00                      CS FOR HOUSE BILL NO. 190(JUD)                                                                    
01 "An Act relating to the purchase of alcoholic beverages and to access to licensed                                       
02 premises; relating to civil liability for certain persons accessing licensed premises;                                  
03 requiring driver's licenses and identification cards to be marked if a person is restricted                             
04 from consuming alcoholic beverages as a result of a conviction or condition of probation                                
05 or parole."                                                                                                             
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 04.16 is amended by adding a new section to read:                                                  
08            Sec. 04.16.047. Access of persons with restricted privileges. (a) A person                                 
09       who is not privileged to purchase alcohol under AS 04.16.160 may not knowingly                                    
10       enter or remain in premises licensed under this title to obtain alcohol for personal                              
11       consumption.                                                                                                      
12            (b)  A licensee may bring a civil action against a person who violates this                                  
13       section if the violation occurs on the premises of that licensee. If judgment is entered                          

01       in favor of the licensee, the court shall award civil damages in the amount of $1,000                             
02       and award reasonable costs and reasonable attorney fees allowed under the Alaska                                  
03       Rules of Civil Procedure.                                                                                         
04    * Sec. 2. AS 04.16 is amended by adding a new section to read:                                                     
05            Sec. 04.16.160. Privilege to purchase alcoholic beverages. A person who is                                 
06       21 years of age or older has a privilege to purchase alcoholic beverages, unless the                              
07       person has been ordered to refrain from consuming alcoholic beverages as part of a                                
08       sentence for conviction of a crime under AS 28.35.030 or as a condition of probation                              
09       or parole. A person whose privilege to purchase alcohol has been restricted shall be                              
10       required to pay an enhanced fee to have a driver's license issued with the information                            
11       required under AS 28.15.111(a)(6).                                                                                
12    * Sec. 3. AS 04.21.050(b) is amended to read:                                                                      
13            (b)  Except as provided in AS 04.16.160, a [A] valid driver's license or a                               
14       valid identification card is acceptable as proof of age when used for identification in                           
15       the purchase of alcoholic beverages and for securing entry to and remaining on                                    
16       premises where alcoholic beverages are sold if the license or identification card is                              
17       made of or encased in plastic and contains a photograph of the licensee [LICENSE] or                          
18       card holder and a statement of age or date of birth.                                                              
19    * Sec. 4. AS 28.15.111(a) is amended to read:                                                                      
20            (a)  Upon successful completion of the application and all required                                          
21       examinations, and upon payment of the required fee, the department shall issue to                                 
22       every qualified applicant a driver's license indicating the type or general class of                              
23       vehicles that the licensee may drive. The license must [DISPLAY] (1) display a                                
24       distinguishing number assigned to the license; (2) display the licensee's full name,                          
25       address, date of birth, brief physical description, and color photograph; (3) display                         
26       either a facsimile of the signature of the licensee or a space upon which the licensee                            
27       must write the licensee's usual signature with pen and ink; (4) display a holographic                         
28       symbol intended to prevent illegal alteration or duplication; [AND] (5) display, for a                        
29       qualified applicant who is under [AGE] 21 years of age, the words "UNDER 21"; and                         
30       (6) be designed to allow the electronic reading and electronic display of the                                 
31       information described under (2) of this subsection and the electronic reading and                             

01       display and a physical display on the license of a statement of whether the                                   
02       person's privilege to purchase alcohol has been restricted under AS 04.16.160. A                              
03       license may not display the licensee's social security number and is not valid until                              
04       signed by the licensee. If facilities are not available for the taking of the photograph                          
05       required under this section, the department shall endorse on the license, the words                               
06       "valid without photograph."