CSHB 286(FIN): "An Act providing an exemption from gambling and certain alcoholic beverage laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining 'cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; providing an exemption from the coin-operated device tax for cruise ships exempted from the gambling laws; and providing for an effective date."
00CS FOR HOUSE BILL NO. 286(FIN) 01 "An Act providing an exemption from gambling and certain alcoholic beverage 02 laws for gambling conducted by cruise ships for their ticketed passengers in the 03 offshore water of the state; relating to promotions on board cruise ships; defining 04 'cruise ship'; providing for exemption procedures for certain cruise ships before 05 they can conduct gambling in the offshore water of the state; providing an 06 exemption from the coin-operated device tax for cruise ships exempted from the 07 gambling laws; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 04.16.175 is amended by adding a new subsection to read: 10 (c) This section does not apply to an agent or employee of a cruise ship 11 authorized to conduct gambling activities under AS 05.15.250 and AS 11.66.275. 12 * Sec. 2. AS 05.15.180(a) is amended to read: 13 (a) Except as provided in AS 05.15.100(b) and 05.15.250, this chapter does 14 not authorize the use of playing cards, dice, roulette wheels, coin-operated instruments
01 or machines, or other objects or instruments used, designed, or intended primarily for 02 gaming or gambling or any other method or implement not expressly authorized by the 03 department. 04 * Sec. 3. AS 05.15 is amended by adding a new section to read: 05 ARTICLE 2A. CRUISE SHIP EXEMPTION. 06 Sec. 05.15.250. EXEMPTION OF CRUISE SHIPS. (a) Notwithstanding 07 AS 05.15.180(a), a cruise ship may conduct gambling as permitted under AS 11.66.275 08 in the offshore water of the state if 09 (1) the operator of the cruise ship annually applies on a date set by the 10 department on a form provided by the department; 11 (2) the operator of the cruise ship agrees to comply with AS 45.50.474; 12 and 13 (3) the operator pays the annual exemption fee required under (b) of 14 this section. 15 (b) The exemption fee for a cruise ship to conduct gambling under (a) of this 16 section is for cruise ships with a capacity of 17 (1) 500 or fewer passengers. . . . . . . . . . . . . . . . . . . . . . . $10,000; 18 (2) 501 - 999 passengers . . . . . . . . . . . . . . . . . . . . . . . . $20,000; 19 (3) 1000 - 1999 passengers . . . . . . . . . . . . . . . . . . . . . . . $30,000; 20 (4) 2,000 passengers or more . . . . . . . . . . . . . . . . . . . . . . $40,000. 21 (c) The department shall revoke the exemption of a cruise ship that becomes 22 ineligible to hold an exemption under this section, provides false information in an 23 application for an exemption, violates an order issued under AS 05.15.680 or conducts 24 gambling in violation of the provisions of AS 11.66.275. When revoking an 25 exemption under this subsection, the department may bar a cruise ship from obtaining 26 an exemption under this section in the future or for a specified number of years in the 27 future. 28 (d) Except for AS 05.15.610, 05.15.680, and 05.15.690, other provisions of this 29 chapter do not apply to gambling on a cruise ship. 30 (e) In this section, 31 (1) "cruise ship" means a ship that operates at least 120 days a year
01 anywhere in the world, provides cruises of at least 72 hours in length for ticketed 02 passengers, provides on board the ship overnight accommodations for at least 300 03 passengers, is operated by an authorized cruise ship operator, and is certified under 04 the International Convention for the Safety of Life at Sea or otherwise certified by the 05 United States Coast Guard; 06 (2) "offshore water of the state" has the meaning given in 07 AS 11.66.275. 08 * Sec. 4. AS 05.15.680(b) is amended to read: 09 (b) A person who, with the intent to mislead a public servant in the 10 performance of the public servant's duty, submits a false statement in an application 11 for a permit, license, exemption, or vendor registration under this chapter is guilty of 12 unsworn falsification. 13 * Sec. 5. AS 11.66 is amended by adding a new section to read: 14 Sec. 11.66.275. CRUISE SHIP EXEMPTION. (a) The provisions of 15 AS 11.66.200 - 11.66.280 do not apply to gambling conducted by a cruise ship for its 16 ticketed passengers in the offshore water of the state if 17 (1) the cruise ship is exempt under AS 05.15.250; 18 (2) the cruise ship does not conduct gambling in, or within three miles 19 of, a state port visited by the cruise ship; 20 (3) the gambling is ancillary to the cruise and the cruise has as its main 21 purpose scenic cruising and port visits at maritime communities in the state; and 22 (4) the cruise ship operates under an itinerary that either originates or 23 terminates in a port outside the state. 24 (b) In this section, 25 (1) "cruise ship" means a ship that operates at least 120 days a year 26 anywhere in the world, provides cruises of at least 72 hours in length for ticketed 27 passengers, provides on board the ship overnight accommodations for at least 300 28 passengers, is operated by an authorized cruise ship operator, and is certified under 29 the International Convention for the Safety of Life at Sea or otherwise certified by the 30 United States Coast Guard; 31 (2) "offshore water of the state" means the marine water over which
01 the state has jurisdiction. 02 * Sec. 6. AS 43.35.010 is amended by adding a new subsection to read: 03 (d) The tax imposed by this section does not apply to a coin-operated device 04 on board a cruise ship for a tax period during which the cruise ship is authorized to 05 conduct gambling activities under AS 05.15.250 and AS 11.66.275. 06 * Sec. 7. AS 45.50.474 is amended to read: 07 Sec. 45.50.474. REQUIRED DISCLOSURES IN PROMOTIONS ON BOARD 08 CRUISE SHIPS. A person may not conduct a promotion on board a cruise ship that 09 mentions or features a business in a state port that has paid something of value for the 10 purpose of having the business mentioned or featured, unless the person conducting 11 the promotion clearly and fully discloses orally and in all written materials used in the 12 promotion that the featured businesses have paid to be included in the promotion. 13 This prohibition does not apply to on-shore excursions that are sold on board a 14 cruise ship. A violation of this section constitutes an unfair trade practice under 15 AS 45.50.471. In this section, "cruise ship" means a ship that operates at least 120 16 days a year anywhere in the world, provides cruises of at least 72 hours in length for 17 ticketed passengers, provides overnight accommodations and meals for those 18 passengers, is operated by an authorized cruise ship operator, and is certified under the 19 International Convention for the Safety of Life at Sea or otherwise certified by the 20 United States Coast Guard. 21 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).