01/31/2007 03:10 PM House L&C
| Audio | Topic |
|---|---|
| Start | |
| HB51 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
January 31, 2007
3:10 p.m.
MEMBERS PRESENT
Representative Kurt Olson, Chair
Representative Mark Neuman, Vice Chair
Representative Carl Gatto
Representative Gabrielle LeDoux
Representative Jay Ramras
Representative Robert L. "Bob" Buch
Representative Berta Gardner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 51
"An Act relating to recorking, sealing, or packaging of wine
served with a meal and removal of recorked, sealed, or packaged
wine from licensed premises."
- MOVED HB 51 OUT OF COMMITTEE
HOUSE BILL NO. 65
"An Act relating to breaches of security involving personal
information, credit report and credit score security freezes,
consumer credit monitoring, credit accuracy, protection of
social security numbers, care of records, disposal of records,
identity theft, furnishing consumer credit header information,
credit cards, and debit cards, and to the jurisdiction of the
office of administrative hearings; amending Rule 60, Alaska
Rules of Civil Procedure; and providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 51
SHORT TITLE: RECORKING WINE SERVED WITH A MEAL
SPONSOR(s): REPRESENTATIVE(s) RAMRAS
01/16/07 (H) PREFILE RELEASED 1/5/07
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) L&C, FIN
01/31/07 (H) L&C AT 3:00 PM CAPITOL 17
WITNESS REGISTER
EMILY STANCLIFF, Staff
to Representative Jay Ramras
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 51 on behalf of Representative
Ramras, sponsor.
DOUGLAS "DOUG" GRIFFIN, Director
Alcoholic Beverage Control Board ("ABC Board")
Department of Public Safety (DOP)
Anchorage, Alaska
POSITION STATEMENT: Answered questions and offered comments
during the hearing on HB 51.
ACTION NARRATIVE
CHAIR KURT OLSON called the House Labor and Commerce Standing
Committee meeting to order at 3:10:11 PM. Representatives
Gatto, LeDoux, Ramras, Buch, Gardner, Neuman, and Olson were
present at the call to order.
HB 51-RECORKING WINE SERVED WITH A MEAL
Chair Olson announced that the only order of business would be
HOUSE BILL NO. 51, "An Act relating to recorking, sealing, or
packaging of wine served with a meal and removal of recorked,
sealed, or packaged wine from licensed premises."
3:10:43 PM
EMILY STANCLIFF, Staff to Representative Jay Ramras, Alaska
State Legislature, sponsor, explained that the intent of HB 51
is to lower the blood alcohol content (BAC) of individuals who
wish to have wine with a meal. After one drink, an individual
has a blood alcohol level of .02, after three drinks .06, and
after four drinks, is considered legally intoxicated. HB 51,
she said, eliminates the need to consume an entire bottle of
wine or surrender the value of the bottle. Presently, if a
bottle of wine is ordered with a meal, the entire content is
consumed or a partial bottle is left at the restaurant. This
bill would allow the customer to request that the bottle be
resealed, in order to transport the bottle home.
MS. STANCLIFF explained that recorking would involve replacing
the original cork with a new cork, in such a way as to require a
corkscrew to reopen the bottle. The method of resealing would
be determined by the Alcoholic Beverage Control Board ("ABC
Board"). Methods may include: placing a seal over the top of
the bottle or placing the bottle in a sleeve and stapling the
top of the sleeve closed. The bottle must remain sealed during
transport. This would not be considered an "open container" if
sealed in the appropriate fashion.
3:12:34 PM
REPRESENTATIVE RAMRAS added that the aforementioned BAC levels
were used as an example to show how the amount of alcohol
consumed affects the BAC level. He stated that communities are
safer if less wine is consumed. In regard to finishing a bottle
of wine with dinner, he said "there's a human notion that we all
have about not wanting to surrender value." He pointed out that
a person may take the remainder of his or her dinner home,
however, the current "open container" law does not allow for
wine to be removed from the premises. This encourages the
consumer to finish the bottle, in order to not surrender the
value. He said "Primarily, this piece of legislation should be
viewed as something that makes our communities safer, without
involving government.... Just by applying a little common
sense, and letting people carry the remaining value with them,
to enjoy in their homes."
3:13:48 PM
REPRESENTATIVE GARDNER pointed out that previous concerns have
included the method used to reseal the container. The sponsor
statement reads that a corkscrew would be required to reopen the
bottle; however, the bill states that the bottle may also be
"sealed or packaged by the licensee in a manner set by the
board." She asked if there would be any benefit to specifying
that "the manner set by the board" must not violate the current
open container laws.
REPRESENTATIVE RAMRAS replied that the previous year, it was
determined that "it would be best" to allow the ABC Board to
determine how the bottles should be sealed. In addition, a
"corking device" can be purchased which would require a
corkscrew to be used in order to reopen the bottle. He pointed
out that many high quality wines are changing to screw top
bottles, and the intention was to allow the ABC Board to
incorporate any changes in the industry.
3:16:14 PM
MS. STANCLIFF, in response to a question from Representative
Gardner, explained that restaurants would not be required to
offer this service.
REPRESENTATIVE RAMRAS added that restaurants currently have the
ability to charge a "corkage fee," which allows an individual to
bring a bottle of wine from home to drink with his or her meal.
The restaurant then opens the bottle for a fee. However, this
is an option and is not required service. He opined that "it
would be at the discretion of each restaurant, whether they
wanted to participate in a recorking program."
REPRESENTATIVE GARDNER asked if ultimately, it would be up to
the restaurant to ensure that the bottle is sealed before being
taken from the premises.
CHAIR OLSON stated that if the bottle was not sealed, the
restaurant would be in violation of the law.
3:17:32 PM
REPRESENTATIVE NEUMAN offered his understanding that if the
bottle was not sealed properly, the bottle must be left at the
restaurant. In regard to "a manner set by the board," he
offered his interpretation that the recorking requirement would
be a minimum, and the board may set a higher requirement.
3:18:53 PM
REPRESENTATIVE GATTO asked whether there are other alcoholic
beverages served with a meal that a person may wish to remove
from the premises, and whether these would be covered.
REPRESENTATIVE RAMRAS replied no.
3:19:22 PM
REPRESENTATIVE BUCH pointed out that microbreweries refill
"growlers" of beer, which are then resealed. He offered his
understanding that there is no [statutory] requirement for this.
REPRESENTATIVE GATTO inquired as to whether an underage drinker
would be able to reseal an open container in such a way as to
mimic the aforementioned requirements.
CHAIR OLSON commented that he owns a recorking machine, which
inserts the cork one-quarter inch below the rim of the bottle.
He opined that it would be "virtually impossible" to remove the
cork without the use of a corkscrew.
REPRESENTATIVE RAMRAS stated that this is no more hazardous than
an adult purchasing alcohol for a minor in a package store. The
same minor consuming hazard exists. In response to a previous
comment, he pointed out that wine is expensive, and reiterated
that the intention of HB 51 is to enable individuals to take the
remainder of wine home.
3:22:04 PM
REPRESENTATIVE NEUMAN commented that the ABC Board has stated
that HB 51 is limited to wine. Additionally, the ABC Board has
stated that the benefits out-weigh the potential problems. He
said "I commend Representative Ramras for this."
REPRESENTATIVE RAMRAS noted that the aforementioned opinion is
that of the Director of the ABC Board, and not of the board
itself.
3:23:44 PM
DOUGLAS "DOUG" GRIFFIN, Director, Alcoholic Beverage Control
Board ("ABC Board"), explained that the ABC Board has not met to
formally take a position on this issue. However, he does not
think the ABC Board will have a problem with the bill. He
stated that the ABC Board is scheduled to meet in February, and
will discuss legislation at that time. Over 30 states have
implemented recorking laws, which the ABC Board can look to for
examples of what has worked. The method of resealing may be as
simple as taping tamper-proof tape onto a screw-top bottle or
re-inserting the cork. It would be up to the licensee to have
the equipment to reseal a bottle. The licensee would not be
able to offer this service if these requirements were not met.
He opined that being able to provide this service would make
businesses more competitive. The general perception is that
people may be more willing to purchase a more expensive bottle
of wine if they are able to take it home. He said "I think it's
a good bill, I think it does come down on the side of providing
a safer environment out on the roadways, and that's very
important to us and to you, and the citizens of Alaska."
3:27:16 PM
REPRESENTATIVE BUCH said "I would like to commend Representative
Ramras' intent on this. I think it gives the public the
opportunity to ... enjoy certain ... opportunities in the
public, and yet remain safe while driving home. I think this is
a well-intended bill and I support it completely."
3:27:54 PM
REPRESENTATIVE NEUMAN moved to report HB 51 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 51 was reported from the
House Labor and Commerce Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
3:28:15 PM.
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