00 CS FOR SENATE BILL NO. 16(L&C) 01 "An Act relating to certain alcoholic beverage licenses and permits; relating to the bond 02 requirement for certain alcoholic beverage license holders; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 04.11.080 is amended to read: 06 Sec. 04.11.080. Types of licenses and permits. Licenses and permits issued 07 under this title are as follows: 08 (1) beverage dispensary license; 09 (2) duplicate beverage dispensary license for additional rooms; 10 (3) restaurant or eating place license; 11 (4) club license; 12 (5) bottling works license; 13 (6) brewery license; 14 (7) package store license; 01 (8) general wholesale license; 02 (9) wholesale malt beverage and wine license; 03 (10) distillery license; 04 (11) common carrier dispensary license; 05 (12) retail stock sale license; 06 (13) recreational site license; 07 (14) pub license; 08 (15) winery license; 09 (16) caterer's permit; 10 (17) special events permit; 11 (18) conditional contractor's permit; 12 (19) brewpub license; 13 (20) golf course license; 14 (21) outdoor recreation lodge license; 15 (22) destination resort license;  16 (23) performing arts theater license;  17 (24) fair license;  18 (25) concert permit. 19  * Sec. 2. AS 04.11 is amended by adding a new section to read: 20 Sec. 04.11.205. Performing arts theater license. (a) A performing arts theater 21 license authorizes the holder of a beverage dispensary license to sell alcoholic 22 beverages and the holder of a restaurant or eating place license to sell beer and wine 23 at multiple noncontiguous locations at a specified performing arts theater site for 24 consumption on the licensed premises. 25 (b) The biennial performing arts theater license fee is $1,250. 26 (c) The holder of a performing arts theater license may not sell or serve 27 alcoholic beverages as provided under the license during an event that is expected to 28 attract an audience predominantly composed of attendees under 21 years of age. 29 (d) The holder of a performing arts theater license may sell or serve alcoholic 30 beverages as provided under the license only 31 (1) in designated areas on the licensed premises; and 01 (2) for a period beginning two hours before the event until one hour 02 after the event. 03 (e) The holder of a performing arts theater license shall post the license 04 conspicuously in the performing arts theater during times when alcoholic beverages 05 are sold. 06 (f) The board may not approve an application for the transfer of a performing 07 arts theater license to another location. 08 (g) An application for a performing arts theater license must clearly identify 09 designated areas for the sale and consumption of alcoholic beverages, which may 10 include portions of the audience viewing area at the performing arts theater site. The 11 board may approve an application for a performing arts theater license only if the 12 application is approved by the local governing body of the municipality in which the 13 performing arts theater site is located or, for a performing arts theater site outside a 14 municipality, approved by the law enforcement agency that has jurisdiction over the 15 performing arts theater site. 16 (h) In this section, "performing arts theater" means a location where events are 17 presented by live performers on a stage, such as plays, operas, orchestra concerts, 18 readings, and similar activities as determined by the board. 19  * Sec. 3. AS 04.11.210(a) is amended to read: 20 (a) The holder of a recreational site license may sell beer and wine at a 21 recreational site during and one hour before and after a recreational activity [EVENT] 22 that is not a school event, for consumption on designated areas at the site. 23  * Sec. 4. AS 04.11.210(c) is amended to read: 24 (c) In this section, "recreational site" includes a location where sporting  25 activities such as baseball games, car races, hockey games, dog sled racing, skiing or  26 snowboarding [EVENTS], or curling matches [ARE] regularly take place [HELD] 27 during a season. 28  * Sec. 5. AS 04.11 is amended by adding a new section to read: 29 Sec. 04.11.215. Fair license. (a) A fair license authorizes the holder to sell 30 beer and wine at multiple noncontiguous locations at fairs and other events held on 31 fairgrounds for consumption on licensed premises. 01 (b) The biennial fair license fee is $800. 02 (c) The board may issue a fair license only to a nonprofit organization that is 03 incorporated under AS 10.20 and has been active for a period of at least 10 years 04 before filing an application for a fair license. 05 (d) In this section, "fair" means an annual gathering of residents of all or a 06 portion of the state that offers competitive exhibitions of livestock and agricultural 07 crops, carnival amusement rides and games, displays of arts and crafts, or outdoor 08 entertainment. 09  * Sec. 6. AS 04.11 is amended by adding a new section to read: 10 Sec. 04.11.235. Concert permit. (a) A concert permit authorizes the holder of 11 a recreational site license to sell or dispense beer and wine for consumption on the 12 licensed premises of the recreational site during a period beginning one hour before 13 and concluding at the end of a concert or similar entertainment event with a performer 14 and an audience. 15 (b) A concert permit may not be transferred or renewed. 16 (c) The fee for a concert permit is $50 and must accompany the application for 17 the concert permit. 18  * Sec. 7. AS 04.11.330(d) is amended to read: 19 (d) Notwithstanding (a)(3) of this section, a performing arts theater license  20 issued under AS 04.11.205 and a recreational site license issued under AS 04.11.210 21 may be renewed if the license was exercised at least once during each of the two 22 preceding calendar years. 23  * Sec. 8. AS 04.11.400(a) is amended to read: 24 (a) Except as provided in (d) - (k) and (o) of this section, a new license may 25 not be issued and the board may prohibit relocation of an existing license 26 (1) outside an established village, incorporated city, unified 27 municipality, or organized borough if, after the issuance or relocation, there would be 28 (A) more than one restaurant or eating place license for each 1,500 population or 29 fraction of that population, or (B) more than one license of each other type, including 30 licenses that have been issued under (d) or (e) of this section, for each 3,000 31 population or fraction of that population, in a radius of five miles of the licensed 01 premises, excluding the populations of established villages, incorporated cities, unified 02 municipalities, and organized boroughs that are wholly or partly included within the 03 radius; 04 (2) inside an established village, incorporated city, or unified 05 municipality if, after the issuance or relocation, there would be inside the established 06 village, incorporated city, or unified municipality 07 (A) more than one restaurant or eating place license for each 08 1,500 population or fraction of that population; or 09 (B) more than one license of each other type, including licenses 10 that have been issued under (d) or (e) of this section, for each 3,000 population 11 or fraction of that population; 12 (3) inside an organized borough but outside an established village or 13 incorporated city located within the borough if, after the issuance or relocation, there 14 would be inside the borough, but outside the established villages and incorporated 15 cities located within the borough, 16 (A) more than one restaurant or eating place license for each 17 1,500 population or fraction of that population; or 18 (B) more than one license of each other type, including licenses 19 that have been issued under (d) or (e) of this section, for each 3,000 population 20 or fraction of that population excluding the population of those established 21 villages that have adopted a local option under AS 04.11.491(b)(1), (3), or (4), 22 and excluding the population of incorporated cities located within the 23 organized borough. 24  * Sec. 9. AS 04.11.400 is amended by adding a new subsection to read: 25 (o) The board may approve the issuance and renewal of only one fair license 26 under AS 04.11.215 in each borough. 27  * Sec. 10. AS 04.21.065(a) is amended to read: 28 (a) A holder of one of the following types of licenses or permits shall post on 29 the licensed or designated premises three separate warning signs as described in (b) of 30 this section: 31 (1) beverage dispensary license; 01 (2) restaurant or eating place license; 02 (3) club license; 03 (4) brewery license; this paragraph applies only to a brewery that 04 permits a person to sample portions of the brewery's product; 05 (5) package store license; 06 (6) common carrier dispensary license; 07 (7) recreational site license; 08 (8) pub license; 09 (9) winery license; this paragraph applies only to a winery that permits 10 a person to sample portions of the winery's product; 11 (10) distillery license; this paragraph applies only to a distillery that 12 permits a person to sample portions of the distillery's product; 13 (11) caterer's permit; 14 (12) special events permit; 15 (13) conditional contractor's permit; 16 (14) performing arts theater license;  17 (15) fair license;  18 (16) concert permit;  19 (17) another license or permit issued by the board authorizing 20 consumption of alcoholic beverages. 21  * Sec. 11. AS 43.60.040(a) is amended to read: 22 (a) Each brewer, distiller, bottler, jobber, wholesaler, or manufacturer is 23 primarily liable for the payment of the excise taxes on alcoholic beverages sold, and,  24 except as provided under (i) of this section, shall furnish a good and sufficient 25 surety bond of $25,000 payable to the department and approved by the Department of 26 Law. If a wholesaler fails to pay the tax to the state, the wholesaler forfeits the bond 27 and the wholesaler's license shall be revoked. The department, in its discretion, may 28 issue permits in place of bonds to resident holders of wholesale, malt beverage, and 29 wine licenses doing business wholly in the state who pay the tax before shipment. 30  * Sec. 12. AS 43.60.040(b) is amended to read: 31 (b) Upon receipt of the bond and its subsequent approval, the department shall 01 issue a license certificate authorizing the brewer, distiller, bottler, jobber, wholesaler, 02 or manufacturer, liable for the payment of the tax, to sell alcoholic beverages in the 03 state or to consign shipments of alcoholic beverages to the state. Except as provided  04 under (i) of this section, it [IT] is unlawful for a brewer, distiller, bottler, jobber, 05 wholesaler, or manufacturer to sell alcoholic beverages in the state or to consign 06 shipments of alcoholic beverages into the state without first furnishing the required 07 bond and obtaining the license certificate or permit from the department. The license 08 certificate does not constitute permission to sell alcoholic beverages in the state or to 09 consign them to the state without having complied with other requirements of state or 10 federal law. 11  * Sec. 13. AS 43.60.040 is amended by adding a new subsection to read: 12 (i) The department may not require a brewer, distiller, bottler, jobber, 13 wholesaler, or manufacturer who has timely filed monthly tax returns and paid 14 monthly taxes to the department over the most recent three consecutive calendar years 15 to maintain a bond if the brewer, distiller, bottler, jobber, wholesaler, or manufacturer 16 remains in compliance with AS 43.60. The department shall notify the brewer, 17 distiller, bottler, jobber, wholesaler, or manufacturer of any noncompliance that 18 requires the brewer, distiller, bottler, jobber, wholesaler, or manufacturer to file a bond 19 under (a) of this section after three years. The brewer, distiller, bottler, jobber, 20 wholesaler, or manufacturer shall, within 30 days after receiving a notice of 21 noncompliance, file with the department a bond under (a) of this section. 22  * Sec. 14. This Act takes effect immediately under AS 01.10.070(c).