CSHB 132(L&C): "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 CS FOR HOUSE BILL NO. 132(L&C) 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, 24 liters or more of wine, or 12 gallons or more of malt beverages 12 in an area where the sale of alcoholic beverages is restricted or prohibited under 13 AS 04.11.491 creates a presumption that the person possessed the alcoholic beverages
01 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, 24 liters or more of wine, or 12 gallons or more of malt beverages in a 07 calendar month. 08 * Sec. 3. AS 04.11 is amended by adding a new section to read: 09 Sec. 04.11.295. Criminal justice information and records. (a) An 10 applicant for the issuance or transfer of a license under this title shall submit to the 11 board, with the application, the applicant's fingerprints and the fees required by the 12 Department of Public Safety for criminal justice information and a national criminal 13 history record check. The board may require an applicant for renewal of a license 14 under this title to submit fingerprints and pay fees as required by this subsection. The 15 board shall submit the fingerprints to the Department of Public Safety to obtain a 16 report of criminal justice information under AS 12.62 and a national criminal history 17 record check. The Department of Public Safety may submit the fingerprints to the 18 Federal Bureau of Investigation for a national criminal history record check. The 19 board shall use the information obtained under this section in its determination of an 20 applicant's qualification for issuance, transfer, or renewal of a license. 21 (b) In this section, 22 (1) "applicant" means all individuals whose names and addresses are 23 required to be provided with an application for a new license under AS 04.11.260; 24 (2) "criminal justice information" has the meaning given in 25 AS 12.62.900. 26 * Sec. 4. AS 04.16.200(e) is amended to read: 27 (e) A person who sends, transports, or brings alcoholic beverages into a 28 municipality or established village in violation of AS 04.11.499 is, upon conviction, 29 (1) guilty of a class A misdemeanor if the quantity imported is less 30 than six [12] liters of distilled spirits, 24 liters of wine, or 12 gallons of malt 31 beverages; or
01 (2) guilty of a class C felony if the quantity imported is six [12] liters 02 or more of distilled spirits, 24 liters or more of wine, or 12 gallons or more of malt 03 beverages. 04 * Sec. 5. AS 04.21.025(d) is amended to read: 05 (d) The board shall review an approved alcohol server education course at 06 least once every two [THREE] years. 07 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION: PENDING APPLICATIONS. Notwithstanding the requirements of 10 AS 04.11.295, enacted by sec. 3 of this Act, the Alcoholic Beverage Control Board may 11 process an application for issuance or transfer of a license under AS 04 without a national 12 criminal history record check from the Federal Bureau of Investigation if that application was 13 pending with the board on the effective date of this Act. 14 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).