00 CS FOR HOUSE BILL NO. 42(STA) 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 04.11.491 is amended by adding a new subsection to read: 06 (g) In addition to the options provided under (a) and (b) of this section, if a 07 majority of the persons voting on the question vote to approve the option, a 08 municipality shall adopt an ordinance and an established village shall exercise a local 09 option to require an identification check by licensees as provided under AS 04.16.165. 10 A ballot question to adopt a local option under this subsection must at least contain 11 language substantially similar to "Shall (name of municipality or village) adopt a local 12 option to require an identification check by licensees as provided under AS 04.16.165? 13 (yes or no)." 14  * Sec. 2. AS 04.11.495 is amended by adding a new subsection to read: 01 (d) In addition to the option provided under (a) of this section, if a majority of 02 the persons voting on the question vote to approve the option, a municipality or an 03 established village shall remove the option set out in AS 04.11.491(g) to require an 04 identification check by licensees as provided under AS 04.16.165. Notwithstanding 05 (b) of this section, a ballot question to remove a local option under this subsection 06 must at least contain language substantially similar to "Shall (name of municipality or 07 village) remove the local option to require an identification check by licensees as 08 provided under AS 04.16.165 so that there is no longer a requirement of an 09 identification check in effect? (yes or no)." 10  * Sec. 3. AS 04.11.509(a) is amended to read: 11 (a) If a majority of the voters vote to impose [PROHIBIT], change, or remove 12 a local option under AS 04.11.491 - 04.11.495, the clerk of the municipality [,] or, if 13 the election is in an established village, the lieutenant governor shall notify the board 14 of the results of the election immediately after the results are certified. The board 15 shall immediately notify the Department of Law and the Department of Public Safety 16 of the results of the election. 17  * Sec. 4. AS 04.16 is amended by adding new sections to read: 18 Sec. 04.16.160.  Privilege to purchase alcoholic beverages. (a) A person 19 who is 21 years of age or older has a privilege to purchase alcoholic beverages, unless 20 the privilege is revoked as provided under (b) of this section, is voluntarily 21 relinquished as provided under (c) of this section, or as otherwise provided by law. 22 (b) If a person is convicted of operating a motor vehicle, aircraft, or watercraft 23 while intoxicated in violation of AS 28.35.030 or refusal to submit to a chemical test 24 under AS 28.35.032 or is convicted of a different offense and consumption of an 25 alcoholic beverage was a substantial factor in the commission of the offense and the 26 person has, within five years preceding the date of the present conviction, been 27 convicted of violating AS 28.35.030 or 28.35.032, the court shall revoke the person's 28 privilege to purchase alcoholic beverages. A revocation imposed under this 29 subsection shall be for the following periods: 30 (1) for a first revocation, one year; 31 (2) for a second revocation, three years; 01 (3) for a third or subsequent revocation, five years. 02 (c) A person may volunteer to relinquish the person's privilege to purchase 03 alcoholic beverages. A voluntary relinquishment shall continue until the person elects 04 to end the relinquishment. 05 (d) A person whose privilege to purchase alcoholic beverages is revoked 06 under (b) or relinquished under (c) of this section may not knowingly possess, 07 consume, or purchase an alcoholic beverage, or solicit another person to purchase an 08 alcoholic beverage. This subsection does not apply to sacramental wine used for 09 religious purposes. 10 (e) For purposes of (b) of this section, a prior conviction of any of the offenses 11 described under (b) of this section subjects the person to the penalties described under 12 (b) of this section. 13 Sec. 04.16.165. Identification check by licensees. If a local option to require 14 an identification check is adopted under AS 04.11.491(g), a licensee or an agent or 15 employee of a licensee within that municipality or established village may not 16 knowingly sell or offer for sale an alcoholic beverage unless the licensee, agent, or 17 employee first examines the identification of the person purchasing the alcoholic 18 beverage and determines that the person's privilege to purchase alcoholic beverages is 19 not revoked. 20 Sec. 04.16.167. Required notice. A court that revokes a privilege to purchase 21 alcoholic beverages shall promptly notify the Department of Public Safety and the 22 component of the Department of Administration that administers motor vehicle and 23 driver's license laws of the revocation. 24  * Sec. 5. AS 28.15.111(a) is amended to read: 25 (a) Upon successful completion of the application and all required 26 examinations, and upon payment of the required fee, the department shall issue to 27 every qualified applicant a driver's license indicating the type or general class of 28 vehicles that the licensee may drive. The license must display (1) a distinguishing 29 number assigned to the license; (2) the licensee's full name, address, date of birth, 30 brief physical description, and color photograph; (3) either a facsimile of the signature 31 of the licensee or a space upon which the licensee must write the licensee's usual 01 signature with pen and ink; (4) a holographic symbol intended to prevent illegal 02 alteration or duplication; [AND] (5) for a qualified applicant who is under age 21, the 03 words "UNDER 21"; and (6) for a person whose privilege to purchase alcohol has  04 been revoked under AS 04.16.160, a distinctive color. A license is not valid until 05 signed by the licensee. If facilities are not available for the taking of the photograph 06 required under this section, the department shall endorse on the license, the words 07 "valid without photograph."