Legislature(1995 - 1996)
03/07/1995 01:12 PM House CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE COMMUNITY AND REGIONAL AFFAIRS
STANDING COMMITTEE
March 7, 1995
1:12 p.m.
MEMBERS PRESENT
Representative Alan Austerman, Co-Chair
Representative Ivan, Co-Chair
Representative Kim Elton
Representative Al Vezey
Representative Pete Kott
MEMBERS ABSENT
Representative Jerry Mackie
Representative Irene Nicholia
OTHER LEGISLATORS PRESENT
Representative Jeannette James
COMMITTEE CALENDAR
HB 180: "An Act relating to liquor licenses issued to
hotel, motel, resort, or similar establishment;
and providing for an effective date."
PASSED OUT OF COMMITTEE
HCRA - 03/07/95
*HB 192: "An Act relating to housing programs of the Alaska
Housing Finance Corporation, the corporation's
supplemental housing development grants to
regional housing authorities, and to housing programs
of regional housing authorities, and permitting
regional housing authorities to make, originate,
and service loans for the purchase and development
of residential housing."
SCHEDULED BUT NOT HEARD
(*First Public Hearing
WITNESS REGISTER
BARBARA COTTING, Administrative Assistant
Representative Jeannette James
Alaska State Legislature
State Capitol Building, Room 102
Juneau, AK 99801
Telephone: (907) 465-3743
POSITION STATEMENT: Read the sponsor statement for HB 180
PATRICK SHARROCK, Director
Alcoholic Beverage Control Board
Department of Revenue
550 W. 7th, Ste. 350
Anchorage, AK 99501
Telephone: (907) 277-8638
POSITION STATEMENT: Answered questions concerning HB 180
NOLAND HALLMAN
520 Macadoo Lane
Wasilla, AK 99654
Telephone: (907) 373-0571
POSITION STATEMENT: Supported HB 180
PREVIOUS ACTION
BILL: HB 180
SHORT TITLE: LIQUOR LICENSES FOR RESORT/LODGES
SPONSOR(S): REPRESENTATIVE(S) JAMES
JRN-DATE JRN-PG ACTION
02/15/95 369 (H) READ THE FIRST TIME - REFERRAL(S)
02/15/95 369 (H) ITT, CRA, L&C
02/21/95 (H) ITT AT 02:30 PM CAPITOL 408
02/21/95 (H) MINUTE(ITT)
02/22/95 446 (H) ITT RPT 2DP 5NR
02/22/95 446 (H) DP: JAMES, MASEK
02/22/95 446 (H) NR: KOTT, PORTER, ROBINSON, NICHOLIA
02/22/95 446 (H) NR: AUSTERMAN
02/22/95 446 (H) ZERO FISCAL NOTE (REV)
03/07/95 (H) CRA AT 01:00 PM CAPITOL 124
BILL: HB 192
SHORT TITLE: AHFC HOUSING LOANS
SPONSOR(S): REPRESENTATIVE(S) FOSTER,Ivan
JRN-DATE JRN-PG ACTION
02/22/95 448 (H) READ THE FIRST TIME - REFERRAL(S)
02/22/95 448 (H) COMMUNITY & REGIONAL AFFAIRS, FINANCE
02/27/95 511 (H) COSPONSOR(S): IVAN
03/07/95 (H) CRA AT 01:00 PM CAPITOL 124
ACTION NARRATIVE
TAPE 95-5, SIDE A
Number 000
CO-CHAIR IVAN opened the House Community and Regional Affairs
Committee at 1:12 p.m. He noted the cancellation of the first item
on the agenda, the first hearing of HB 192 sponsored by
Representative Foster. He stated the next item on the agenda was
HB 180 and recognized those on teleconference to testify. He
invited Barbara Cotting to come forward on behalf of Representative
Jeannette James to introduce HB 180.
HCRA - 03/07/95
HB 180 - LIQUOR LICENSES FOR RESORT/LODGES
Number 029
BARBARA COTTING, Administrative Assistant to Representative
Jeannette James, stated this bill was introduced at the request of
a constituent. She read the following sponsor statement: "HB 180
was a cooperative effort between remote lodge owners and the
Alcoholic Beverage Control Board to correct an inequity. Under the
current laws, some small lodges which just happen to be located in
a remote corner of large, unified population areas, cannot get a
liquor license. These small remote lodges exemplify the very heart
of Alaska and provide a vital service to Alaskan residents as well
as visitors from outside our state. For example, as the law now
reads, if a person wants to develop a small lodge or tourist
facility in a remote or inaccessible area of the Mat-Su or Kenai
boroughs, the lodge would be required to have 40 rental rooms to
obtain a full service liquor license. All of us who have enjoyed
visiting small remote lodges in Alaska know that this requirement
is excessive and unfair. It's important to realize this is not a
liquor issue. This is an effort to remove a road block created by
an inequity in our laws. If Alaska is to survive economically, we
must allow hard working Alaskans to develop small businesses in the
spirit of Alaskan enterprise." Ms. Cotting stated this bill was
first heard in the House Special Committee on International Trade
and Tourism and many questions arose that could only be answered by
the Alcoholic Beverage Control Board. For this reason, she said,
Patrick Sharrock was on teleconference to help answer questions
from the committee.
Number 067
CO-CHAIR IVAN asked the members if they had any comments or
questions.
Number 069
CO-CHAIR ALAN AUSTERMAN asked if this change in legislation would
affect how lodges would apply for liquor licenses. He used an
example from his district of Kodiak, in which a hunting lodge
applied for a liquor license. He said this hunting lodge was
within skiff distance from a village and the villagers were opposed
to having a liquor store in the perimeters of the village. He
wanted to know whether the municipality or the borough would be
given the opportunity to oppose a liquor license in their vicinity.
Number 098
PATRICK SHARROCK, Director, Alcoholic Beverage Control Board (ABC
Board), answered that the application procedure and administrative
processing of the application would be the same as it always was,
but this legislation would only add another step of criteria,
whereby a person could obtain a liquor license.
Number 111
REPRESENTATIVE PETE KOTT asked Mr. Sharrock to comment on the
requirements concerning the decision to allow public testimony to
be included as part of the decision making process that allocates
liquor licenses.
Number 119
MR. SHARROCK listed the process for granting a license. First, the
application had to be publicly posted for at least ten days. It
also had to be advertised once a week for three weeks in a
newspaper publication. Upon completion of public notification, the
application is filed with the ABC Board. If the proposed premises
rests in an area that has a local governing body, the ABC Board
forwards a copy of the application to that governing body for their
opportunity to lodge or file a protest of the application. Under
the statute, if that governing body does "protest" that
application, the statute tells the ABC Board that it can't approve
the application unless the reason of "protest" is found arbitrary
and unreasonable. During this process, any public testimony in
written form or appearance before the board is welcome.
Number 147
CO-CHAIR IVAN also asked how this proposed legislation would affect
unorganized boroughs.
Number 154
MR. SHARROCK answered there were separate rules under the statute
for premises in unorganized boroughs. Under current law, these
were determined by the population within a five mile radius of a
proposed licensed premises. If a person were to establish a
tourist facility as a location in the unorganized borough, that
person would have to have a minimum of ten rooms, or the number of
rooms is determined by the population of a community within a five
mile radius of the proposed premises in order to be eligible to
apply for a liquor license.
Number 174
CO-CHAIR IVAN stated that his constituents were concerned over
local businesses in his district looking into getting liquor
licenses in the future.
Number 180
MR. SHARROCK stated that HB 180 does not apply to unorganized
borough areas. He said there were separate statutes that deal with
how licenses were issued in the unorganized borough.
Number 185
CO-CHAIR AUSTERMAN asked about notification policies in areas not
included within city limits. He wanted to know if unincorporated
villages would not be informed of pending license applications.
Number 196
MR. SHARROCK confirmed this and said the village would not be
notified.
Number 198
NOLAND HALLMAN from Mat-Su, expressed his approval of HB 180. He
stated he was particularly in favor of the issuance of a liquor
license for Maclaren River Lodge owned by Mike Tittle. He
explained that the lodge was completely isolated and had at least
ten rooms and was only accessible by snowmobile in the winter time.
Mr. Hallman said the license would help Mr. Tittle's winter trade
coming out of Fairbanks and Anchorage.
Number 220
CO-CHAIR IVAN invited questions or comments from committee members.
Number 225
REPRESENTATIVE AL VEZEY moved that HB 180 pass from the Community
and Regional Affairs (CRA) Committee with individual
recommendations and with attached zero fiscal notes.
Number 229
CO-CHAIR IVAN heard no objection and it was so ordered.
CO-CHAIR IVAN informed the committee of the next scheduled meeting
and agenda.
ADJOURNMENT
CO-CHAIR IVAN adjourned the House Community and Regional Affairs
Committee at 1:24 p.m.
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