Legislature(2017 - 2018)SENATE FINANCE 532
04/17/2018 01:30 PM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB76 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 76 | TELECONFERENCED | |
SENATE FINANCE COMMITTEE
April 17, 2018
1:35 p.m.
1:35:43 PM
CALL TO ORDER
Co-Chair MacKinnon called the Senate Finance Committee
meeting to order at 1:35 p.m.
MEMBERS PRESENT
Senator Lyman Hoffman, Co-Chair
Senator Anna MacKinnon, Co-Chair
Senator Click Bishop, Vice-Chair
Senator Peter Micciche
Senator Donny Olson
Senator Gary Stevens
Senator Natasha von Imhof
MEMBERS ABSENT
None
ALSO PRESENT
Rachel Hanke, Staff, Senator Peter Micciche; Tiffany Hall,
Executive Director, Recover Alaska, Juneau; Dale Fox,
Alaska Cabaret, Hotel, Restaurant and Retailers Association
(CHARR), Juneau.
PRESENT VIA TELECONFERENCE
Anna Brawley, Title 4 Review Project Coordinator,
Anchorage; Erika McConnell, Alcohol and Marijuana Control
Board, Anchorage; Ryan Makinster, Brewers Guild of Alaska,
Anchorage; Joel Kadarauch, Alaska Beer, Wine, and Spirits
Wholesalers Association, Anchorage; Micheal Baldwin, Alaska
Mental Health Trust Authority, Anchorage; Stephanie Queen,
City Manager, City of Soldotna, Soldotna; Robin Minard,
Public Affairs Director, Matsu Health Foundation, Wasilla.
SUMMARY
SB 76 ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG
SB 76 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 76
"An Act relating to alcoholic beverages; relating to
the regulation of manufacturers, wholesalers,
retailers, and common carriers of alcoholic beverages;
relating to licenses, endorsements, and permits
involving alcoholic beverages; relating to the
Alcoholic Beverage Control Board; relating to offenses
involving alcoholic beverages; amending Rule 17,
Alaska Rules of Minor Offense Procedure; and providing
for an effective date."
1:37:15 PM
SENATOR PETER MICCICHE, SPONSOR, introduced the
legislation. He stated that the bill was largely a
reorganization. He shared that the legislation modernized
the over 35-year-old Title IX statutes that governed
Alcoholic Beverage Control Board. He stated that it allowed
the bill to function in a way that the industry actually
operated. He noted that it promoted public safety and
health, while supporting the alcohol industry's continued
growth and viability in the current climate. He shared that
he was someone who responsibly, periodically enjoyed
alcohol. He felt that it was a healthy industry, but noted
the aspects of public and safety that needed to be taken
into account. He shared that a stakeholder group had worked
together for six years to develop legislation. The groups
goals were to promote a fair business climate; protect
public health and safety; create a rational regulation for
all three tiers of the state's alcohol industry; limiting
youth access to alcohol; promoting responsible alcohol use
and reducing the harms of overconsumption; and implementing
without negative impacts on businesses and responsible
operators.
1:39:46 PM
RACHEL HANKE, STAFF, SENATOR PETER MICCICHE, presented a
Summary of the Sectional Analysis (copy on file):
Chapter 06. Alcoholic Beverage Control Board
Pages 1-5
Section 1 Authority of the director
AS 04.06.075 new subsection provides that the director
of the ABC Board shall prepare the budgets for admin,
enforcement, education, training, and prevention
activities under Title 4.
Section 2 Delegation of authority
AS 04.06.080 adds endorsements to delegated powers,
also edits cross reference.
Section 3 Powers and duties
AS 04.06.090(b) relocation of language from existing
AS 04.11.070 which limits the power to issue, revoke,
transfer, or renew a license to the board and
references endorsements.
Section 4
AS 04.06.090(e) references endorsements.
Section 5
AS 04.06.090 adds new subsection that directs the
board to prepare Title 4 education plan for public
safety, industry, youth, municipalities, and the
public with annual revision.
Adds new subsections which direct the board to review
fees every 10 years, allow opinions on legislation
amending this title, requires the board to provide
notice of violations to licensees and to post FASD
information online for package store and winery
licensees to include with shipped orders.
Section 6 Statewide database
AS 04.06.095 allows for certain information from the
statewide database to be retained up to 10 years, only
identifying information will be purged annually. Adds
reference to endorsement.
Section 7
AS 04.06.095(c) adds new subsection which directs the
board to produce a report of aggregate regional sales
of alcohol in local option areas, based on information
retained in database and not including identifying
data about an individual purchaser or seller.
Section 8 Regulations
AS 04.06.100(b) adds endorsements, removes the board's
power to create additional licenses and permits in
regulation, and adds the power to restrict
manufacturing, packaging, sale, and distribution or
products containing alcohol for consumption.
Section 9 Proposed new chapter AS 04.09 to replace
sections defining license types and permit types
currently in AS 04.11 and regulation.
Chapter 09. Licenses, Endorsements, and Permits.
Pages 5-50
Article 1. License Types.
AS 04.09.010. Types of licenses. Gives the definition
of license, three tiers, and limits license types to
those listed in this chapter.
Article 2. Manufacturer Licenses.
AS 04.09.020. Brewery manufacturer license. Relocates
the brewery license from 04.11.130, moves other
provisions from current brewery manufacturer's license
to endorsements and new license types, sets the
biennial fee at $1,500 and requires that at least 80%
of the final product of brewed beverages sold be
manufactured on licensed premises in Alaska.
AS 04.09.030. Winery manufacturer license. Relocates
the winery license from 04.11.140, moves other
provisions from current winery license to endorsements
and new license types, sets the biennial fee at $1,500
and requires that at least 80% of the final product of
wine sold be manufactured on licensed premises in
Alaska.
AS 04.09.040. Distillery manufacturer license.
Relocates the distillery license from 04.11.160, moves
other provisions from current winery license to
endorsements and new license types, sets the biennial
fee at $1,500 and requires that at least 80% of the
final product of distilled spirits sold be
manufactured on licensed premises in Alaska.
AS 04.09.050. Authorized sales. Allows smaller
manufacturers to self-distribute to retail, wholesale,
permitted and out of state or country licensees.
Requires large manufacturers to go through wholesale
distributors.
AS 04.09.060. Unlicensed manufacturing. Relocates the
existing class A misdemeanor for unlicensed
manufacture from 04.11.010.
AS 04.09.070. Unlicensed manufacturing in a local
option area. Relocates the existing class C felony for
unlicensed manufacture in a local option area from
04.11.010.
AS 04.09.080. Unauthorized manufacturer sale. Defines
unauthorized manufacturer sale as violating 04.09.050,
which is a $250 fine.
AS 04.09.090. Definition. Defines "packaging" which is
the process of containing alcoholic beverages in
bottles or other containers for sale.
Co-Chair MacKinnon asked that the sections be highlighted
within the comments.
Ms. Hanke continued with the summary:
Article 3. Wholesale Licenses.
AS 04.09.100. General wholesale license. Relocates the
general wholesale license from 04.11.160, moves other
existing components to other places in the chapter,
maintains $2,000 biennial fee, maintains $10,000
maximum fee, and reduces annual transaction fees for
smaller businesses.
AS 04.09.110. Limited wholesale brewed beverage and
wine license. Relocates limited wholesale license from
previous wholesale license section (AS 04.11.160(b))
in a separate section, maintains $400 biennial fee,
maintains maximum $10,000 annual fee, and reduces
annual transaction fees for smaller businesses.
AS 04.09.120. Annual fee and affidavit. Relocates
existing affidavit requirement from previous wholesale
licenses section (AS 04.11.160(c)-(d)), requires a
wholesale licensee to submit an affidavit to the board
stating total value of annual sales, including tax.
AS 04.09.130. Wholesaler supplier declaration.
Relocates the wholesale supplier declaration from
previous wholesale licenses section (AS 04.11.160(e)),
maintains current fee structure, and simplifies the
required reporting process.
AS 04.09.140. Unlicensed wholesale. Relocates
unlicensed wholesale provision from 04.11.010 and
maintains existing class A misdemeanor.
AS 04.09.145. Unlicensed wholesale in a local option
area. Relocates existing penalty for unlicensed
wholesale in a local option area from 04.11.010 and
maintains existing class C felony.
AS 04.09.150. Failure to pay annual fee or file
affidavit. States that failure to pay an annual
wholesale fee or file an affidavit is a violation and
lowers the penalty from a misdemeanor to a $250 fine.
AS 04.09.160. Failure to pay biennial fee or file
declaration. States that failure to pay a biennial fee
and failure to file a declaration are violations.
Lowers the penalty from a misdemeanor to a $250 fine.
1:42:41 PM
AT EASE
1:43:44 PM
RECONVENED
1:43:50 PM
Ms. Hanke continued with the summary:
Article 4. Retail Licenses.
AS 04.09.200. Beverage dispensary license. Relocates
and simplifies the BDL license language from,
maintains the $2,500 biennial fee, references the
multiple fixed counter endorsement, and lowers the
penalty for unauthorized beverage dispensary activity
from a misdemeanor to a violation. Sections in current
BDL (AS 04.11.090) for bowling alley and hotel
licensees relocated to become separate endorsements.
AS 04.09.210. Restaurant and eating place license.
Relocates license from 04.11.100, raises biennial fee
to $1,250, maintains 1:1 food to alcohol ratio,
strikes 1996 exemption, limits the number of annual
allowed after-hours entertainment events to six, and
lowers the penalty for failure to comply with license
terms from a misdemeanor to a violation.
AS 04.09.220. Club license. Relocates license from
04.11.110, raises biennial fee to $1,500, and lowers
the penalty for failure to comply with license terms
from a misdemeanor to a violation.
AS 04.09.230. Package store license. Relocates license
from 04.11.150, maintains biennial fee of $1,500, and
lowers penalty for failure to comply with licenses
terms from a misdemeanor to a violation. Sections in
current AS 04.11.150 for delivery, shipping and other
activities relocated to become separate endorsements.
AS 04.09.240. Pub license. Relocates license from
04.11.220, raises biennial fee to $1,250, and lowers
penalty for failure to comply with license terms from
a misdemeanor to a violation. Adds provision allowing
designation of alternating premises, which allows a
second location on a university campus that must be
operated during mutually exclusive hours from existing
license.
AS 04.09.250. Theatre license. Relocates license from
regulation (3 AAC 304.695), raises biennial fee to
$1,250, and lowers the penalty for failure to comply
with license terms from a misdemeanor to a violation.
AS 04.09.260. Common carrier dispensary license.
Relocates license from 04.11.180, maintains current
fee schedule, removes "vehicle" as a qualifying
premises, maintains current class A misdemeanor for
unauthorized common carrier dispensary activity and
lowers the penalty for common carrier dispensary
noncompliance from a misdemeanor to a violation.
Co-Chair MacKinnon noted that the subject began on page 11,
line 20 of the bill.
Ms. Hanke continued:
AS 04.09.270. Sporting event license. Relocates and
renames recreational site license, raises biennial fee
to $1,250, allows for service and multiple
noncontiguous locations, lowers penalty for
unauthorized sporting event activity from a
misdemeanor to a violation, and establishes 8-year
sunset dates for licenses issued under former AS
04.11.210.
AS 04.09.280. Outdoor recreation lodge license.
Relocates license from 04.11.225, raises biennial fee
to $2,500, and lowers penalty for unauthorized outdoor
recreation lodge activity from a misdemeanor to a
violation.
AS 04.09.290. Golf course license. Relocates license
from 04.11.115, raises biennial fee to $1,250, and
lowers penalty for failure to comply with license
terms from a misdemeanor to a violation.
AS 04.09.300. Destination resort license. Relocates
license from 04.11.255, raises biennial fee to $2,500,
allows for service at multiple noncontiguous
locations, and lowers penalty for failure to comply
with license terms from a misdemeanor to a violation.
AS 04.09.310. Brewery retail license. Creates new
license type based on existing language in AS
04.11.130 for brewery retail activities, sets biennial
fee at $1,250, and sets penalty for failure to comply
with license terms.
AS 04.09.320. Winery retail license. Creates new
license type based on existing language in AS
04.11.140 for winery retail activities, sets biennial
fee at $1,250, and sets penalty for failure to comply
with license terms.
AS 04.09.330. Distillery retail license. Creates new
license type based on existing language in AS
04.11.170 for distillery retail activities, sets
biennial fee at $1,250, and sets penalty for failure
to comply with license terms.
AS 04.09.340. Beverage dispensary tourism license.
Relocates license from AS 04.11.400(d), maintains
biennial fee at $2,500, and lowers penalty for
unauthorized beverage dispensary activity from a
misdemeanor to a violation. Other language in AS
04.11.400(d) relocated to Hotel or Motel Endorsement.
AS 04.09.350. Seasonal restaurant or eating place
license. Creates new license type, sets biennial
license fee at $1,250, defines which communities can
qualify for having this license type, directs the
board to create a formula for determining number of
allowed licenses per community, and sets penalty for
failure to comply with license terms.
Co-Chair MacKinnon noted that the subject was located on
page 13, line 12 of the bill.
1:45:30 PM
Ms. Hanke continued with the summary:
AS 04.09.230. Package store license. Relocates license
from 04.11.150, maintains biennial fee of $1,500, and
lowers penalty for failure to comply with licenses
terms from a misdemeanor to a violation. Sections in
current AS 04.11.150 for delivery, shipping and other
activities relocated to become separate endorsements.
AS 04.09.240. Pub license. Relocates license from
04.11.220, raises biennial fee to $1,250, and lowers
penalty for failure to comply with license terms from
a misdemeanor to a violation. Adds provision allowing
designation of alternating premises, which allows a
second location on a university campus that must be
operated during mutually exclusive hours from existing
license.
AS 04.09.250. Theatre license. Relocates license from
regulation (3 AAC 304.695), raises biennial fee to
$1,250, and lowers the penalty for failure to comply
with license terms from a misdemeanor to a violation.
AS 04.09.260. Common carrier dispensary license.
Relocates license from 04.11.180, maintains current
fee schedule, removes "vehicle" as a qualifying
premises, maintains current class A misdemeanor for
unauthorized common carrier dispensary activity and
lowers the penalty for common carrier dispensary
noncompliance from a misdemeanor to a violation.
Co-Chair MacKinnon queried the bill reference.
Ms. Hanke stated that she could reference the bill.
Co-Chair MacKinnon stated that the location in the bill was
page 14, line 30.
1:46:24 PM
Ms. Hanke continued:
AS 04.09.270. Sporting event license. Relocates and
renames recreational site license, raises biennial fee
to $1,250, allows for service and multiple
noncontiguous locations, lowers penalty for
unauthorized sporting event activity from a
misdemeanor to a violation, and establishes 8-year
sunset dates for licenses issued under former AS
04.11.210.
AS 04.09.280. Outdoor recreation lodge license.
Relocates license from 04.11.225, raises biennial fee
to $2,500, and lowers penalty for unauthorized outdoor
recreation lodge activity from a misdemeanor to a
violation.
AS 04.09.290. Golf course license. Relocates license
from 04.11.115, raises biennial fee to $1,250, and
lowers penalty for failure to comply with license
terms from a misdemeanor to a violation.
AS 04.09.300. Destination resort license. Relocates
license from 04.11.255, raises biennial fee to $2,500,
allows for service at multiple noncontiguous
locations, and lowers penalty for failure to comply
with license terms from a misdemeanor to a violation.
AS 04.09.310. Brewery retail license. Creates new
license type based on existing language in AS
04.11.130 for brewery retail activities, sets biennial
fee at $1,250, and sets penalty for failure to comply
with license terms.
Co-Chair MacKinnon noted that the subject was located on
page 5, line 17.
Ms. Hanke continued with the summary:
AS 04.09.360. Winery direct shipment license. Creates
new license type authorizing direct to consumer
(including online) sales of wine for in-state or out-
of-state winery, sets biennial license fee at $200,
directs the board to develop an application form
specifically for this license, and sets penalty for
failure to comply with license terms.
6
AS 04.09.370. Unlicensed retail sale. Relocates
existing unlicensed retail sale from 04.11.010 and
maintains current misdemeanor.
AS 04.09.380. Unlicensed retail sale in a local option
area. Relocates existing unlicensed retail sale in a
local option area from 04.11.010 and maintains current
class C felony.
Co-Chair MacKinnon noted that the subject was on page 27,
line 7 of the bill.
Ms. Hanke looked at page 6 of the summary:
Article 5. Endorsements.
AS 04.09.400. Types of endorsements. Defines
endorsements, clarifies that endorsements must be
exercised with a license.
AS 04.09.410. Manufacturer sampling endorsement.
Creates new endorsement for onsite sampling based on
existing language from manufacturing licenses, defines
per person per day volume limits by product type, sets
biennial fee at $200, sets penalties for unendorsed
sampling and endorsement noncompliance.
AS 04.09.420. Multiple fixed counter endorsement.
Creates new endorsement for multiple fixed counters
with language relocated from duplicate license section
in AS 04.11.090, sets biennial fee at $200, sets
initial application fee per counter, sets penalties
for endorsement noncompliance and unendorsed service.
AS 04.09.430. Hotel or motel endorsement. Creates new
endorsement using some language relocated from AS
04.11.090, sets biennial fee at $200, sets penalties
for unendorsed hotel or motel service and endorsement
noncompliance.
AS 04.09.440. Large resort endorsement. Creates new
endorsement using some language relocated from AS
04.11.090, defines a large resort, sets biennial fee
at $200, sets penalties for unendorsed large resort
service and endorsement noncompliance.
AS 04.09.450. Restaurant endorsement. Creates new
endorsement using language from the Restaurant
Designation Permit currently in regulation, sets
biennial fee at $200, sets penalties for unendorsed
restaurant service and endorsement noncompliance.
Co-Chair Hoffman queried the activities of the other
states. Ms. Hanke deferred to Ms. Brawley.
1:49:21 PM
ANNA BRAWLEY, TITLE 4 REVIEW PROJECT COORDINATOR, ANCHORAGE
(via teleconference), introduced herself.
Co-Chair Hoffman queried the behavior of other state
related to alcoholic beverages that did not include wine.
Ms. Brawley replied that she believed that most states had
limited online sales to wine.
Co-Chair Hoffman asked about the states near Kentucky. Ms.
Brawley responded that she needed to research the other
states' policies.
Co-Chair MacKinnon outlined the color coding of the
Sectional Analysis.
Senator Micciche remarked that the limitation to wine
shipping was that there was an alcohol distribution problem
in the state. He stated that a wine shipment must be
received by someone who is over 21, and able to pay the
excise tax.
Co-Chair MacKinnon noted that some of the smaller
communities had their own alcohol distribution outlet. She
wondered whether it would affect their distribution.
Senator Micciche replied that he did not know the exact
purchase locations for those outfits. He assumed that all
the purchases were through an instate distributor.
Co-Chair MacKinnon wanted to know whether there was
involvement with rural communities.
1:53:44 PM
Ms. Hanke continued with the summary:
AS 04.09.460. Package store shipping endorsement.
Creates new endorsement by relocating language from AS
04.11.150, allows licensees to accept online orders,
sets biennial fee at $200, sets penalties for
unendorsed package store shipping and endorsement
noncompliance.
AS 04.09.470. Package store delivery endorsement.
Creates new endorsement by relocating language from AS
04.11.150, sets biennial fee at $200, sets penalties
for unendorsed package store delivery and endorsement
noncompliance.
AS 04.09.480. Package store repackaging endorsement.
Creates new endorsement by relocating language from
regulation, sets biennial fee at $200, sets penalties
for unendorsed package store repackaging and
endorsement noncompliance.
AS 04.09.490. Package store sampling endorsement.
Creates new endorsement, defines per person per day
volume limits by product type, sets biennial fee at
$200, sets penalties for unendorsed package store
sampling and endorsement noncompliance.
AS 04.09.500. Bowling alley endorsement. Creates new
endorsement using language from AS 04.11.090, sets
biennial fee at $200, sets penalties for unendorsed
bowling alley service and endorsement noncompliance.
AS 04.09.510. Golf course endorsement. Creates new
endorsement using language from AS 04.11.115, sets
biennial fee at $200, sets penalties for unendorsed
golf course service and endorsement noncompliance.
AS 04.09.520. Brewery repackaging endorsement. Creates
new endorsement by relocating language from AS
04.11.135, limits availability to licensees currently
operating brewpubs, sets biennial fee at $200, sets
penalties for unendorsed brewery repackaging and
endorsement noncompliance.
Senator Stevens queried the size limits of samples. Ms.
Hanke deferred to Ms. Brawley.
1:54:38 PM
Ms. Hanke continued with the summary:
Article 6. Permits.
AS 04.09.600. Types of permits. Defines permits,
establishes application process, requires servers to
have an alcohol server education card, and sets daily
fee for all permit types at least $50 per event day.
AS 04.09.610. Beverage dispensary caterer's permit.
Relocates caterer's permit from 04.11.230 and renames.
AS 04.09.620. Restaurant caterer's dining permit.
Relocates permit from regulations, renames to allow
service of meals other than dinner, and requires meal
services as part of food to alcohol ratio sales
requirement.
AS 04.09.630. Club caterer's permit. Relocates permit
from regulations and simplifies existing language for
application process.
AS 04.09.640. Art exhibit permit. Relocates permit
from regulations, removes option for annual $100 fee,
and simplifies existing language.
AS 04.09.650. Nonprofit organization event permit.
Relocates special events permit from 04.11.240 and
renames, simplifies existing language for application
process.
AS 04.09.660. Alcoholic beverage auction permit.
Relocates wine auction permit from regulations and
renames to allow all alcoholic beverages to be
auctioned.
AS 04.09.670. Tasting event permit. Creates new
permit, allows a beverage dispensary license holder to
partner with a manufacturer retail licensee or package
store to host a tasting event on the partner's
location and serving the partner's product inventory,
sets a time limit and food requirement, and limits to
six events per partnering license per year.
AS 04.09.680. Inventory resale permit. Relocates
retail stock sale license from 04.11.200 and renames.
AS 04.09.690. Conditional contractors permit.
Relocates permit from 04.11.250.
AS 04.09.700. Failure to comply with a permit
requirement. Lowers the penalties for failure to
comply with permit requirements from misdemeanors to
violations.
Co-Chair MacKinnon noted that the subject was on page 46,
line 22.
Senator von Imhof wondered whether the fee issue addressed
distilleries. Ms. Hanke replied that she would like more
detail about the question.
Senator von Imhof stated that there was an assertion that
the Title IX rewrite included distilleries. She wondered
whether there was pushback by bars and restaurants about
competition. She wondered whether the statute limited food,
time, and number of events. She asked how the statute was
determined.
Senator Micciche replied that the bill did not change the
current law related to distilleries. He stated that the
original bill included an 80/20, but that provision had
been removed. The amount served in a distillery will remain
the same.
Co-Chair MacKinnon shared the concerns of Senator von
Imhof, but those concerns were not addressed in the
legislation. She noted that there was activities that were
negative to individual neighborhoods.
1:58:40 PM
Ms. Hanke continued with the summary:
Article 7. Common Carrier Approval
AS 04.09.750. Common carrier approval. Requires board
approval in order to deliver alcoholic beverages to a
person in the state. Common carriers delivering
alcoholic beverages must deliver to a person at least
21 years of age who presents identification and must
obtain a signature. They will be required to keep
record of alcohol shipments available for audit by the
board. The board shall keep a public list of approved
carriers. Sets penalties for unapproved common carrier
transport or delivery and common carrier noncompliance
and violations.
Chapter 11. Licensing.
Pages 50-79
Section 10 License or permit required; presumption
concerning possession for sale.
AS 04.11.010(a) relocates penalties for unlicensed
manufacture, sale and offering for sale. Unlicensed
sale is addressed in new sections in proposed AS
04.09.
Section 11
AS 04.11.010(b) adds reference to the package store
shipping license.
Section 12
AS 04.11.010(c) adds references to unlicensed sale,
corrects term "half-keg" and adds barter to local
option violation.
Section 13 Purchase from nonlicensee prohibited
AS 04.11.015 prohibits barter for alcoholic beverages
and adds penalty with $250 fine.
Section 14 Board approval of transfer AS 04.11.040
adds penalty for unauthorized transfer of an alcoholic
beverage license or permit with $250 fine.
Section 15 Reports required of limited liability
organizations
AS 04.11.045 adds penalty for failure to report a
change in member interest or manager with $250 fine.
Section 16 Reports required of corporations
AS 04.11.050 adds penalty for failure to report a
stock transfer or change of officers or board members
with $250 fine.
Section 17 Reports required of partnerships
AS 04.11.055 adds penalty for failure to report a
transfer of partnership interest or change of general
partner with $250 fine.
Section 18 Nonresident distiller, brewer, winery, or
wholesaler
AS 04.11.060 amends reference to general wholesale
license.
Section 19
AS 04.11.060 maintains current penalty for violating
the section.
Section 20 Application for new license, endorsement,
or permit
AS 04.11.260 adds endorsement, requires phone number
and e-mail of applicant, requires annotated premises
drawing and adds license references with individual
application requirements.
Section 21
AS 04.11.260 exempts winery direct shipment license
from application process for other license types.
Section 22 Application for renewal of license or
permit
AS 04.11.270 adds endorsements, adds conditional
contractor's permit, edits reference, and allows
renewal applications to be sent via electronic mail.
Section 23
AS 04.11.270 exempts winery direct shipment license
from renewal process.
Section 24 Application for transfer of a license to
another person
AS 04.11.280 adds endorsements as transferrable with a
license.
Section 25 Criminal justice information and records
AS 04.11.295(a) adds issuance and renewal for
conditional contractor's permit.
Section 26
AS 04.11.295(b)(1) adds reference to conditional
contractor's permit.
Section 27 Notice of application
AS 04.11.310 exempts winery direct shipment license
from notice requirements.
Section 28 False statement on application.
AS 04.11.315 relocates AS 04.16.210 and defines crime
of making false statements on an application to as
perjury, defined in AS 11.56.200.
Section 29 Denial of new licenses and permits
AS 04.11.320(a) adds references to endorsements.
Section 30 Denial of license or permit renewal
AS 04.11.330(a) changes 30 eight-hour day minimum
operating requirement to 240 hours and removes
reference to public convenience license. [effective
immediately]
Section 31
AS 04.11.330(a) duplicate section adds endorsement,
adds reference to beverage dispensary tourism license,
and adds reference to seasonal restaurant or eating
place tourism license. [effective with other licensing
changes, 1/1/2020]
Section 32
AS 04.11.330(d) exempts common carrier dispensary
licenses and renames reference to recreational site
license.
Section 33
AS 04.11.330 exempts winery direct shipment license.
Section 34 Denial of request for relocation
AS 04.11.340 removes reference to public convenience
license. [effective immediately]
Section 35
AS 04.11.340 duplicate section, adds reference to
04.11.400(k) and removes reference to 04.11.400(d).
[effective with other licensing changes, 1/1/2020]
Section 36 Denial of transfer of a license to
another person.
AS 04.11.360 removes public convenience license
reference. [effective immediately]
Section 37
AS 04.11.360 duplicate section removes reference to
brewpub license. [effective with other licensing
changes, 1/1/2020]
Section 38 Licensed premises in multi-unit
residential housing developments owned or financed by
the Alaska Housing Finance Corporation
AS 04.11.365 adds reference to restaurant endorsement.
Section 39 Suspension and revocation of licenses and
permits
AS 04.11.370 adds endorsements.
Section 40 Board imposed conditions or restrictions
AS 04.11.395 section title change and adds reference
to endorsements.
Section 41
AS 04.11.395 allows the director to impose conditions
or restrictions on any permit other than a conditional
contractor's permit.
Section 42 Population limitations.
AS 04.11.400(a) adds reference to 04.11.405.
[effective immediately]
Section 43
AS 04.11.400(a) duplicate section, edits subsection
reference, defines five-mile radius outside cities,
adds new population limit for manufacturer retail
licenses, adds licenses exempt from population limits
and exempts local option populations from
calculations. [effective with other licensing changes,
1/1/2020]
Section 44
AS 04.11.400(i) lists licenses exempt from population
limits.
Section 45
AS 04.11.400(k) edits reference to beverage dispensary
license, allows relocation of a package store, lowers
borough threshold population, restricts number of
licenses eligible for transfer to those exceeding
population limits and defines number of allowed
transfers by city, not borough.
Section 46 Petition for additional restaurant or
eating place licenses for certain local governing
bodies
AS 04.11.405 adds new section that gives certain local
governing bodies the ability to petition the board for
additional restaurant or eating place licenses
allocated to their jurisdiction. [effective
immediately]
Section 47 48
AS 04.11.405(a)-(b) duplicate sections amending cross-
references to restaurant and eating place license.
[effective with other licensing changes, 1/1/2020]
Section 49 Person and location
AS 04.11.430 updates definition of corporation to
match Title 10 and requires additional information
from licensees.
Section 50 Prohibited financial interest
AS 04.11.450(b) retains restrictions for wholesale
licensees from owning a manufacturing tier license or
retail tier license, removes restriction on small
manufacturers owning retail tier licenses.
Section 51
AS 04.11.450(e) adds reference to limited wholesale
license to restriction on acting as an employee or
agent of a manufacturer tier license or retail tier
license and adds the new statutory license references.
Section 52
AS 04.11.450 adds new section that restricts
manufacturers above certain annual production from
owning a wholesale tier license or retail tier
license.
Section 53 Prior public approval
AS 04.11.460 exempts winery direct shipment license.
Section 54 56
AS 04.11.470 AS 04.11.480 adds endorsements to
allowable objections and protest.
Section 58 - 60 Local options
AS 04.11.491 renumbers statutory references to license
types and adds outdoor recreation lodge as one of
license types that can be exempted from restrictions
on sale in local option elections
Section 61
AS 04.11.491(g) edits reference to package store
license.
Section 62 Notice to local governing body
AS 04.11.520 clarifies language for notice process and
adds endorsements.
Section 63 Suspension and revocation based on acts
of employees
AS 04.11.535(a) adds endorsements, reference to
permittee as applicable and clarifying language.
Section 64 - 67
AS 04.11.537 AS 04.11.570 adds endorsements or
conditional contractors permit to application, renewal
and expiration, appeals, refunds and forfeiture of
fees procedures.
Section 68 Surrender or destruction of a license
AS 04.11.580(b) changes language to "not later than".
Section 69 Disposition of money
AS 04.11.590(a) adds reference to endorsements and
permits.
Co-Chair Hoffman queried the justification. Ms. Hanke
replied that, in some of the local option communities, that
the license types were elected when unable. Those
businesses were having issues renewing their licenses.
Co-Chair Hoffman stressed that the issue was about the
people that lived in the region year-round. He asserted
that many of the people operating the licenses may only be
in the communities for a few months. He felt that that
deferring the decisions to the lodge owners against the
wishes of the residents was not the right thing to do. He
stressed that those residents should decide what happens
within their boundaries.
Senator Micciche replied that it was only in support of the
local decision process.
Co-Chair MacKinnon looked at line 10, page 74, Section 58:
if a majority of the persons voting on the question
vote to approve the option a municipality shall adopt
a local option to prohibit the sale of alcohol
beverages.
Co-Chair MacKinnon stated that section (g) was added to
include local control over an outdoor recreational lodge.
Senator Micciche agreed.
Senator Olson echoed Co-Chair Hoffman's concerns. He
remarked that is his district was similar to what was
described.
Senator von Imhof read that a majority could prohibit an
outdoor recreation lodge.
Co-Chair MacKinnon replied that Department of Law would
speak on the issue.
2:05:47 PM
AT EASE
2:05:53 PM
RECONVENED
2:05:55 PM
Senator Olson welcomed children from Salmon Bay.
Ms. Hanke continued with the summary:
Section 70 Refund to municipalities
AS 04.11.610 changes "refund" to "allocation"
throughout and specifies content of reporting by
municipalities for how license fee funds were used for
alcohol-related education and enforcement.
Section 71 Accessibility of license and licensed
premises to inspection
AS 04.11.630(b) adds endorsements, permits and
includes premises during a permitted event.
Section 72 Duration of licenses and permits
AS 04.11.680 adds endorsements, conditional
contractors permit, states that permits must be issued
for a specified time, and removes fee reduction for
seasonal licenses.
Chapter 16. Regulation of Sales and Distribution.
Pages 79-96
Section 73 Hours of sale and presence on licensed
premises (standard closing hours)
AS 04.16.010(c) allows a person to be on the licensed
premises outside of the hours of sale to conduct
business with the licensee, maintenance or
improvements, common carrier licensees and adds
restaurant endorsement reference.
Section 74
AS 04.16.010 lowers penalty from a misdemeanor to a
violation.
Section 75 Pricing and marketing of alcoholic
beverages
AS 04.16.015(a) exempts sampling endorsements and
defines week as seven days.
Section 76
AS 04.16.015 lowers penalty from a misdemeanor to a
violation.
Section 77 Trade practices
AS 04.16.017 new section specifying illegal practices
by manufacturers and directs the board to adopt
regulations defining exceptions to these rules and
administrative penalties for violations.
Section 78 Solicitation of alcoholic beverages;
purchase on behalf of another
AS 04.16.020 lowers penalty for unauthorized
solicitation or purchase of alcoholic beverages from a
misdemeanor to a violation.
Section 79 Online sale and purchase of alcoholic
beverages
AS04.16.022 new section prohibiting online purchase
and sale unless the licensee has a winery direct
shipment license or package store shipping endorsement
and sets penalties.
Section 80 Illegal presence on premises involving
alcoholic beverages
AS 04.16.025(a) adds statutory references to all
penalties involving sale without a license.
Section 81 Prohibited conduct relating to drunken
persons
AS 04.16.030 lowers penalty for prohibited conduct
relating to a drunken person, adds administrative
penalty to licensee if employee is convicted of a
violation of this section, and relocates misdemeanor
penalty for licensee who knowingly allows employees to
violate this section.
Section 82 Possession of ingredients for homebrew in
certain areas
AS 04.16.035 changes statutory reference to all local
option areas, consistent with AS 04.21.025 restricting
private manufacture of alcohol in all local option
areas.
Section 83
AS 04.16.035 maintains current penalty for possession
of ingredients for homebrew.
Section 84 Access of drunken persons to licensed
premises
AS 04.16.040 rewords licensed premises language.
Section 85
AS 04.16.040 relocates and lowers penalty for
prohibited access by a drunken person.
Section 86 Obligation to enforce restrictions in
licensed premises
AS 04.16.045 relocates and lowers penalty for
permitting consumption not authorized under a license.
Section 87 Access of persons with restriction on
purchasing alcohol
AS 04.16.047 adds reference to penalty for entering
and remaining on licensed premises defined in AS
04.16.160.
Section 88 Access to persons under the age of 21 to
licensed premises
AS 04.16.049(a) amends reference to restaurant
endorsement and club license.
Section 89
AS 04.16.049(c) adds additional license types allowed
to have underage persons on premises as employees,
ages 16 and 17, provided they are not serving alcohol.
Section 90
AS 04.16.049(d) adds additional license types allowed
to have underage persons on premises as employees,
ages 18-20, provided they are not serving alcohol.
Section 91
AS 04.16.049 adds additional license types allowed to
have underage persons on premises if traveling,
provided they are not served or consume alcohol.
Section 92 Furnishing of alcoholic beverages to
person under the age of 21 by licensees
AS 04.16.052 lowers penalty for furnishing or
delivering to a minor by a licensee or employee, adds
administrative penalty to licensee if employee is
convicted of a violation of this section and shifts
misdemeanor penalty in AS 04.16.150 to licensee who
knowingly allows employees to violate this section.
Section 93 Room rental for purposes of consuming
alcoholic beverages
AS 04.16.055 maintains class A misdemeanor for renting
a room for the purpose of providing alcoholic
beverages to a person under 21 years of age.
Section 94 Permitting minor to illegally possess
liquor in a dwelling
AS 04.16.057(b) maintains current violation and adds
$500 fine.
Section 95 Purchase by or delivery to persons under
the age of 21
AS 04.16.060(e) relocates requirement for persons
under the age of 16 to be accompanied by a person 21
years of age and have parental consent to remain in a
restaurant that serves alcohol, now in proposed AS
04.09.450 in Section 9.
Section 96
AS 04.16.060 defines penalties for purchase by a
person under 21 years of age and delivery to a person
under 21 years of age. For persons under 21, adds
similar penalty structure as those in AS 04.16.049 and
AS 04.16.050, $500 fine for violation with option to
reduce fine to $50 if youth completes treatment or
community diversion panel.
Section 97 Sales or consumption at school events
AS 04.16.080 edits title for the section and specifies
that the section applies to a person 21 years of age
and older.
Section 98
AS 04.16.080 specifies that this section applies to a
person 21 years of age and older and lowers the
penalty from a class A misdemeanor to a $100 fine.
Section 99 Prohibition of bottle clubs
AS 04.16.090(c) makes list exclusive and adds cover
charge and other services or products provided on the
premises.
Section 100
AS 04.16.090 defines the crime of maintaining a bottle
club, relocates and maintains current penalty.
Section 101 Sale of certain alcoholic beverages
prohibited
AS 04.16.110 defines sale of a prohibited alcoholic
beverage, relocates and maintains current penalty.
Section 102 Removal or introduction of alcoholic
beverages
AS 04.16.120 defines removal or introduction of
alcoholic beverages, reduces penalty to a violation
and defines exemptions.
Section 103 Alcoholic beverages transported by
common carrier
AS 04.16.125(a) references board approval of a common
carrier added in AS 04.09.750(b) and clarifies
existing language.
Section 104
AS 04.16.125(b) clarifies existing transport volumes
by alcohol type.
Section 105
AS 04.16.125 adds new subsections defining the crime
of unauthorized transportation of alcoholic beverages
by common carrier into a local option area and
maintains current class A misdemeanor.
Section 106 Stock confined to licensed premises
AS 04.16.130 lowers the penalty for unauthorized
storage of alcoholic beverages from a misdemeanor to a
violation.
Section 107 - Sale or consumption of alcoholic
beverages in a warehouse
AS 04.16.140 lowers the penalty for consumption or
sale of alcoholic beverages in a warehouse from a
misdemeanor to a violation.
Section 108 Licensee responsible for violations
AS 04.16.150 lowers the penalty for failure to ensure
compliance from a misdemeanor to a violation.
Section 109 Restriction on purchasing alcoholic
beverages
AS 04.16.160 maintains current penalty for failure to
comply with a restriction on purchasing alcoholic
beverages.
Section 110 - 111 Source of alcoholic beverages
AS 04.16.170 exempts winery direct shipment license
and maintains current penalty for sale of alcoholic
beverages from or to an unlicensed person.
Section 112 - 113 Restrictions on purchase and sale
of alcoholic beverages
AS 04.16.172 renumbers cross-references to license
types and maintains current penalty for licensee
obtaining alcoholic beverages from an unlicensed
seller.
Section 114 Furnishing alcoholic beverages in aid of
gambling enterprise
AS 04.16.175 maintains current penalty for the crime
of furnishing an alcoholic beverage in aid of a
gambling enterprise.
Section 115 Penalties for violation
AS 04.16.180(b) adds statutory references to
prohibited conduct related to drunken persons and
furnishing alcoholic beverages to persons under the
age of 21 by licensees.
Section 116
AS 04.16.080(e) adds definition for "conviction".
Section 117
AS 04.16.180 adds clarification that licensees are
subject to administrative penalties imposed by the
board for violations of AS 04.16.030 (Section 81) and
AS 04.16.052 (Section 92) and adds mitigating
circumstances for licensees.
Section 118 - 121 Forfeitures and seizures
AS 04.16.220(a) renumbers cross-references.
2:10:34 PM
Co-Chair MacKinnon looked at line 28. She wondered whether
prohibited conduct relating to a drunken person was a
violation punishable by $500. Ms. Hanke replied in the
affirmative, and stated that it would trigger the $250
administrative penalty to the licensee.
Co-Chair Hoffman queried the definition of "inebriate" on a
licensed premises. Ms. Hanke deferred to Ms. McConnell
2:11:41 PM
ERIKA MCCONNELL, ALCOHOL AND MARIJUANA CONTROL BOARD,
ANCHORAGE (via teleconference), introduced herself
Co-Chair Hoffman queried the definition of "inebriate" on a
licensed premises, as referenced in Section 84. Ms.
McConnell replied that "drunken person" was defined in
Title 4 as "a person whose physical or mental conduct is
substantially impaired as a result of the introduction of
an alcoholic beverage into the person's body; and who
exhibits those plain and easily observed or discovered
outward manifestations of behavior commonly known to be
produced by the overconsumption of alcoholic beverages."
She stated that a drunken person was identified more by the
behaviors rather than a specific blood-alcohol level.
Ms. Hanke continued with the summary:
Chapter 21. General Provisions.
Pages 96-103
Section 122 Keg registration
AS 04.21.012 adds new section establishing a keg
registration process including proof of age,
registration form requirements, identification tags,
and establishes the penalty for possession and sale of
alcoholic beverages in an unregistered keg.
Section 123 - 124 Civil liability of persons
providing alcoholic beverages
AS 04.21.020(a) renumbers cross-references.
Section 125 Alcohol server education course
AS 04.21.025(a) repeal and reenact section to list
license types that do not require server education
training: only licenses not serving the public are
exempt from requirement.
Section 126
AS 04.21.025(b) adds reference to permit holders and
individuals listed on an application as servers for a
permitted event.
Section 127
AS 04.21.025(c) adds reference to permit holders and
requires servers listed on the permit application to
have a current alcohol servers card by the first event
day.
Section 128
AS 04.21.025 provides exceptions to alcohol server
education and defines the offense of failure to comply
with alcohol server education requirements. Lowers the
existing class A misdemeanor to a violation.
Section 129 Proof of age and of not being restricted
from purchasing alcoholic beverages
AS 04.21.050(a) renumbers cross-reference.
Section 130 Warehousing of alcoholic beverages
AS 04.21.060 defines the offense of unauthorized
warehousing and lowers penalty from a misdemeanor to a
violation.
Section 131 Posting of warning signs
AS 04.21.065(a) updates list of license types that
require warning signs.
Section 132
AS 04.21.072. Fines and other criminal penalties. New
section which provides that, unless otherwise stated,
a violation of this title is a $250 fine.
AS 04.21.074. Bail forfeiture schedule. Directs the
supreme court to set a bail schedule for Title 4
violations.
AS 04.21.076. Suspension of fine or sentence. Prevents
the court from suspending fines or sentences for minor
offenses.
Section 133 Court records of persons under 21 years
of age
AS 04.21.078 adds additional statutory reference to
violations of AS 04.16.060.
Section 134 Definitions
AS 04.21.080(b)(6) adds reference to permit holders
and license holders.
Section 135
AS 04.21.080(b)(15) adds endorsements.
Section 136
AS 04.21.080(b) adds definitions.
Amendments to Various Other Titles.
Pages 103-108
Section 137 Definitions
AS 05.15.690(48) renumber beverage dispensary license
reference and update "bar" definition.
Section 138 143
Amends references to Title 4 in Titles 9, 11, 12 and
18.
Section 144 - Unlawful practices in places of public
accommodation
AS 18.80.230(b) amends reference to chapter 04.11.
Section 145 Definitions
AS 39.50.200(b) adds the marijuana control board to
list of state commissions or boards.
Section 146 Winery direct shipment tax; statement;
audit
AS 43.60.060 establishes tax collection on direct wine
shipments from out of state businesses holding this
license and outlines requirements for the Department
of Revenue. Section 147 - 148
AS 43.70.105(a) amends references to chapter 04.11 in
Titles 43 and 45.
Repealers, Transitions, Applicability, Court Rule
Amendment, and Effective Dates.
Pages 108-112
Section 149
Amends court rule 17 by adding statutory reference.
Section 150
Repealing section with effective date of January 1,
2020.
Section 151
Immediate repeal section.
Section 152
Repealing section with effective date of January 1,
2028.
Section 153
Repealing section with effective date of January 1,
2020.
Section 154 Uncodified law
Applicability. States that changes apply to offenses
committed on, or after the effective date.
Section 155 Transition
Conversion of applications and licenses. Provides that
the board shall convert all necessary licenses and
applications within 90 days after the effective date
of the section which is January 1, 2020.
Section 156 Transition
Seasonal restaurant or eating place license. Converts
applications for restaurant or eating place licenses
to seasonal restaurant or eating place license
application if the establishment serves beer and wine
for a period not exceeding six months. This section
has an immediate effective date.
Section 157 Transition
Regulations. Directs the Department and the Board to
adopt necessary regulations with an immediate
effective date.
Section 158
Immediate effective date clause.
Section 159
January 1, 2020 effective date for the remainder of
the act.
2:16:06 PM
Senator Micciche noted that the package store sampling
quantities. He stated that between the hours of 12am and
8am were the hours that samples could not be offered, and
the holder of the package store sampling endorsement may
serve a total volume of samples to a person on licensed
premises each day that did not exceed 12 ounces of beer, 6
ounces of wine, 1.5 ounces of distilled spirits, or the
alcoholic equivalent of one, two, or three of the
subsection.
Co-Chair MacKinnon asked for a restatement.
Senator Micciche restated his comment.
Senator Stevens wondered whether it was limited to 1.5
ounces a day, and noted that it was unlike behavior in
Dublin.
Senator Micciche replied in the affirmative.
Co-Chair MacKinnon looked at page 39, line 10 that was
related to the subject.
Co-Chair Hoffman looked at Section 92. He queried the
justifications and details of the changes in that section.
Senator Micciche deferred to Ms. Brawley, who was the well-
versed on the conclusions.
Ms. Brawley stated that the current penalty for a licensee
or their employee serving a minor on licensed premises was
a Class A misdemeanor. She stated that there was an
examination of many penalties in Title IX. She noted that
many cases were either dismissed or not prosecuted, because
the penalty was applied to a wide range of offences. She
noted that businesses wanted economic incentives to follow
the law, so the proposed change was for more effective
enforcement. She stated that the additional administrative
penalty on that licensee for one of the employees serving a
minor was supposed to be a notification. She noted that
there would be an affect on the license.
2:20:52 PM
Co-Chair Hoffman felt that the largest economic incentive
would be a provision that said that providing an alcohol to
a minor over a period of time that their license would be
revoked. He queried a similar provision. Ms. Brawley
replied that deferred to Ms. McConnell. She remarked that
the violation system did not mean that there was
application of penalties.
Co-Chair Hoffman felt that was the reason for ignoring the
penalties. Ms. McConnell looked at Section 4.11.370 was
related to suspension or revocation of licenses and
permits. It stated that a license or permit shall be
suspended or revoked if the board finds conviction of an
agent or employee of a licensee of a violation of this
title, a regulation adopted under this title, a regulation
adopted under this title, or an ordinance adopted under AS
04.21.010. She furthered that if the licensee was found by
the board to either knowingly violate or to have recklessly
or with criminal negligence failed to act in accordance
with the duty prescribed under AS 4.21.030 with the result
that the agent or employee violated a law, regulation, or
ordinance. She stressed that the title authorized the board
to revoke a license for many fewer offenses than ten
offenses of selling to a minor. She remarked that there
would be action against a licensed for fewer violations.
Co-Chair Hoffman wondered how many licenses had been
revoked in the last year under the current provision. He
queried whether it was a smaller number, when those were
not following the law by selling alcohol to a minor. Ms.
McConnell replied that licenses had not be revoked in the
last year under the provision. She noted that the
compliance check program was stopped in 2015, and was only
now bringing back the program.
Co-Chair Hoffman queried the reason for halting the
program. Ms. McConnell replied that there were a number of
factors to halt the program including resources. The
program was previously funded under a federal grant, and
that grant ended shortly before the program ceased. She
also stated that there were issues related to the ability
to hire underage persons who needed compensation.
2:25:31 PM
Co-Chair Hoffman felt that it was a major problem in the
state. He felt that the license fee should be increased, so
the licensees paid for the program. Ms. McConnell did not
disagree, and noted that the passage of the bill would
increase revenues.
Co-Chair Hoffman queried the timeframes and numbers of
violations that must occur for revocation of a license. Ms.
McConnell replied that there was not a standard in statute.
She stated that there were procedures for a director to
propose to the board that a license be suspended or
revoked, so it was at the discretion of the director for
the time of proposition. She stressed that selling to
underage individuals was one of the most egregious
violations of the alcohol laws.
Co-Chair Hoffman reiterated that it continued to be a large
problem, and it seemed as though someone may be "looking
the other way." He felt that there should be an overall
fix. He wanted to make all licensees see that they had to
follow the same rules as their competitors. Ms. McConnell
agreed.
Co-Chair Hoffman stressed that no licenses had been
revoked, so he was extremely concerned.
Co-Chair MacKinnon queried the distinctions between the
revoked licenses and those revoked licenses under the
section. Ms. McConnell replied that there was a
distinction. She shared that no licenses had been revoked
in her tenure of almost one year. She furthered that some
licenses had not been renewed.
Co-Chair MacKinnon felt that Section 92 should be examined
further.
Senator Micciche stressed that the issue put the
responsibility that they previously did not have
responsibility.
2:31:10 PM
Co-Chair MacKinnon wondered whether municipalities were in
the working group. Senator Micciche replied in the
affirmative.
Senator Stevens queried the proof that someone knowingly
sold to a minor. He felt that it was a high bar.
Co-Chair Hoffman asserted that it was not a high bar,
because state law could demand for a mandatory check of
licenses.
Co-Chair MacKinnon wondered whether there was a mandatory
check in the bill. Senator Micciche replied that the state
already had a mandatory check in the entire state.
Ms. Hanke stated that the default mental state for Title IX
was "knowingly."
Co-Chair MacKinnon OPENED public testimony.
2:33:55 PM
TIFFANY HALL, EXECUTIVE DIRECTOR, RECOVER ALASKA, JUNEAU,
spoke in support of the legislation. She remarked that the
process was long and thorough with overconsumption of
alcohol.
Co-Chair MacKinnon wanted to capture all the points.
2:36:55 PM
DALE FOX, ALASKA CABARET, HOTEL, RESTAURANT AND RETAILERS
ASSOCIATION (CHARR), JUNEAU, felt that a well regulated
alcohol industry was healthy. He spoke in support of the
bill.
Co-Chair Hoffman remarked that alcohol abuse and crime was
directly related to alcohol. He felt that it was a
ludicrous assumption to focus on the cost of court fees. He
stressed that there should be a challenge to the licensees.
He stressed that there was a major public safety and public
health issue. Ms. Fox replied that he was attempting to
explain how the board was currently addressing the issue.
Senator Stevens noted that there was opposition by the
Brewer's Guild, and queried whether the guild had been
satisfied by the current version of the bill. Ms. Fox
believed that they were in support of the bill.
Senator Stevens asked to hear from the Brewers Guild.
2:42:18 PM
RYAN MAKINSTER, BREWERS GUILD OF ALASKA, ANCHORAGE (via
teleconference), spoke in support of the bill.
Co-Chair MacKinnon asked whether the controversial sections
had been removed. Ms. Makinster replied in the affirmative.
2:44:52 PM
JOEL KADARAUCH, ALASKA BEER, WINE, AND SPIRITS WHOLESALERS
ASSOCIATION, ANCHORAGE (via teleconference), testified in
support of the bill.
2:45:30 PM
MICHEAL BALDWIN, ALASKA MENTAL HEALTH TRUST AUTHORITY,
ANCHORAGE (via teleconference), spoke in support of the
bill.
2:46:17 PM
STEPHANIE QUEEN, CITY MANAGER, CITY OF SOLDOTNA, SOLDOTNA
(via teleconference), spoke in support of the bill.
2:47:45 PM
ROBIN MINARD, PUBLIC AFFAIRS DIRECTOR, MATSU HEALTH
FOUNDATION, WASILLA (via teleconference), spoke in support
of the bill.
Co-Chair MacKinnon CLOSED public testimony.
Co-Chair MacKinnon discussed the following day's agenda.
Senator Micciche remarked that there were many resources to
address and submit questions.
SB 76 was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
2:50:58 PM
The meeting was adjourned at 2:50 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB76 Explanation of Changes Ver. M to Ver. Y.pdf |
SFIN 4/17/2018 1:30:00 PM |
SB 76 |
| SB76 Sponsor Statement_.pdf |
SFIN 4/17/2018 1:30:00 PM |
SB 76 |
| SB76 Support Doc - Population Limits March 2018.pdf |
SFIN 4/17/2018 1:30:00 PM |
SB 76 |
| SB76 Support Doc - Proposed License Fees.pdf |
SFIN 4/17/2018 1:30:00 PM |
SB 76 |
| SB76 Support Doc - Proposed Licensing System.pdf |
SFIN 4/17/2018 1:30:00 PM |
SB 76 |
| SB76 Support Doc - Public Convenience Fact Sheet.pdf |
SFIN 4/17/2018 1:30:00 PM |
SB 76 |
| SB76 Sectional Analysis Ver. Y.pdf |
SFIN 4/17/2018 1:30:00 PM |
SB 76 |
| SB76 Letters of Support 4.13.2018.pdf |
SFIN 4/17/2018 1:30:00 PM |
SB 76 |
| SB76 Support Doc - Revenue Sharing.pdf |
SFIN 4/17/2018 1:30:00 PM |
SB 76 |
| SB 76 Letter of Support - Rasmuson CHARR.pdf |
SFIN 4/17/2018 1:30:00 PM |
SB 76 |
| SB 76 DCCED 04.18.2018 SB 76 SFIN Followup.pdf |
SFIN 4/17/2018 1:30:00 PM |
SB 76 |
| SB 76 Opposition Testimony Haines Brewing Company.pdf |
SFIN 4/17/2018 1:30:00 PM |
SB 76 |