00 SENATE CS FOR CS FOR HOUSE BILL NO. 372(JUD)                                                                            
01 "An Act relating to a restaurant or eating place license; relating to the                                               
02 Alcoholic Beverage Control Board; and providing for an effective date."                                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 04.11.100(f) is amended to read:                                                                    
05  (f)  Notwithstanding the provisions of (b) [AND (e)] of this section, upon                                            
06 written application and approval of the local governing body, the board may renew                                     
07 [ISSUE OR REISSUE] a restaurant or eating place license and exempt the licensee                                         
08 from the requirements of (b) [AND (e)] of this section if the license was issued under                                 
09 the provisions of this subsection before the effective date of this Act.  [A                                           
10 LICENSEE EXEMPT AS PROVIDED IN THIS SUBSECTION SHALL PROVIDE                                                            
11 FOOD ITEMS FOR SALE ON THE PREMISES AS SHOWN ON A MENU                                                                  
12 APPROVED BY THE BOARD AND AVAILABLE TO PATRONS.]  The board may                                                         
13 not                                                                                                                     
14   (1)  renew [ISSUE OR REISSUE] a license as provided under this                                                     
01 subsection if                                                                                                           
02   (A)  the renewal [ISSUANCE OR REISSUANCE] would result                                                            
03 in more than one exempt restaurant or eating place license for every 10                                                 
04 restaurant or eating place licenses allowed under the provisions of                                                     
05 AS 04.11.400(a)(2) or (3);                                                                                              
06   (B)  the premises would be located in a building having a public                                                    
07 entrance within 200 feet of the boundary line of a school or a church building                                          
08 in which religious services are being regularly conducted; for purposes of this                                         
09 subparagraph, the 200-foot prohibition is measured from the outer boundary                                              
10 line of the school or the public entrance of the church building by the shortest                                        
11 pedestrian route to the nearest public entrance of the restaurant or eating place;                                     
12 or                                                                                                                     
13   (2)  [REISSUE A RESTAURANT OR EATING PLACE LICENSE                                                                   
14 AS EXEMPT AS PROVIDED UNDER THE PROVISIONS OF THIS SUBSECTION                                                           
15 IF THE LICENSE WAS ISSUED UNDER THE PROVISIONS OF AS 04.11.400(g);                                                      
16 OR                                                                                                                      
17   (3)]  transfer an exempt license issued under this subsection to another                                             
18 person.                                                                                                                 
19    * Sec. 2.  AS 04.11.100 is amended by adding a new subsection to read:                                               
20  (g)  A restaurant or eating place licensee                                                                            
21   (1)  operating under a license issued under (f) of this section shall offer                                          
22 a full-service menu of food items available to the public during all times that beer or                                 
23 wine is served or consumed; the menu must be approved by the board;                                                     
24   (2)  may only provide entertainment on the licensed premises between                                                 
25 the hours of 6:00 p.m. and 11:00 p.m. unless approved by the director after written                                     
26 request by the licensee for a specific occasion; in this paragraph, "entertainment"                                     
27 includes dancing, karaoke, live performances, or similar activities, but does not include                               
28 recorded or broadcast performances without live participation.                                                          
29    * Sec. 3.  AS 04.11.450(b) is amended to read:                                                                       
30  (b)  A person who is a representative or owner of a wholesale business,                                               
31 brewery, winery, bottling works, or distillery may not be issued, solely or together with                               
01 others, a beverage dispensary license, a restaurant or eating place license, or package                               
02 store license.  A holder of a beverage dispensary license may be issued a brewpub                                       
03 license, subject to the provisions of AS 04.11.135.  The prohibition against issuance                                  
04 of a restaurant or eating place license imposed under this subsection does not                                          
05 apply to a restaurant or eating place license issued on or before the effective date                                    
06 of this Act or a restaurant or eating place license issued under an application for                                     
07 a restaurant or eating place license approved on or before the effective date of                                        
08 this Act.                                                                                                              
09    * Sec. 4.  REQUIRED HEARING.  The Alcoholic Beverage Control Board shall hold a                                      
10 public hearing on or before January 1, 1997, for the purpose of discussing the alcoholic                                
11 beverage licenses currently being issued by the board and the interrelationship between those                           
12 licenses.                                                                                                               
13    * Sec. 5.  This Act takes effect July 1, 1996.