SCS CSHB 372(JUD) AM S: "An Act relating to a restaurant or eating place license; relating to the Alcoholic Beverage Control Board; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 372(JUD) am S 01 "An Act relating to a restaurant or eating place license; relating to the 02 Alcoholic Beverage Control Board; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 04.11.100(f) is amended to read: 05 (f) Notwithstanding the provisions of (b) [AND (e)] of this section, upon 06 written application and approval of the local governing body, the board may renew 07 [ISSUE OR REISSUE] a restaurant or eating place license and exempt the licensee 08 from the requirements of (b) [AND (e)] of this section if the license was issued under 09 the provisions of this subsection before the effective date of this Act. [A 10 LICENSEE EXEMPT AS PROVIDED IN THIS SUBSECTION SHALL PROVIDE 11 FOOD ITEMS FOR SALE ON THE PREMISES AS SHOWN ON A MENU 12 APPROVED BY THE BOARD AND AVAILABLE TO PATRONS.] The board may 13 not 14 (1) renew [ISSUE OR REISSUE] a license as provided under this
01 subsection if 02 (A) the renewal [ISSUANCE OR REISSUANCE] would result 03 in more than one exempt restaurant or eating place license for every 10 04 restaurant or eating place licenses allowed under the provisions of 05 AS 04.11.400(a)(2) or (3); 06 (B) the premises would be located in a building having a public 07 entrance within 200 feet of the boundary line of a school or a church building 08 in which religious services are being regularly conducted; for purposes of this 09 subparagraph, the 200-foot prohibition is measured from the outer boundary 10 line of the school or the public entrance of the church building by the shortest 11 pedestrian route to the nearest public entrance of the restaurant or eating place; 12 or 13 (2) [REISSUE A RESTAURANT OR EATING PLACE LICENSE 14 AS EXEMPT AS PROVIDED UNDER THE PROVISIONS OF THIS SUBSECTION 15 IF THE LICENSE WAS ISSUED UNDER THE PROVISIONS OF AS 04.11.400(g); 16 OR 17 (3)] transfer an exempt license issued under this subsection to another 18 person. 19 * Sec. 2. AS 04.11.100 is amended by adding a new subsection to read: 20 (g) A restaurant or eating place licensee 21 (1) operating under a license issued under (f) of this section shall offer 22 a full-service menu of food items available to the public during all times that beer or 23 wine is served or consumed; the menu must be approved by the board; 24 (2) may only provide entertainment on the licensed premises between 25 the hours of 3:00 p.m. and 11:00 p.m. unless approved by the director after written 26 request by the licensee for a specific occasion; in this paragraph, "entertainment" 27 includes dancing, karaoke, live performances, or similar activities, but does not include 28 recorded or broadcast performances without live participation. 29 * Sec. 3. AS 04.11.135(a) is amended to read: 30 (a) A brewpub license authorizes the holder of a beverage dispensary license 31 to
01 (1) manufacture on premises licensed under the beverage dispensary 02 license not more than 75,000 gallons of beer in a calendar year; [AND] 03 (2) sell beer manufactured on premises licensed under the beverage 04 dispensary license for consumption only on the licensed premises; 05 (3) sell beer manufactured on the premises licensed under the 06 beverage dispensary license in quantities of not more than five gallons per day to 07 an individual who is present on the licensed premises; and 08 (4) provide a small sample of the brewpub's beer manufactured on 09 the premises free of charge unless prohibited by AS 04.16.030. 10 * Sec. 4. AS 04.11.450(b) is amended to read: 11 (b) A person who is a representative or owner of a wholesale business, 12 brewery, winery, bottling works, or distillery may not be issued, solely or together with 13 others, a beverage dispensary license, a restaurant or eating place license, or package 14 store license. A holder of a beverage dispensary license may be issued a brewpub 15 license, subject to the provisions of AS 04.11.135. The prohibition against issuance 16 of a restaurant or eating place license imposed under this subsection does not 17 apply to a restaurant or eating place license issued on or before the effective date 18 of this Act or a restaurant or eating place license issued under an application for 19 a restaurant or eating place license approved on or before the effective date of 20 this Act. 21 * Sec. 5. REQUIRED HEARING. The Alcoholic Beverage Control Board shall hold a 22 public hearing on or before January 1, 1997, for the purpose of discussing the alcoholic 23 beverage licenses currently being issued by the board and the interrelationship between those 24 licenses. 25 * Sec. 6. This Act takes effect October 1, 1996.