Legislature(2013 - 2014)BARNES 124

02/28/2014 03:15 PM LABOR & COMMERCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 288 AIDEA: ARCTIC DEVELOPMENT PROGRAM/FUND TELECONFERENCED
Heard & Held
*+ HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 213 GOLF COURSE ALCOHOLIC BEVERAGE LICENSES TELECONFERENCED
Heard & Held
         HB 213-GOLF COURSE ALCOHOLIC BEVERAGE LICENSES                                                                     
                                                                                                                                
3:34:57 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  next order of business  would be                                                               
HOUSE BILL  NO. 213,  "An Act relating  to golf  course alcoholic                                                               
beverage licenses."                                                                                                             
                                                                                                                                
3:35:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  made a  motion to  rescind the  action to                                                               
move  the   [CSHB  213(L&C)]  from  committee.   There  being  no                                                               
objection the  action was  rescinded.  [HB  213, as  amended, was                                                               
now before the committee.]                                                                                                      
                                                                                                                                
3:36:08 PM                                                                                                                    
                                                                                                                                
KONRAD JACKSON,  Staff, Representative  Kurt Olson,  Alaska State                                                               
Legislature, explained  that on  February 10, 2014  the committee                                                               
took up HB  213.  During that meeting Conceptual  Amendment 1 was                                                               
offered  to  change from  "and"  to  "or"  on  page 2,  line  11.                                                               
Conceptual Amendment  1 was adopted  and the bill was  moved from                                                               
committee  [as  the CSHB  213  (L&C)].   The  [Legislative  Legal                                                               
Counsel] legal drafter explained that  this small change may have                                                               
caused some  unintended consequences,  which would  allow persons                                                               
under the  age of 16, unaccompanied  by a person 21  or older, to                                                               
enter  a golf  course restaurant  or bar  where liquor  was being                                                               
served.  After  conversations with each committee  member and the                                                               
bill  sponsor, Representative  Thompson, it  was agreed  this was                                                               
not the  intention of the  amendment.  The sponsor  has developed                                                               
alternate language  to allow youth under  the ages of 16  to play                                                               
golf, unaccompanied  by someone 21  years of  age or older,  on a                                                               
golf course  where a  restaurant serving  liquor is  located, but                                                               
not  to enter  a  golf course  restaurant  or bar  unaccompanied.                                                               
Therefore,  he recommended  the committee  rescind its  action in                                                               
adopting Conceptual Amendment 1.                                                                                                
                                                                                                                                
CHAIR  OLSON  [the   committee  treated  it  as   though  he  had                                                               
previously objected and he] removed his objection.                                                                              
                                                                                                                                
3:38:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  made  a  motion  to  rescind  action  on                                                               
adopting  Conceptual  Amendment  1.     There  being  no  further                                                               
objection,  the  motion  to  adopt  Conceptual  Amendment  1  was                                                               
rescinded.  [HB 213 was now before the committee.]                                                                              
                                                                                                                                
REPRESENTATIVE  JOHNSON  made  a  motion to  adopt  the  proposed                                                               
committee  substitute  (CS)  for  HB  213,  labeled  28-LS0868\0,                                                               
[Strasbaugh, 2/20/14,] as the working document [Version O].                                                                     
                                                                                                                                
CHAIR OLSON objected for the purpose of discussion.                                                                             
                                                                                                                                
3:39:01 PM                                                                                                                    
                                                                                                                                
BRODIE  ANDERSON, Staff,  Representative  Steve Thompson,  Alaska                                                               
State   Legislature,   on   behalf    of   the   prime   sponsor,                                                               
Representative Steve  Thompson, explained the changes  in Version                                                               
O.   He reiterated the  importance of one  word.  He  referred to                                                               
page 1,  lines 5-6, which  adds language as follows,  "from April                                                           
15 through November 15 of a  calendar year."  This language would                                                           
essentially  make  the  golf course  liquor  license  a  seasonal                                                               
license, he said.                                                                                                               
                                                                                                                                
MR. ANDERSON  next referred to  page 2, lines 8-15,  AS 04.16.049                                                               
(a) which adds language, as follows:                                                                                            
                                                                                                                                
     4) the premises are licensed under AS 04.11.115 and the                                                                
     person enters and remains on the licensed premises                                                                     
          (A) only for golfing; or                                                                                          
          (B) only for dining, or for both golfing and                                                                      
     dining, if                                                                                                             
         (i) the person is at least 16 years of age; or                                                                     
          (ii) the person is under 16 years of age, is                                                                      
     accompanied by a person over 21 years of age, and the                                                                  
     parent or guardian of the underage person consents.                                                                    
                                                                                                                                
MR. ANDERSON  explained that  this language  definitely clarifies                                                               
the issue  of an underage  minor golfing versus the  minor eating                                                               
at the  golf course  restaurant.  He  explained that  proposed AS                                                               
04.16.049 (a)  (4) (A) would  allow the minor  to be on  the golf                                                               
course to  play golf.   He explained  that proposed  AS 04.16.049                                                               
(a)](4)(B) would allow for dining  or for both golfing and dining                                                               
if  (i) the  person is  at least  16 years  of age;  or [ii]  the                                                               
person is under 16 years of  age, is accompanied by a person over                                                               
21  years of  age, and  the parent  or guardian  of the  underage                                                               
person consents.   He further explained that  this language would                                                               
allow  an underage  person  to  be on  the  golf  course for  the                                                               
purpose  of  golfing, but  if  the  youth  desires  to eat  in  a                                                               
restaurant  the  language  complies   with  standard  rules  that                                                               
require an adult accompany the youth.                                                                                           
                                                                                                                                
3:41:30 PM                                                                                                                    
                                                                                                                                
MR. ANDERSON returned to the change  [on page 1, lines 5-6, which                                                               
adds language as  follows, "from April 15 through  November 15 of                                                           
a calendar  year."].  He  explained that this language  also will                                                           
limit  the golf  course  liquor license  to  a seasonal  license.                                                               
This  language was  developed after  much  discussion about  golf                                                               
courses  obtaining  full beverages  on  golf  courses since  year                                                               
round  licensure may  allow golf  courses to  compete with  other                                                               
establishments [that  adhere to  license requirements for  a full                                                               
beverage  license.]   This language  represents  a compromise  to                                                               
allow golf  courses to move  forward and serve full  beverages on                                                               
the course but not unintentionally  compete year round with other                                                               
establishments  serving alcoholic  beverages.   For example,  the                                                               
value of  a full  beverage license  in Anchorage  could be  up to                                                               
$200,000 and $70,000 in Fairbanks.                                                                                              
                                                                                                                                
The committee took a very brief at-ease.                                                                                        
                                                                                                                                
3:42:43 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON stated  the committee  also just  received a  letter                                                               
that  addresses  some of  the  concerns  of the  Alaska  Cabaret,                                                               
Hotel,  Restaurant, &  Retailer's  Association (CHARR).   He  was                                                               
unaware that CHARR  was not supportive of the bill,  but he noted                                                               
the Alcoholic Beverage  Control Board (ABC Board)  has weighed in                                                               
and does  not have any  concerns.   He asked whether  the sponsor                                                               
was aware of CHARR's issues with the bill.                                                                                      
                                                                                                                                
MR. ANDERSON answered  that during the debate he  became aware of                                                               
some issues  related on  the perceived value  to the  golf course                                                               
liquor  license, which  would  also be  competing  with the  full                                                               
liquor  license; however,  he  was under  the  impression that  a                                                               
compromise had  been achieved with  respect to seasonal  and full                                                               
beverage  service.   He  had  understood that  if  a golf  course                                                               
wanted  full  beverage  service off-season  the  owner  would  go                                                               
through the process to obtain a  full liquor license.  He further                                                               
understood  that CHARR  held an  advisory meeting  last night  to                                                               
discuss the issue.                                                                                                              
                                                                                                                                
CHAIR OLSON stated  that to the best of his  knowledge his office                                                               
had not been contacted by CHARR.   He reported that the ABC Board                                                               
identified the  issue which  arose with  the language  change [in                                                               
CSHB  213(L&C) that  passed  out of  committee  on 2/10/14]  from                                                               
"and" to "or."                                                                                                                  
                                                                                                                                
3:45:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  asked  whether  this  current  point  has                                                               
previously been taken up by the ABC Board.                                                                                      
                                                                                                                                
3:45:53 PM                                                                                                                    
                                                                                                                                
SHIRLEY  COTE,  Executive  Director, Alcoholic  Beverage  Control                                                               
Board, Department  of Commerce, Community &  Economic Development                                                               
(DCCED), asked Representative Herron to repeat the question.                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON asked  whether  the ABC  Board  has had  a                                                               
similar situation  arise, such that  a seasonal  operation versus                                                               
year round operation [had issues  on the type of beverage license                                                               
and competition.]                                                                                                               
                                                                                                                                
MS.  COTE  stated that  currently  licensees  apply for  seasonal                                                               
licenses for  which the licensee  would pay half of  the biennial                                                               
fee.  She reported that currently  four of the eight golf courses                                                               
that  have licenses  are  seasonal and  the  remaining four  golf                                                               
courses have year round licenses.                                                                                               
                                                                                                                                
3:46:56 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON offered  his belief  that the  issue is  significant                                                               
enough to hold the bill over.                                                                                                   
                                                                                                                                
[HB 213 was held over.]                                                                                                         

Document Name Date/Time Subjects
HB213 Draft Proposed Blank CS ver O.pdf HL&C 2/28/2014 3:15:00 PM
HB 213
HB213 Sponsor Statement ver O.pdf HL&C 2/28/2014 3:15:00 PM
HB 213
HB213 Sectional Analysis ver O.pdf HL&C 2/28/2014 3:15:00 PM
HB 213
HB213 Changes ver U to ver O.pdf HL&C 2/28/2014 3:15:00 PM
HB 213
HB288 ver A.PDF HL&C 2/28/2014 3:15:00 PM
HB 288
HB288 Sponsor Statement.pdf HL&C 2/28/2014 3:15:00 PM
HB 288
HB288 Sectional Analysis.pdf HL&C 2/28/2014 3:15:00 PM
HB 288
HB288 Fiscal Note-DCCED-AIDEA-02-21-14.pdf HL&C 2/28/2014 3:15:00 PM
HB 288
HB282 ver N.pdf HL&C 2/28/2014 3:15:00 PM
HB 282
HB282 Sponsor Statement.pdf HL&C 2/28/2014 3:15:00 PM
HB 282
HB282 Sectional Analysis ver N.pdf HL&C 2/28/2014 3:15:00 PM
HB 282
HB282 Fiscal Note-DOR-AHFC-2-24-14.pdf HL&C 2/28/2014 3:15:00 PM
HB 282
HB282 Draft Proposed Blank CS ver O.pdf HL&C 2/28/2014 3:15:00 PM
HB 282
HB282 Sectional Analysis ver O.pdf HL&C 2/28/2014 3:15:00 PM
HB 282
HB282 Supporting Documents-Email Kris Abegg 02-24-2014.pdf HL&C 2/28/2014 3:15:00 PM
HB 282
HB282 Supporting Documents-Letter-AK Assoc of Realtors 02-24-2014.pdf HL&C 2/28/2014 3:15:00 PM
HB 282
HB288 Draft Proposed Blank CS ver U.pdf HL&C 2/28/2014 3:15:00 PM
HB 288
HB288 Summary of Changes ver A to ver U.pdf HL&C 2/28/2014 3:15:00 PM
HB 288
HB288 Supporting Documents-Letter-Seward City Manager 2-26-14.pdf HL&C 2/28/2014 3:15:00 PM
HB 288
HB288 Supporting Documents-Letter Stephen Trimble.pdf HL&C 2/28/2014 3:15:00 PM
HB 288