00 HOUSE BILL NO. 5 01 "An Act relating to identification required to purchase alcoholic beverages and tobacco 02 products; relating to identification information contained on a driver's license; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 04.16 is amended by adding a new section to read: 06 Sec. 04.16.160. Identification check by licensee. A licensee or an agent or 07 employee of a licensee may not sell or offer for sale an alcoholic beverage unless the 08 licensee, agent, or employee first examines the identification of the person purchasing 09 the alcoholic beverage and determines that the person is at least 21 years of age. 10 * Sec. 2. AS 11.76 is amended by adding a new section to read: 11 Sec. 11.76.108. Identification check by tobacco retailer. (a) A person may 12 not sell a cigarette, cigar, tobacco, or a product containing tobacco unless the sale 13 occurs immediately after the sales clerk examines the identification of the person 14 purchasing the cigarette, cigar, tobacco, or product containing tobacco and determines 01 that the person is at least 19 years of age. 02 (b) Subsection (a) does not apply if the sale 03 (1) is by vending machine as provided under AS 11.76.100(b); 04 (2) is a wholesale transaction, the person is licensed as a manufacturer 05 or distributor under AS 43.50.010, and the sale occurs on premises where no retail 06 transactions occur; or 07 (3) is by a retailer who sells primarily cigarettes, cigars, tobacco, or a 08 product containing tobacco and who restricts access to the premises to only those 09 individuals who are 19 years of age or older. 10 (c) A person who violates this section is guilty of a violation and upon 11 conviction is subject to a fine of not less than $300. 12 * Sec. 3. AS 28.15.111(a) is amended to read: 13 (a) Upon successful completion of the application and all required 14 examinations, and upon payment of the required fee, the department shall issue to 15 every qualified applicant a driver's license indicating the type or general class of 16 vehicles that the licensee may drive. The license must [DISPLAY] (1) display a 17 distinguishing number assigned to the license; (2) display the licensee's full name, 18 address, date of birth, brief physical description, and color photograph; (3) display 19 either a facsimile of the signature of the licensee or a space upon which the licensee 20 must write the licensee's usual signature with pen and ink; (4) display a holographic 21 symbol intended to prevent illegal alteration or duplication; [AND] (5) display for a 22 qualified applicant who is under age 21, the words "UNDER 21"; and (6) be designed 23 to allow the electronic reading and electronic display of the information 24 described under (2) of this subsection and an abstract of the licensee's driving 25 record. A license is not valid until signed by the licensee. If facilities are not 26 available for the taking of the photograph required under this section, the department 27 shall endorse on the license, the words "valid without photograph." 28 * Sec. 4. AS 43.50.070 is amended to read: 29 Sec. 43.50.070. Revocation of licenses. The department may suspend or 30 revoke a license issued under AS 43.50.010 - 43.50.180 (1) for a negligent violation of 31 AS 11.76.100, 11.76.106, 11.76.107, 11.76.108, or a violation of AS 43.50.010 - 01 43.50.180 or a regulation of the department adopted under AS 43.50.010 - 43.50.180; 02 (2) if a licensee ceases to act in the capacity for which the license was issued; or (3) if 03 a manufacturer, distributor, or wholesale distributor negligently sells tobacco or 04 products containing tobacco to a nonlicensed retailer or a retailer whose license 05 endorsement under AS 43.70.075 has been suspended. A person whose license is 06 suspended or revoked may not sell cigarettes or permit cigarettes to be sold during the 07 period of the suspension or revocation on the premises occupied or controlled by that 08 person. A disciplinary proceeding or action is not barred or abated by the expiration, 09 transfer, surrender, renewal, or extension of a license issued under AS 43.50.010 - 10 43.50.180. The department shall comply with the provisions of the Administrative 11 Procedure Act (AS 44.62). 12 * Sec. 5. AS 43.70.075(d) is amended to read: 13 (d) If a person who holds an endorsement issued under this section, or an 14 agent or an employee of a person who holds an endorsement issued under this section 15 acting within the scope of the agency or employment, has been convicted of violating 16 AS 11.76.100, 11.76.106, [OR] 11.76.107, or 11.76.108 or violates a provision of this 17 section or a regulation implementing this section adopted under AS 43.70.090, the 18 department may suspend the endorsement for a period of not more than 19 (1) 45 days; or 20 (2) 90 days if, within the past 24 months, the person has been 21 previously convicted of violating AS 11.76.100, 11.76.106, [OR] 11.76.107, or 22 11.76.108 or a provision of this section or a regulation implementing this section 23 adopted under AS 43.70.090. 24 * Sec. 6. This Act takes effect July 1, 2001.