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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled SB 45                                                                                                          
01 Relating to an exemption from the regulation of construction contractors; relating to distillery                        
02 licenses; relating to the renewal of a license involving alcoholic beverages; relating to the                           
03 renewal and transfer of ownership of a beverage dispensary license or restaurant or eating                              
04 place license; and relating to issuance of an outdoor recreation lodge license in a local option                        
05 area.                                                                                                                   
06                           _______________                                                                               
07    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                            
08 to read:                                                                                                                
09       LEGISLATIVE INTENT. It is the intent of the legislature that the exemptions listed                                
10 in AS 08.18.161, as amended by sec. 11 of this Act, be construed broadly to allow individuals                           
11 the freedom and ability to construct and sell their own homes based on their own discretion.                            
12    * Sec. 2. AS 04.11.170 is amended by adding new subsections to read:                                                 
13            (f)  The holder of a distillery license may combine the distillery's product                                 
01       under (d) and (e) of this section with other ingredients, including mixers, liquids, or                           
02       garnishes, that are not alcoholic beverages.                                                                      
03            (g)  In this section, "distillery's product" means an alcoholic beverage distilled                           
04       on the licensed premises.                                                                                         
05    * Sec. 3. AS 04.11.295(a) is amended to read:                                                                        
06 (a)  An applicant for the issuance or transfer of a license or a conditional                                            
07 contractor's permit under this title shall submit to the board, with the application, the                               
08 applicant's fingerprints and the fees required by the Department of Public Safety under                                 
09 AS 12.62.160 for criminal justice information and a national criminal history record                                    
10 check. Except as provided under (c) of this section, the [THE] board may require an                                   
11 applicant for renewal of a license or a conditional contractor's permit under this title to                             
12 submit fingerprints and pay the required fees [AS REQUIRED BY THIS                                                    
13 SUBSECTION]. The board shall submit the fingerprints to the Department of Public                                        
14 Safety to obtain a report of criminal justice information under AS 12.62 and a national                                 
15 criminal history record check under AS 12.62.400. The Department of Public Safety                                       
16 may submit the fingerprints to the Federal Bureau of Investigation for a national                                       
17 criminal history record check. The board shall use the information obtained under this                                  
18 section in its determination of an applicant's qualification for issuance, transfer, or                                 
19       renewal of a license or a conditional contractor's permit.                                                        
20    * Sec. 4. AS 04.11.295 is amended by adding a new subsection to read:                                                
21 (c)  For renewal of a license or conditional contractor's permit held by a                                              
22 corporation that is required by federal law to file periodic reports with the United                                    
23 States Securities and Exchange Commission, the board may require submission of                                          
24 fingerprints and payment of the required fees of not more than three individuals who                                    
25       are officers of the corporation.                                                                                  
26    * Sec. 5. AS 04.11.330(a) is amended to read:                                                                        
27            (a)  An application requesting renewal of a license shall be denied if                                       
28 (1)  the board finds, after review of all relevant information, that                                                    
29       renewal of the license would not be in the best interests of the public;                                          
30                 (2)  the license has been revoked for any cause;                                                        
31 (3)  the applicant has not operated the licensed premises for at least 240                                            
01       hours [30 EIGHT-HOUR DAYS] during each of the two preceding calendar years,                                     
02       unless the board determines that the licensed premises are under construction or                                  
03       cannot be operated through no fault of the applicant;                                                             
04                 (4)  the board finds that issuance of an existing license under                                         
05       AS 04.11.400(d) has not encouraged tourist trade;                                                                 
06                 (5)  the requirements of AS 04.11.420 - 04.11.450 relating to zoning,                                   
07       ownership of the license, and financing of the licensee have not been met;                                        
08                 (6)  renewal of the license would violate the restrictions pertaining to                                
09       the particular license under this title or the license has been operated in violation of a                        
10       condition or restriction imposed by the board;                                                                    
11 (7)  renewal of the license is prohibited under this title as a result of an                                            
12       election conducted under AS 04.11.507;                                                                            
13 (8)  the application has not been completed in accordance with                                                          
14       AS 04.11.270; or                                                                                                  
15 (9)  the license was issued under AS 04.11.400(g), and the board finds                                                  
16       that the public convenience does not require renewal.                                                             
17    * Sec. 6. AS 04.11.360 is amended to read:                                                                           
18 Sec. 04.11.360. Denial of transfer of a license to another person. An                                                   
19 application requesting approval of a transfer of a license to another person under this                                 
20       title shall be denied if                                                                                          
21 (1)  the board finds, after review of all relevant information, that                                                    
22       transfer of a license to another person would not be in the best interests of the public;                         
23 (2)  the application has not been completed in accordance with                                                          
24       AS 04.11.280;                                                                                                     
25                 (3)  the application contains false statements of material fact;                                        
26 (4)  the transferor has not paid all debts or taxes arising from the                                                    
27       conduct of the business licensed under this title unless                                                          
28 (A)  the transferor gives security for the payment of the debts or                                                      
29            taxes satisfactory to the creditor or taxing authority; or                                                   
30 (B)  the transfer is under a promise given as collateral by the                                                         
31 transferor to the transferee in the course of an earlier transfer of the license                                        
01            under which promise the transferor is obliged to transfer the license back to the                            
02            transferee in the event of default in payment for property conveyed as part of                               
03            the earlier transfer of the license;                                                                         
04                 (5)  transfer of the license to another person would result in violation of                             
05       the provisions of this title relating to identity of licensees and financing of licensees;                        
06                 (6)  transfer of the license to another person would violate the                                        
07       restrictions pertaining to the particular license under this title;                                               
08                 (7)  transfer of the license to another person is prohibited under the                                  
09       provisions of this title as a result of an election conducted under AS 04.11.507;                                 
10 (8)  the prospective transferee does not have the qualifications required                                               
11 under this title of an original applicant; however, an application may not be denied                                  
12 because a prospective transferee under AS 04.11.400(d)(2) does not have the                                           
13       qualifications required under AS 04.11.400(d)(1);                                                               
14 (9)  the license was issued under AS 04.11.100(f) or 04.11.400(g);                                                      
15 however, this paragraph does not apply to a beverage dispensary license issued before                                   
16 June 6, 1985, under former AS 04.11.400(j) if the transfer does not involve a change                                    
17       in location; or                                                                                                   
18 (10)  the license was issued under AS 04.11.135, unless the transferor is                                               
19 also applying to transfer the beverage dispensary license required under AS 04.11.135                                   
20       to the same transferee.                                                                                           
21    * Sec. 7. AS 04.11.400(d) is amended to read:                                                                        
22            (d)  The board may approve                                                                                   
23 (1)  the issuance [OR TRANSFER OF OWNERSHIP] of a new                                                               
24 beverage dispensary or restaurant or eating place license without regard to (a) of this                                 
25 section if it appears that the issuance [OR TRANSFER] will encourage the tourist                                        
26       trade by encouraging the construction or improvement of                                                           
27 (A) [(1)]  a hotel, motel, resort, or similar business relating to                                                    
28 the tourist trade with a dining facility or having kitchen facilities in a majority                                     
29 of its rental rooms and at least a minimum number of rental rooms required                                              
30 according to the population of the [ESTABLISHED VILLAGE,] incorporated                                                  
31 city, unified municipality, or population area established under (a) of this                                            
01            section in which the facility will be located, as follows:                                                   
02                           (i) [(A)]  10 rental rooms if the population is less than                                   
03                 1,501;                                                                                                  
04                           (ii) [(B)]  20 rental rooms if the population is 1,501 -                                    
05                 2,500;                                                                                                  
06                           (iii) [(C)]  25 rental rooms if the population is 2,501 -                                   
07                 5,000;                                                                                                  
08                           (iv) [(D)]  30 rental rooms if the population is 5,001 -                                    
09                 15,000;                                                                                                 
10 (v) [(E)]  35 rental rooms if the population is 15,001 -                                                              
11                 25,000;                                                                                                 
12 (vi) [(F)]  40 rental rooms if the population is 25,001 -                                                             
13                 50,000; and                                                                                             
14 (vii) [(G)]  50 rental rooms if the population is greater                                                             
15                 than 50,000; or                                                                                         
16                      (B) [(2)]  an airport terminal; and                                                            
17 (2)  the renewal or transfer of ownership of a beverage dispensary                                                    
18       or restaurant or eating place license issued under (1) of this subsection if the                                
19 (A)  holder of the license operates a hotel, motel, resort, or                                                        
20            similar business relating to the tourist trade that                                                        
21 (i)  has a dining facility on the licensed premises or                                                                
22                 kitchen facilities in a majority of its rental rooms; and                                             
23 (ii)  maintains at least the minimum number of rental                                                                 
24 rooms that the hotel, motel, resort, or similar business had at the                                                   
25 time of initial licensure or that was required at the time of initial                                                 
26                 licensure; or                                                                                         
27                      (B)  licensed premises are located inside an airport terminal.                                   
28    * Sec. 8. AS 04.11.491(a) is amended to read:                                                                        
29 (a)  If a majority of the persons voting on the question vote to approve the                                            
30       option, a municipality shall adopt a local option to prohibit                                                     
31                 (1)  the sale of alcoholic beverages;                                                                   
01                 (2)  the sale of alcoholic beverages except by one or more of the                                       
02       following listed on the ballot:                                                                                   
03                      (A)  a restaurant or eating place licensee;                                                        
04                      (B)  a beverage dispensary licensee;                                                               
05                      (C)  a package store licensee;                                                                     
06                      (D)  a caterer holding a permit under AS 04.11.230 to sell                                         
07            alcoholic beverages at a site within the municipality who is also licensed under                             
08            a beverage dispensary license for premises outside of the municipality;                                      
09                      (E)  a winery licensee; [OR]                                                                       
10 (F)  a winery licensee, except that sales may occur only to a                                                           
11            person licensed under this title or in another state or country; or                                        
12                      (G)  an outdoor recreation lodge licensee;                                                       
13 (3)  the sale of alcoholic beverages except on premises operated by the                                                 
14 municipality and under a type of licensed premises listed on the ballot, that may                                       
15       include one or more of the following:                                                                             
16                      (A)  a restaurant or eating place license;                                                         
17                      (B)  a beverage dispensary license; or                                                             
18                      (C)  a package store license;                                                                      
19                 (4)  the sale and importation of alcoholic beverages; or                                                
20                 (5)  the sale, importation, and possession of alcoholic beverages.                                      
21    * Sec. 9. AS 04.11.491(b) is amended to read:                                                                        
22 (b)  If a majority of the persons voting on the question vote to approve the                                            
23       option, an established village shall exercise a local option to prohibit                                          
24                 (1)  the sale of alcoholic beverages;                                                                   
25 (2)  the sale of alcoholic beverages except by one or more of the                                                       
26       following listed on the ballot:                                                                                   
27                      (A)  a restaurant or eating place licensee;                                                        
28                      (B)  a beverage dispensary licensee;                                                               
29                      (C)  a package store licensee;                                                                     
30 (D)  a caterer holding a permit under AS 04.11.230 to sell                                                              
31 alcoholic beverages at a site within the established village who is also licensed                                       
01            under a beverage dispensary license for premises outside of the established                                  
02            village;                                                                                                     
03                      (E)  a winery licensee; [OR]                                                                       
04                      (F)  a winery licensee, except that sales may occur only to a                                      
05            person licensed under this title or in another state or country; or                                        
06                      (G)  an outdoor recreation lodge licensee;                                                       
07                 (3)  the sale and importation of alcoholic beverages; or                                                
08                 (4)  the sale, importation, and possession of alcoholic beverages.                                      
09    * Sec. 10. AS 08.18.116 is amended by adding a new subsection to read:                                               
10 (b)  If an owner files a notice of the advertisement of a structure for sale or the                                     
11 sale of a structure during the period of construction or for two years after the period of                              
12 construction begins under AS 08.18.161(11), the department shall investigate and take                                   
13 appropriate action under this chapter if the notice and circumstances indicate that the                                 
14 owner is operating a business for which the owner is required to register as a                                          
15       contractor under this chapter.                                                                                    
16    * Sec. 11. AS 08.18.161 is amended to read:                                                                          
17 Sec. 08.18.161. Exemptions. To the extent that this chapter governs                                                     
18       contractors, this chapter does not apply to                                                                       
19 (1)  an authorized representative of the United States government, the                                                  
20       State of Alaska, or a political subdivision or agency of the state;                                               
21                 (2)  an officer of a court when acting within the scope of office;                                      
22 (3)  a public utility operating under the regulations of the Regulatory                                                 
23 Commission of Alaska in construction, maintenance, or development work incidental                                       
24       to its own business;                                                                                              
25 (4)  a construction, repair, or operation incidental to the discovering or                                              
26 producing of petroleum or gas, or the drilling, testing, abandoning, or other operation                                 
27 of a petroleum or gas well or a surface or underground mine or mineral deposit when                                     
28       performed by an owner or lessee;                                                                                  
29 (5)  the sale or installation of finished products, materials, or articles of                                           
30 merchandise that are not actually fabricated into and do not become a permanent,                                        
31       fixed part of a structure;                                                                                        
01                 (6)  construction, alteration, or repair of personal property;                                          
02                 (7)  a person who only furnished materials, supplies, or equipment                                      
03       without fabricating them into, or consuming them in the performance of, the work of                               
04       the contractor;                                                                                                   
05                 (8)  [REPEALED                                                                                          
06                 (9)]  an owner who contracts for a project with a registered contractor;                                
07                 (9) [(10)]  a person working on an existing structure on that person's                              
08 own property, whether occupied by the person or not, and a person working on that                                       
09       person's own existing residence, whether owned by the person or not;                                            
10 (10) [(11)]  an owner or tenant of commercial property who uses the                                                   
11 owner's or tenant's own employees to do maintenance, repair, and alteration work on                                   
12       [UPON] that property;                                                                                             
13 (11) [(12)]  an owner who acts as the owner's own contractor and in                                                   
14 doing so performs the work independently or hires workers or [ON AN HOURLY                                          
15 BASIS, HIRES] subcontractors, purchases materials, and, as such, sees to the paying                                   
16 for all labor, subcontractors, and materials; in this case, the owner shall be limited to                               
17 construction of one home, duplex, triplex, four-plex, or commercial building every                                      
18 two years; an owner who advertises the structure under construction for sale or                                       
19 sells the structure during the period of construction or within two years after the                                   
20 period of construction begins shall file, on forms provided by the department, a                                      
21 notice indicating that the owner is not engaged in a business for which the owner                                     
22 is required to register as a contractor under this chapter; for the purposes of this                                  
23       paragraph, construction begins on the date that is the earlier of when the owner                                
24                      (A)  begins the actual construction work; or                                                     
25 (B)  enters into an agreement with another person for the                                                             
26 other person to provide labor, to act as a subcontractor, or to provide                                               
27            materials for the construction;                                                                            
28 (12) [(13)]  a person performing construction work incidental to                                                      
29 farming, dairying, agriculture, horticulture, stock or poultry raising, mining, logging,                                
30 fishing, clearing, or other work on [UPON] the land in rural districts for fire                                       
31       prevention purposes, or access road building, unless the person is a licensee.                                    
01    * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to                           
02 read:                                                                                                                   
03       APPLICABILITY. (a) Section 2 of this Act applies to conduct by a holder of a                                      
04 distillery license occurring before, on, or after the effective date of this Act.                                       
05       (b)  AS 04.11.491(a)(2), as amended by sec. 8 of this Act, and AS 04.11.491(b)(2), as                             
06 amended by sec. 9 of this Act, apply to outdoor recreation lodge licenses issued before, on, or                         
07 after the effective date of this Act.                                                                                   
08       (c)  Sections 10 and 11 of this Act apply to construction begun under                                             
09 AS 08.18.161(11), as amended by sec. 11 of this Act, on or after the effective date of this Act.                        
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