00 CS FOR HOUSE BILL NO. 162(CRA)                                                                                          
01 "An Act relating to the sale or purchase of handicrafts on certain premises; and                                        
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.   AS 04.16 is amended by adding a new section to read:                                                  
05  Sec. 04.16.095.  Sale or purchase of handicrafts on licensed premises.  (a)                                           
06 A person may not knowingly sell, offer to sell, purchase, or offer to purchase authentic                                
07 Native handicrafts or other handicrafts if the sale, purchase, or offer is made on                                      
08 premises that are licensed to sell alcoholic beverages under AS 04.11.090 or 04.11.150.                                 
09  (b)  An individual who violates (a) of this section is subject to                                                     
10   (1)  a fine of $300 and up to 90 days in jail for the first offense; and                                             
11   (2)  a fine of $600 and up to one year in jail for each offense after the                                            
12 first offense.                                                                                                          
13  (c)  A person who is not an individual and who violates (a) of this section is                                        
14 subject to a fine of $1,000 for the first offense and $2,000 for each offense after the                                 
01 first offense.                                                                                                          
02  (d)  In addition to the penalties under (b) and (c) of this section, and                                              
03 notwithstanding AS 04.11.370, the board shall suspend a license issued under                                            
04 AS 04.11.090 or 04.11.150 for 45 days for a first violation of (a) of this section, and                                 
05 shall revoke the license for a second violation of (a) of this section, if                                              
06   (1)  the licensee violates (a) of this section on the licensed premises; or                                          
07   (2)  a person who is employed to work on the licensed premises violates                                              
08 (a) of this section while working on the licensed premises.                                                             
09  (e)  This section does not apply to sales, offers to sell, purchases, or offers to                                    
10 purchase made on premises where beer or wine is sold under a special events permit                                      
11 issued under AS 04.11.240.                                                                                              
12  (f)  In this section,                                                                                                 
13   (1)  "authentic Native handicraft" has the meaning given in                                                          
14 AS 45.65.070;                                                                                                           
15   (2)  "knowingly" has the meaning given in AS 11.81.900;                                                              
16   (3)  "other handicrafts" means items that are produced, decorated, or                                                
17 fashioned by an individual.                                                                                             
18    * Sec. 2.  AS 04.16.180(a) is amended to read:                                                                       
19  (a)  Except as provided in AS 04.11.015, AS 04.16.025, 04.16.050(b)                                                 
20 [AS 04.16.050(b)], 04.16.051, 04.16.095, 04.16.200 - 04.16.210, and AS 04.21.065, a                                   
21 person who violates a provision of this title or a regulation adopted by the board is                                   
22 guilty, upon conviction, of a class A misdemeanor.  Each violation is a separate                                        
23 offense.                                                                                                                
24    * Sec. 3.  AS 04.21.065 is amended by adding a new subsection to read:                                               
25  (m)  A licensee under AS 04.11.090 or 04.11.150 who is subject to the                                                 
26 prohibition in AS 04.16.095(a) shall post on the licensed premises a warning sign that                                  
27 reads "WARNING:  THE SALE OR PURCHASE OF AUTHENTIC NATIVE                                                               
28 HANDICRAFTS OR OTHER HANDICRAFTS IS PROHIBITED BY LAW ON                                                                
29 THESE PREMISES.  A person who violates this prohibition is subject to criminal                                          
30 penalties.  A violation may result in the suspension or revocation of this                                              
31 establishment's liquor license."  The warning sign must be at least 11 inches by 14                                     
01 inches, and the lettering must be at least one-half inch high and in a color that                                       
02 contrasts with the background of the sign.  The licensee shall display the sign in a                                    
03 conspicuous manner.                                                                                                     
04    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).