SCS CSHB 240(FIN): "An Act relating to brewery and brewpub licensing and relating to sales of wine by a winery licensee."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 240(FIN) 01 "An Act relating to brewery and brewpub licensing and relating to sales of wine by a 02 winery licensee." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 04.11.130(b) is amended to read: 05 (b) The holder of a brewery license may sell beer in quantities of 06 (1) not more [LESS] than five gallons a day to an individual who is 07 present on the licensed premises for consumption off the premises; 08 (2) more than five gallons a day to a person who is licensed under this 09 title, or in another state or country. 10 * Sec. 2. AS 04.11.130 is amended by adding a new subsection to read: 11 (e) Unless prohibited by AS 04.16.030, a holder of a brewery license may sell 12 not more than 36 ounces a day of the brewery's product to a person for consumption 13 on the premises if 14 (1) the brewery does not allow live entertainment, televisions, pool
01 tables, dart games, dancing, electronic or other games, game tables, or other 02 recreational or gaming opportunities on the premises where the consumption occurs; 03 (2) the brewery does not provide seats at the counter or bar where the 04 product is served; and 05 (3) the room where the consumption occurs is not open before 9:00 06 a.m. and serving of the product ends not later than 8:00 p.m. 07 * Sec. 3. AS 04.11.135(a) is amended to read: 08 (a) A brewpub license authorizes the holder of a beverage dispensary license 09 to 10 (1) manufacture on premises licensed under the beverage dispensary 11 license not more than 465,000 [150,000] gallons of beer in a calendar year; 12 (2) sell beer manufactured on premises licensed under the beverage 13 dispensary license for consumption on the licensed premises or other licensed 14 premises of the beverage dispensary licensee that are also licensed as a beverage 15 dispensary; 16 (3) sell beer manufactured on the premises licensed under the beverage 17 dispensary license in quantities of not more than five gallons a [PER] day to an 18 individual who is present on the licensed premises for consumption off the premises; 19 (4) provide a small sample of the brewpub's beer manufactured on the 20 premises free of charge unless prohibited by AS 04.16.030; [AND] 21 (5) sell beer manufactured on the premises licensed under the beverage 22 dispensary license to a person licensed as a wholesaler under AS 04.11.160; sales 23 under this paragraph may not exceed 37,200 gallons in a calendar year, including 24 sales under (6) of this subsection; and 25 (6) sell not more than 6,200 gallons in a calendar year of beer 26 manufactured on the premises to a person who is licensed under this title, or in 27 another state or country, if the premises licensed under the beverage dispensary 28 license are located in a community with a population of 75,000 or more [15,000 29 GALLONS OR THE AMOUNT SOLD UNDER THIS PARAGRAPH IN 30 CALENDAR YEAR 2001, PLUS 10 PERCENT, WHICHEVER AMOUNT IS 31 GREATER].
01 * Sec. 4. AS 04.11.135(d) is amended to read: 02 (d) Notwithstanding (a) of this section, the holder of a brewpub license who, 03 under the provisions of AS 04.11.450(b), formerly held a brewery license and a 04 restaurant or eating place license and who, under the former brewery license, 05 manufactured beer at a location other than the premises licensed under the former 06 restaurant or eating place license may 07 (1) manufacture not more than 465,000 [150,000] gallons of beer in a 08 calendar year on premises other than the premises licensed under the beverage 09 dispensary license; 10 (2) provide a small sample of the manufactured beer free of charge at 11 the location the beer is manufactured unless prohibited by AS 04.16.030; and 12 (3) sell the beer authorized to be manufactured under this subsection 13 (A) on the premises licensed under the beverage dispensary 14 license or other licensed premises of the beverage dispensary licensee that are 15 also licensed as a beverage dispensary; 16 (B) to a wholesaler licensed under AS 04.11.160; sales under 17 this subparagraph may not exceed 37,200 gallons in a calendar year, 18 including sales under (D) of this paragraph; [15,000 GALLONS OR THE 19 AMOUNT SOLD UNDER THIS SUBPARAGRAPH IN CALENDAR YEAR 20 2001, PLUS 10 PERCENT, WHICHEVER AMOUNT IS GREATER; OR] 21 (C) to an individual who is present on the premises described 22 under (A) of this paragraph, or where the beer is manufactured, in quantities of 23 not more than five gallons a [PER] day for consumption off the premises; 24 and 25 (D) to a person licensed under this title, or in another state 26 or country, if the premises where the beer is manufactured are located in 27 a community with a population of 75,000 or more; sales under this 28 subparagraph may not exceed 6,200 gallons in a calendar year. 29 * Sec. 5. AS 04.11.135(e) is amended to read: 30 (e) Notwithstanding (a) of this section, a brewpub license authorizes the 31 holder of a restaurant or eating place license to (1) manufacture on premises licensed
01 under the restaurant or eating place license not more than 465,000 [150,000] gallons of 02 beer in a calendar year; (2) sell beer manufactured on premises licensed under the 03 restaurant or eating place license for consumption on the licensed premises; (3) sell 04 beer manufactured on the premises licensed under the restaurant or eating place 05 license in quantities of not more than five gallons a [PER] day for consumption off 06 the premises to an individual who is present on the licensed premises; and (4) provide 07 a small sample of the brewpub's beer manufactured on the premises free of charge 08 unless prohibited by AS 04.16.030. A person who holds a brewpub license under this 09 subsection may not hold more than one brewpub license. 10 * Sec. 6. AS 04.11.140(b) is amended to read: 11 (b) The holder of a winery license may sell wine in quantities of 12 (1) not more [LESS] than five gallons to an individual who is present 13 on the licensed premises; 14 (2) more than five gallons to a person who is licensed under this title, 15 or in another state or country.