00 CS FOR HOUSE BILL NO. 232(CRA) 01 "An Act relating to the sale, distribution, and purchase of alcoholic beverages; relating 02 to a state database for records of certain purchases of alcoholic beverages; relating to 03 procedures for local option elections for control of alcoholic beverages; and providing 04 for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 04.06 is amended by adding a new section to read: 07 Sec. 04.06.095. Statewide database. The board, after consulting with package 08 store licensees, shall create and maintain a statewide database that contains a monthly 09 record of the alcohol purchases by, and shipments made to, a person who resides in a 10 municipality or established village that has restricted the sale of alcoholic beverages 11 under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2). Except as otherwise specifically 12 provided in this section, the information contained in the database is confidential and 13 is not subject to inspection or copying under AS 40.25.110 - 40.25.220. Information in 14 the database is available only to 01 (1) a package store licensee, agent, or employee to consult before 02 shipping alcohol to a purchaser in a restricted area as provided in AS 04.11.150(g); 03 (2) a law enforcement officer; 04 (3) a probation or parole officer; and 05 (4) the board. 06  * Sec. 2. AS 04.11.150(g) is amended to read: 07 (g) If a shipment is to an area that has restricted the sale of alcoholic 08 beverages under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), a package store 09 licensee, agent, or employee may not ship to a purchaser more than 10 and one-half 10 liters of distilled spirits, 24 liters or more of wine, or 12 gallons or more of malt 11 beverages in a calendar month, or a lower amount of distilled spirits, wine, or malt 12 beverages if the municipality or established village has adopted the lower amount by 13 local option under AS 04.11.491(g). Before shipping alcohol to a purchaser in a  14 restricted area, a package store licensee, agent, or employee shall consult the  15 database maintained by the board under AS 04.06.095 for any alcoholic beverage  16 shipments made to the purchaser during that calendar month by a package store  17 licensee, agent, or employee. A package store licensee, agent, or employee may  18 not ship an amount of alcoholic beverages to a purchaser in a restricted area  19 that, when added to the amount already shipped, exceeds the amount authorized  20 by this subsection. A package store licensee, agent, or employee shall immediately  21 enter into the database the date and the amount of alcoholic beverages shipped to  22 the purchaser.  23  * Sec. 3. AS 04.11.150(h) is amended to read: 24 (h) A package store licensee, agent, or employee may not 25 (1) divide or combine shipments of alcoholic beverages so as to 26 circumvent the limitation imposed under (g) of this section; or 27 (2) in response to a written order, ship alcohol to a purchaser at an  28 address other than the address where the purchaser resides or, if the purchaser  29 resides in a municipality or established village that has adopted a local option  30 under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2) for which a community  31 delivery site has been designated under AS 04.11.491(f), to an address other than  01 that community delivery site except as provided by AS 04.11.491(f)(1) and (2).  02  * Sec. 4. AS 04.11.499 is amended to read: 03 Sec. 04.11.499. Prohibition of importation after election. If a majority of the 04 voters vote to prohibit the importation of alcoholic beverages under 05 AS 04.11.491(a)(4) or (5) or (b)(3) or (4), a person, beginning on the first day of the 06 month following certification of the results of the election, may not knowingly send, 07 transport, or bring an alcoholic beverage into the municipality or established village, 08 unless the alcoholic beverage is sacramental wine to be used for bona fide religious 09 purposes based on tenets or teachings of a church or religious body, is limited in 10 quantity to the amount necessary for religious purposes, and is dispensed only for 11 religious purposes by a person authorized by the church or religious body to dispense 12 the sacramental wine. [IN THIS SECTION, 13 (1) "BRING" MEANS TO CARRY OR CONVEY OR TO ATTEMPT 14 OR SOLICIT TO CARRY OR CONVEY; 15 (2) "SEND" MEANS TO CAUSE TO BE TAKEN OR 16 DISTRIBUTED OR TO ATTEMPT OR SOLICIT TO CAUSE TO BE TAKEN OR 17 DISTRIBUTED, AND INCLUDES USE OF THE UNITED STATES POSTAL 18 SERVICE; 19 (3) "TRANSPORT" MEANS TO SHIP BY ANY METHOD, AND 20 INCLUDES DELIVERING OR TRANSFERRING OR ATTEMPTING OR 21 SOLICITING TO DELIVER OR TRANSFER AN ALCOHOLIC BEVERAGE TO 22 BE SHIPPED TO, DELIVERED TO, OR LEFT OR HELD FOR PICK UP BY ANY 23 PERSON.] 24  * Sec. 5. AS 04.11.499 is amended by adding new subsections to read: 25 (b) A person who resides in a municipality or established village that has 26 adopted a local option under AS 04.11.491(a) or (b) may not purchase alcohol from 27 another person who has sent, transported, or brought an alcoholic beverage into the 28 municipality or established village in violation of the local option. 29 (c) In this section, 30 (1) "bring" means to carry or convey or to attempt or solicit to carry or 31 convey; 01 (2) "send" means to cause to be taken or distributed or to attempt or 02 solicit to cause to be taken or distributed, and includes use of the United States Postal 03 Service; 04 (3) "transport" means to ship by any method, and includes delivering 05 or transferring or attempting or soliciting to deliver or transfer an alcoholic beverage 06 to be shipped to, delivered to, or left or held for pickup by any person. 07  * Sec. 6. AS 04.11.507(f) is amended to read: 08 (f) Notwithstanding any other provisions of law, an election under (b) or (c) of 09 this section to remove a local option or to change to a less restrictive option than the 10 local option previously adopted under AS 04.11.491 may not be conducted during the 11 first 24 [12] months after the local option was adopted or more than once in a 36- 12 month [AN 18-MONTH] period. 13  * Sec. 7. AS 04.16.020 is amended by adding a new subsection to read: 14 (c) A person may not purchase alcohol by written order on behalf of another 15 person who resides in a municipality or established village that has adopted a local 16 option under AS 04.11.491(a)(5) or (b)(4). 17  * Sec. 8. AS 04.16 is amended by adding a new section to read: 18 Sec. 04.16.035. Possession of ingredients for homebrew in certain areas. A 19 person residing in an area that has adopted a local option to prohibit the sale, 20 importation, and possession of alcoholic beverages under AS 04.11.491(a)(5) or (b)(4) 21 may not possess sugar, artificial sugar, malt, yeast, or any other material or equipment 22 with the intent to use the material or equipment to create an alcoholic beverage. 23  * Sec. 9. AS 04.16.200(e) is amended to read: 24 (e) A person who sends, transports, or brings alcoholic beverages into a 25 municipality or established village in violation of AS 04.11.499(a) [AS 04.11.499] is, 26 upon conviction, 27 (1) guilty of a class A misdemeanor if the quantity of alcoholic 28 beverages is less than 10 and one-half liters of distilled spirits, 24 liters of wine, or 12 29 gallons of malt beverages; or 30 (2) guilty of a class C felony if the quantity of alcoholic beverages is 31 10 and one-half liters or more of distilled spirits, 24 liters or more of wine, or 12 01 gallons or more of malt beverages. 02  * Sec. 10. AS 04.16.200 is amended by adding a new subsection to read: 03 (f) A person who purchases alcohol in violation of AS 04.11.499(b) is guilty 04 of a class A misdemeanor. 05  * Sec. 11. AS 04.16.220(a) is amended to read: 06 (a) The following are subject to forfeiture: 07 (1) alcoholic beverages manufactured, sold, offered for sale, possessed 08 for sale, or bartered or exchanged for goods and services in this state in violation of 09 AS 04.11.010; alcoholic beverages possessed, stocked, warehoused, or otherwise 10 stored in violation of AS 04.21.060; alcoholic beverages sold or offered for sale in 11 violation of a local option adopted under AS 04.11.491; alcoholic beverages 12 transported into the state and sold to persons not licensed under this chapter in 13 violation of AS 04.16.170(b); alcoholic beverages transported in violation of 14 AS 04.16.125; 15 (2) materials and equipment used in the manufacture, sale, offering for 16 sale, possession for sale, or barter or exchange of alcoholic beverages for goods and 17 services in this state in violation of AS 04.11.010; materials and equipment used in the 18 stocking, warehousing, or storage of alcoholic beverages in violation of AS 04.21.060; 19 materials and equipment used in the sale or offering for sale of an alcoholic beverage 20 in an area in violation of a local option adopted under AS 04.11.491; 21 (3) aircraft, vehicles, or vessels used to transport or facilitate the 22 transportation of 23 (A) alcoholic beverages manufactured, sold, offered for sale, 24 possessed for sale, or bartered or exchanged for goods and services in this state 25 in violation of AS 04.11.010; 26 (B) property stocked, warehoused, or otherwise stored in 27 violation of AS 04.21.060; 28 (C) alcoholic beverages imported into a municipality or 29 established village in violation of AS 04.11.499(a) [AS 04.11.499]; 30 (4) alcoholic beverages found on licensed premises that do not bear 31 federal excise stamps if excise stamps are required under federal law; 01 (5) alcoholic beverages, materials, or equipment used in violation of 02 AS 04.16.175; 03 (6) money, securities, negotiable instruments, or other things of value 04 used in financial transactions or items of value purchased from the proceeds derived 05 from activity prohibited under AS 04.11.010 or in violation of a local option adopted 06 under AS 04.11.491; 07 (7) a firearm used in furtherance of a violation of this title. 08  * Sec. 12. AS 04.16.220(i) is amended to read: 09 (i) Upon conviction for a violation of AS 04.11.010 or 04.11.499(a) 10 [04.11.499], if an aircraft, vehicle, or watercraft is subject to forfeiture under (a) of 11 this section, the court shall, subject to remission to innocent parties under this section, 12 (1) order the forfeiture of an aircraft to the state; 13 (2) order the forfeiture of a vehicle or watercraft if 14 (A) the defendant has a prior felony conviction for a violation 15 of AS 11.41 or a similar law in another jurisdiction; 16 (B) the defendant is on felony probation or parole; 17 (C) the defendant has a prior conviction for violating 18 AS 04.11.010 or 04.11.499(a) [04.11.499]; or 19 (D) the quantity of alcohol transported in violation of this title 20 was twice the presumptive amounts in AS 04.11.010(c). 21  * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 ALCOHOLIC BEVERAGE DELIVERY SITE PILOT PROJECT. (a) The Alcoholic 24 Beverage Control Board established by AS 04.06.010 shall, if requested by the local 25 governing body of Bethel, establish a site in Bethel and, if requested by the local governing 26 body of Kotzebue, establish a site in Kotzebue for delivery of alcoholic beverages. The 27 delivery sites shall be operated as sites designated under AS 04.11.491(f) are operated. Each 28 site shall, if established, begin operation on July 1, 2008, and shall continue in operation as 29 long as a local option under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2) is in effect in each 30 community. However, each site shall stop operation on June 30, 2011, regardless of whether a 31 local option is in effect in each community on that date. 01 (b) The delivery site established in Bethel under (a) of this section shall serve as the 02 delivery site under AS 04.11.494 for Bethel and shall be established after consultation with 03 public, private, and nonprofit agencies in Bethel. 04 (c) The delivery site established in Kotzebue under (a) of this section shall serve as 05 the delivery site under AS 04.11.494 for Kotzebue and shall be established after consultation 06 with public, private, and nonprofit agencies in Kotzebue.  07  * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 REVISOR'S INSTRUCTIONS. The revisor of statutes is instructed to change the 10 heading of AS 04.11.499 from "Prohibition of importation after election" to "Prohibition of 11 importation or purchase after election." 12  * Sec. 15. Section 13 of this Act is repealed. 13  * Sec. 16. Section 2 of this Act takes effect July 1, 2008. 14  * Sec. 17. Section 15 of this Act takes effect June 30, 2011. 15  * Sec. 18. Except as provided in secs. 16 and 17 of this Act, this Act takes effect 16 immediately under AS 01.10.070(c).