Legislature(2013 - 2014)BARNES 124
02/10/2014 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB213 | |
| HB276 | |
| HB211 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 276 | TELECONFERENCED | |
| *+ | HB 211 | TELECONFERENCED | |
| *+ | HB 213 | TELECONFERENCED | |
HB 213-GOLF COURSE ALCOHOLIC BEVERAGE LICENSES
3:21:53 PM
CHAIR OLSON announced that the first only order of business
would be HOUSE BILL NO. 213, "An Act relating to golf course
alcoholic beverage licenses."
3:22:19 PM
BRODIE ANDERSON, Staff, Representative Steve Thompson, Alaska
State Legislature, stated that currently privately-owned golf
courses can only serve beer and wine. Unfortunately, due to
this limitation, the privately-owned golf courses are not
provided the same opportunities currently allowed for golf
courses on federal property such as military installations. He
said that military golf courses are exempt from golf course
liquor licenses and can serve all alcoholic beverages. Since
private golf courses are limited to serving beer and wine, they
are at a disadvantage to secure large events, including
tournaments. Additionally, unaccompanied minors can only enter
dining facilities at a privately-owned golf course that serves
beer and wine and minors cannot play golf without being
accompanied by an adult. This bill would allow golf courses the
same privileges as those located on federal property. Under HB
213 privately-owned golf courses could serve all alcoholic
beverages. The bill would also clarify restrictions for minors
on the golf course.
MR. ANDERSON referred to a letter in members' packets from [Rich
Sayers, General Manager] Anchorage Golf Course and O'Malley on
the Green. The letter suggests the committee consider an
amendment. He referred to page 2 line 11, which read, "... by a
person over the age of 21 years, and the parent or guardian of
the ...." He explained that having the word "and" means that
the minor must be accompanied by someone over 21 and also has
consent of a parent or guardian. He stated that the letter
suggests [removal of the language that requires minors under the
age of 16 to be accompanied by a person over the age of 21], by
changing "and" to "or." He said this would allow minors under
the age of 16 to play golf so long as they have parental
consent. He indicated the prime sponsor of HB 213 believes that
is a good change.
3:25:27 PM
CHAIR OLSON asked whether an amendment has been submitted to
accomplish the change.
MR. ANDERSON answered no; that the sponsor hopes the committee
would entertain amending the bill.
CHAIR OLSON asked for clarification on whether the bill is time
sensitive.
3:26:47 PM
The committee took an at-ease from 3:26 p.m. to 3:28 p.m.
3:28:22 PM
MR. ANDERSON stated that the bill has a zero fiscal note and it
will only impact privately-owned golf courses.
CHAIR OLSON remarked that other golf courses have weighed in on
the bill, as well.
3:28:49 PM
REPRESENTATIVE REINBOLD asked how many golf courses operate
recreational site license.
MR. ANDERSON answered that eight golf courses currently operate
with a liquor license.
REPRESENTATIVE CHENAULT remarked that he does not own a golf
course.
3:30:07 PM
REPRESENTATIVE CHENAULT made a motion to adopt a Conceptual
Amendment 1, on page 2, line 11, to strike "and" insert "or."
REPRESENTATIVE REINBOLD objected for the purpose of discussion.
She said she preferred the original language; however, she
deferred to the will of the committee.
REPRESENTATIVE REINBOLD removed her objection.
3:30:58 PM
REPRESENTATIVE CHENAULT explained the reason for Conceptual
Amendment 1 is that he and the prime sponsor do not want to
restrict youth from being on golf courses. He offered his
belief that this language will not hamper [the liquor laws] in
any way nor will it allow youth under the ages of 21 to have
better access to liquor. He said that "or" fits the scenario
better than "and" does.
3:31:44 PM
REPRESENTATIVE MILLETT reminded members that any golf course
serving alcohol must follow the liquor rules of the Alcoholic
Beverage Control Board (ABC). This means all servers must have
TAM cards [training for alcohol professionals]. It wouldn't be
any different under the bill since servers aren't going to serve
children or allow anyone under 21 an opportunity to drink. She
didn't see any problem having youth on the golf course since all
of the provisions related to alcohol would apply.
3:33:10 PM
REPRESENTATIVE REINBOLD lifted her objection [previously
lifted].
There being no further objection, Conceptual Amendment 1 was
adopted.
3:33:39 PM
HOWARD THEISS, Owner, Fairbanks Golf Course, stated that he
supports the idea of a full liquor license on the golf course.
He also appreciated [Conceptual Amendment 1] since it allows
minors to practice and improve their golf. He said that it's
been tough to compete [with other golf courses] due to the
liquor law restrictions. He stated that he is one of six
owners, and president of the organization. He said the
Fairbanks Golf Course is in support of HB 213.
3:34:58 PM
JOMO STEWART, Project Manager, Fairbanks Economic Development
Corporation [FEDCO), stated that the FEDCO supports the bill.
He said that his boss, [Jim Dodson, President and CEO, FEDCO],
sent a letter of support [in members' packets]. The FEDCO
supports HB 213 in terms of attracting tourism related golfing.
Additionally, the FEDCO supports the bill in terms of the
competitiveness between the public and private sector. He
explained that the Fairbanks Golf Course is at a competitive
disadvantage since it cannot provide the kinds of things
tourists are accustomed to in other parts of the country. He
concluded that the FEDCO is supporting the bill for fairness,
competitiveness, and attractiveness.
3:36:08 PM
RICH SAYERS, General Manager, Anchorage Golf Course, testified
in support of HB 213 and in support of allowing youth to
participate without being accompanied by an adult, as stated in
the letter [in members' packets].
3:37:08 PM
DALE FOX, President& CEO, Cabaret, Hotel, Restaurant &
Retailer's Association (CHARR), said that CHARR supports the
concept of golf course beverage licenses, in which the golf
course purchases a full beverage dispensary license in order to
be able to serve beverages anywhere on the course. He expressed
concern that the bill may provide "full beverage dispensary
license" instead of a "golf course license". He stated that
CHARR believes there is a need to purchase a full beverage
dispensary license to be fair and competitive with other
establishments in the community. The second part of the bill
attempts to address minors on premise. The bill as written
would grant 16-year-olds with parental permission the right to
be on the course. He suggested the issue is larger than what
the bill addresses since [it only addresses youth 16 years and
older] but 10-year-olds participate in "first tee" programs and
he has observed a mother dropping off a 12-year-old at the golf
course. He said he wants golf courses open to youth of any age
so kids can learn to play golf. He said, "And maybe we'll get
our next Tiger Woods from Alaska." He suggested that the
committee should allow youth of any age to access the golf
course. Golf is clearly a healthy activity and youth should be
encouraged to participate in golfing.
3:39:02 PM
REPRESENTATIVE REINBOLD asked whether he supported [Conceptual
Amendment 1].
MR. FOX answered that [Conceptual Amendment 1] makes some sense
although he was unsure whether it goes far enough. He offered
his belief that the age limit is a problem for some of his golf
course members.
3:39:34 PM
REPRESENTATIVE JOSEPHSON said it appears that [subparagraph] (B)
appears to cover any use, at least with parental consent.
MR. FOX answered yes.
3:40:05 PM
REPRESENTATIVE JOSEPHSON asked whether the full dispensary
license would be required for spirits so the license would need
to be upgraded from beer and wine.
CHAIR OLSON suggested that the Alcoholic Beverage Control Board
(ABC Board) could clarify if this pertains to beer and wine.
REPRESENTATIVE JOSEPHSON pointed out that the bill would delete
beer and wine and insert alcoholic beverages.
3:41:04 PM
CHAIR OLSON asked whether this bill would require a full
[beverage dispensary license].
SHIRLEY COTE, Executive Director, Alcoholic Beverage Control
Board ("ABC Board"), Department of Commerce, Community &
Economic Development, responded that the bill would extend
beyond just serving beer and wine to include spirits, similar to
a beverage dispensary license such that golf course licensees
would be allowed to serve, beer, wine, or hard liquor.
3:42:03 PM
CHAIR OLSON asked whether she had any issues about the minors on
premises after the committee [adopted Conceptual Amendment 1].
MS. COTE answered that Representative Millett was correct, that
the licensee is responsible for ensuring that alcoholic
beverages are not put in the hands of those under the age of 21.
Currently, staff has to ensure the underage persons are not
served or given access to beer and wine so she assumed this
would extend to hard liquor on golf courses.
3:42:55 PM
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on HB 213.
3:43:11 PM
REPRESENTATIVE MILLETT moved to report HB 213, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, the CSHB
213(L&C) was reported from the House Labor and Commerce Standing
Committee.