00                              HOUSE BILL NO. 42                                                                          
01 "An Act relating to the consumption, purchase, furnishing, delivery, offer for sale, and                                
02 sale of alcoholic beverages and to driver's licenses and identification cards used to                                   
03 purchase alcoholic beverages."                                                                                          
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 04.16 is amended by adding new sections to read:                                                  
06            Sec. 04.16.160.  Privilege to purchase alcoholic beverages.  (a)  A person                               
07       who is 21 years of age or older has a privilege to purchase alcoholic beverages, unless                           
08       the privilege is revoked as provided under (b) of this section or as otherwise provided                           
09       by law.                                                                                                           
10            (b)  If a person is convicted of operating a motor vehicle, aircraft, or watercraft                          
11       while intoxicated in violation of AS 28.35.030, the court shall revoke the person's                               
12       privilege to purchase alcoholic beverages.  If a person is convicted of an offense other                          
13       than operating a motor vehicle, aircraft, or watercraft while intoxicated in violation of                         
14       AS 28.35.030 and the consumption of an alcoholic beverage was a substantial factor in                             
01       the commission of the offense, the court may revoke the person's privilege to purchase                            
02       alcoholic beverages.  Subject to (d) of this section, a revocation imposed under this                             
03       subsection shall be for the following periods:                                                                    
04                 (1)  for a first offense, one year;                                                                     
05                 (2)  for a second offense, three years;                                                                 
06                 (3)  for a third or subsequent offense, five years.                                                     
07            (c)  A person whose privilege to purchase alcoholic beverages is revoked under                               
08       (b) of this section may not knowingly enter licensed premises, possess or purchase an                             
09       alcoholic beverage, or solicit another person to purchase an alcoholic beverage.                                  
10            (d)  For purposes of (b) of this section, a prior conviction of the offense                                  
11       described under (b) of this section subjects the person to the penalties described under                          
12       (b)(2) or (3) of this section, but only if the prior conviction occurs within 10 years                            
13       preceding the date of the present offense.                                                                        
14            Sec. 04.16.165.  Prohibition relating to persons with revoked privilege to                               
15       purchase.  (a)  A person may not knowingly furnish or deliver an alcoholic beverage                             
16       to a person whose privilege to purchase alcoholic beverages is revoked under                                      
17       AS 04.16.160.                                                                                                     
18            (b)  If a person is convicted of violating (a) of this section, the court shall                              
19       revoke the person's privilege to purchase alcoholic beverages for a period of six                                 
20       months.                                                                                                           
21            Sec. 04.16.167.  Identification check by licensees; required notice.  (a)  A                               
22       licensee or an agent or employee of a licensee may not knowingly sell or offer for sale                           
23       an alcoholic beverage unless the licensee, agent, or employee first examines the                                  
24       identification of the person purchasing the alcoholic beverage and determines that the                            
25       person's privilege to purchase alcoholic beverages is not revoked.                                                
26            (b)  The board shall maintain a list of persons with a revoked privilege to                                  
27       purchase alcoholic beverages and shall promptly notify all licensees of the contents of                           
28       the list and changes to the list.                                                                                 
29            (c)  A court that revokes a privilege to purchase alcoholic beverages shall                                  
30       promptly notify the board of the revocation.                                                                      
31    * Sec. 2.  AS 04.16.180(a) is amended to read:                                                                     
01            (a)  Except as provided in AS 04.11.015, AS 04.16.025, 04.16.050(b)                                      
02       [AS 04.16.050(b)], 04.16.051, 04.16.165(b), 04.16.200 - 04.16.210, and                                        
03       AS 04.21.065, a person who violates a provision of this title or a regulation adopted by                          
04       the board is guilty, upon conviction, of a class A misdemeanor.  Each violation is a                              
05       separate offense.                                                                                                 
06    * Sec. 3.  AS 28.15.111(a) is amended to read:                                                                     
07            (a)  Upon successful completion of the application and all required                                          
08       examinations, and upon payment of the required fee, the department shall issue to                                 
09       every qualified applicant a driver's license indicating the type or general class of                              
10       vehicles that the licensee may drive.  The license must display (1) a distinguishing                              
11       number assigned to the license; (2) the licensee's full name, address, date of birth,                             
12       brief physical description, and color photograph; (3) either a facsimile of the signature                         
13       of the licensee or a space upon which the licensee must write the licensee's usual                                
14       signature with pen and ink; (4) a holographic symbol intended to prevent illegal                                  
15       alteration or duplication; [AND] (5) for a qualified applicant who is under age 21, the                           
16       words "UNDER 21"; and (6) for a person whose privilege to purchase alcohol has                                
17       been revoked under AS 04.16.160 or 04.16.165, a distinctive color.  A license is not                          
18       valid until signed by the licensee.  If facilities are not available for the taking of the                        
19       photograph required under this section, the department shall endorse on the license,                              
20       the words "valid without photograph."