HB 132: "An Act relating to the possession or distribution of alcohol in a local option area; requiring liquor license applicants to submit fingerprints for the purpose of conducting a criminal history background check, and relating to the use of criminal justice information by the Alcoholic Beverage Control Board; providing for a review of alcohol server education courses by the Alcoholic Beverage Control Board every two years; and providing for an effective date."
00 HOUSE BILL NO. 132 01 "An Act relating to the possession or distribution of alcohol in a local option area; 02 requiring liquor license applicants to submit fingerprints for the purpose of conducting 03 a criminal history background check, and relating to the use of criminal justice 04 information by the Alcoholic Beverage Control Board; providing for a review of alcohol 05 server education courses by the Alcoholic Beverage Control Board every two years; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 04.11.010(c) is amended to read: 09 (c) In a criminal prosecution for possession of alcoholic beverages for sale in 10 violation of (a) of this section, the fact that a person possessed more than six [12] liters 11 of distilled spirits, 12 [24] liters or more of wine, or six [12] gallons or more of malt 12 beverages in an area where the sale of alcoholic beverages is restricted or prohibited 13 under AS 04.11.491 creates a presumption that the person possessed the alcoholic
01 beverages for sale. 02 * Sec. 2. AS 04.11.150(g) is amended to read: 03 (g) If a shipment is to an area that has restricted the sale of alcoholic 04 beverages under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), a package store 05 licensee, agent, or employee may not ship to a purchaser more than six [12] liters of 06 distilled spirits, 12 [24] liters or more of wine, or six [12] gallons or more of malt 07 beverages in a calendar month. 08 * Sec. 3. AS 04.11.150 is amended by adding a new subsection to read: 09 (l) If the business premises of a package store licensee are located within 50 10 air miles of the boundary of a municipality or the perimeter of an established village 11 that has adopted a local option under AS 04.11.491, the licensee shall verify the 12 identity of the purchaser by checking a government-issued identification card that 13 contains a photograph and shall keep a written record of each purchase that is more 14 than six liters of distilled spirits, 12 liters or more of wine, or six gallons or more of 15 malt beverages. The record required under this subsection must be kept for at least 16 one year and include the name and address of the person making the purchase. The 17 licensee shall make the records available for inspection during regular business hours 18 by peace officers and by persons charged with the enforcement of this title. A person 19 who violates this subsection is guilty of a violation. A licensee without a culpable 20 mental state whose employee or agent violates this subsection is guilty of a violation. 21 The court shall forward a copy of the judgment for each person or licensee convicted 22 under this subsection to the board. 23 * Sec. 4. AS 04.11 is amended by adding a new section to read: 24 Sec. 04.11.295. Criminal justice information and records. (a) An 25 applicant for the issuance or transfer of a license under this title shall submit to the 26 board, with the application, the applicant's fingerprints and the fees required by the 27 Department of Public Safety for criminal justice information and a national criminal 28 history record check. The board may require an applicant for renewal of a license 29 under this title to submit fingerprints and pay fees as required by this subsection. The 30 board shall submit the fingerprints to the Department of Public Safety to obtain a 31 report of criminal justice information under AS 12.62 and a national criminal history
01 record check. The Department of Public Safety may submit the fingerprints to the 02 Federal Bureau of Investigation for a national criminal history record check. The 03 board shall use the information obtained under this section in its determination of an 04 applicant's qualification for issuance, transfer, or renewal of a license. 05 (b) In this section, 06 (1) "applicant" means all individuals whose names and addresses are 07 required to be provided with an application for a new license under AS 04.11.260; 08 (2) "criminal justice information" has the meaning given in 09 AS 12.62.900. 10 * Sec. 5. AS 04.11.508(a) is amended to read: 11 (a) Except as provided under (b) and (c) of this section, for purposes of 12 AS 04.11.150(l), 04.11.491 [AS 04.11.491], 04.11.497, and 04.11.503, the perimeter 13 of an established village is a circle around the established village that includes an area 14 within a five-mile radius of the post office of the established village. If the established 15 village does not have a post office, the perimeter of an established village is a circle 16 around the established village that includes an area within a five-mile radius of another 17 site selected by the local governing body or by the board if the established village does 18 not have a local governing body. 19 * Sec. 6. AS 04.16.180(a) is amended to read: 20 (a) Except as provided in AS 04.11.015, 04.11.150(l), AS 04.16.025, 21 04.16.050(b) [AS 04.16.050(b)], 04.16.051, 04.16.200 - 04.16.210, and AS 04.21.065, 22 a person who violates a provision of this title or a regulation adopted by the board is 23 guilty, upon conviction, of a class A misdemeanor. Each violation is a separate 24 offense. 25 * Sec. 7. AS 04.16.200(e) is amended to read: 26 (e) A person who sends, transports, or brings alcoholic beverages into a 27 municipality or established village in violation of AS 04.11.499 is, upon conviction, 28 (1) guilty of a class A misdemeanor if the quantity imported is less 29 than six [12] liters of distilled spirits, 12 [24] liters of wine, or six [12] gallons of malt 30 beverages; or 31 (2) guilty of a class C felony if the quantity imported is six [12] liters
01 or more of distilled spirits, 12 [24] liters or more of wine, or six [12] gallons or more 02 of malt beverages. 03 * Sec. 8. AS 04.21.025(d) is amended to read: 04 (d) The board shall review an approved alcohol server education course at 05 least once every two [THREE] years. 06 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 TRANSITION: PENDING APPLICATIONS. Notwithstanding the requirements of 09 AS 04.11.295, enacted by sec. 4 of this Act, the Alcoholic Beverage Control Board may 10 process an application for issuance or transfer of a license under AS 04 without a national 11 criminal history record check from the Federal Bureau of Investigation if that application was 12 pending with the board on the effective date of this Act. 13 * Sec. 10. This Act takes effect immediately under AS 01.10.070(c).