 0958 HB 69 CSHB 69(FIN) am was read the third time. The question being: "Shall CSHB 69(FIN) am pass the House?" The roll was taken with the following result: CSHB 69(FIN) am Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Kapsner Absent: Cissna, Moses And so, CSHB 69(FIN) am passed the House. Representative Green moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 69(FIN) am was referred to the Chief Clerk for engrossment.