HB 91: "An Act relating to limitations on possessing, sending, shipping, transporting, or bringing alcoholic beverages to a local option area and to penalties for violations of those limitations; relating to probation for minor consuming or in possession or control of alcoholic beverages; relating to civil fines for liquor licensees whose agents or employees furnish alcoholic beverages to a person under 21 years of age; and providing for an effective date."
00 HOUSE BILL NO. 91 01 "An Act relating to limitations on possessing, sending, shipping, transporting, or 02 bringing alcoholic beverages to a local option area and to penalties for violations of those 03 limitations; relating to probation for minor consuming or in possession or control of 04 alcoholic beverages; relating to civil fines for liquor licensees whose agents or employees 05 furnish alcoholic beverages to a person under 21 years of age; and providing for an 06 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) Unless a municipality or established village has adopted a more restrictive 10 local option under AS 04.11.491(g), in a criminal prosecution for possession of 11 alcoholic beverages for sale in violation of (a) of this section, the fact that a person 12 (1) possessed more than three [10 1/2] liters of distilled spirits, 12 [24] 13 liters or more of wine, or six [12] gallons or more of malt beverages in an area where
01 the sale of alcoholic beverages is restricted or prohibited under AS 04.11.491 creates a 02 presumption that the person possessed the alcoholic beverages for sale; 03 (2) sends, transports, or brings more than three [10 1/2] liters of 04 distilled spirits, 12 [24] liters or more of wine, or six [12] gallons or more of malt 05 beverages to an area where the sale of alcoholic beverages is restricted or prohibited 06 under AS 04.11.491 creates a presumption that the person sent, transported, or brought 07 the alcoholic beverages for sale in the area. 08 * Sec. 2. AS 04.11.150(g) is amended to read: 09 (g) If a shipment is to an area that has restricted the sale of alcoholic 10 beverages under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), a package store 11 licensee, agent, or employee may not ship to a purchaser more than three [10 AND 12 ONE-HALF] liters of distilled spirits, 12 [24] liters or more of wine, or six [12] 13 gallons or more of malt beverages in a calendar month, or a lower amount of distilled 14 spirits, wine, or malt beverages if the municipality or established village has adopted 15 the lower amount by local option under AS 04.11.491(g). Before shipping alcohol to a 16 purchaser in a restricted area, a package store licensee, agent, or employee shall 17 consult the database maintained by the board under AS 04.06.095 for any alcoholic 18 beverage shipments made to the purchaser during that calendar month by a package 19 store licensee, agent, or employee. A package store licensee, agent, or employee may 20 not ship an amount of alcoholic beverages to a purchaser in a restricted area that, when 21 added to the amount already shipped, exceeds the amount authorized by this 22 subsection. A package store licensee, agent, or employee shall immediately enter into 23 the database the date and the amount of alcoholic beverages shipped to the purchaser. 24 Failure to enter into the database the date and amount of alcoholic beverages shipped 25 to the purchaser as required by this subsection is a class B misdemeanor. 26 * Sec. 3. AS 04.11.575 is amended by adding new subsections to read: 27 (d) If an agent or employee of a licensee is convicted of a violation of 28 AS 04.16.052(a)(5) occurring on the licensed premises of the licensee, the board shall, 29 for a first conviction, in addition to other penalties imposed by law, issue a warning to 30 the licensee. The warning shall include a description of civil fines for second and 31 subsequent convictions. The board shall impose a civil fine of $1,000 on the licensee
01 for the second and subsequent convictions of an agent or employee of the licensee for 02 violation of AS 04.16.052(a)(5) occurring on the licensed premises of the licensee. In 03 imposing a civil fine under this subsection, convictions include the convictions of all 04 agents or employees of a licensee that are committed on the premises of the licensee. 05 * Sec. 4. AS 04.16.050(c) is amended to read: 06 (c) A person is guilty of repeat minor consuming or in possession or control if 07 the person was placed on probation under (b) [(b)(1)] of this section or has been 08 previously convicted once, and the person violates (a) of this section. Upon conviction 09 in the district court, the court shall 10 (1) impose a fine of $1,000 and require at least 48 hours of community 11 work; 12 (2) revoke the person's driver's license for three months; 13 (3) take possession of the person's drivers' license; and 14 (4) suspend up to $500 of the fine and place the person on probation 15 for up to one year under (e) of this section. 16 * Sec. 5. AS 04.16.050(e) is amended to read: 17 (e) The court shall order [PLACE] a person sentenced and placed on 18 probation under (b) [(b)(2)], (c), or (d) of this section to [ON] probation for the 19 appropriate period. The person may not refuse probation. The court may require the 20 person to pay for and enroll in a juvenile alcohol safety action program, if one is 21 available. The court shall impose the following conditions of probation: 22 (1) the person shall pay for and successfully complete any education or 23 treatment recommended; 24 (2) the person may not consume inhalants or possess or consume 25 controlled substances or alcoholic beverages, except as provided in AS 04.16.051(b); 26 (3) the person shall timely complete any community work ordered, as 27 provided in (f) of this section; and 28 (4) other conditions the court considers appropriate. 29 * Sec. 6. AS 04.16.200(e) is amended to read: 30 (e) A person who sends, transports, or brings alcoholic beverages into a 31 municipality or established village in violation of AS 04.11.499(a) is, upon conviction,
01 (1) except as provided in (3) of this subsection, guilty of a class A 02 misdemeanor if the quantity of alcoholic beverages is less than three [10 AND ONE- 03 HALF] liters of distilled spirits, 12 [24] liters of wine, or six [12] gallons of malt 04 beverages; 05 (2) guilty of a class C felony if the quantity of alcoholic beverages is 06 three [10 AND ONE-HALF] liters or more of distilled spirits, 12 [24] liters or more 07 of wine, or six [12] gallons or more of malt beverages; or 08 (3) guilty of a class C felony if the quantity of alcoholic beverages is 09 less than three [10 AND ONE-HALF] liters of distilled spirits, 12 [24] liters of wine, 10 or six [12] gallons of malt beverages and the person has been previously convicted 11 under this subsection or (b) of this section two or more times within 15 years of the 12 date of the present offense. 13 * Sec. 7. AS 04.16.200(h) is amended to read: 14 (h) Upon conviction of a class C felony under (b) or (e)(2) or (3) of this 15 section, the court 16 (1) shall impose a fine of not less than $10,000 and a minimum 17 sentence of imprisonment of 18 (A) 120 days if the person has not been previously convicted 19 [ONCE]; 20 (B) 240 days if the person has been previously convicted once 21 [TWO TIMES]; 22 (C) 360 days if the person has been previously convicted two 23 [THREE] or more times; 24 (2) may not 25 (A) suspend execution of sentence or grant probation except on 26 the condition that the person 27 (i) serve the minimum imprisonment under (1) of this 28 subsection; and 29 (ii) pay the minimum fine required under (1) of this 30 subsection; or 31 (B) suspend imposition of sentence.
01 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. (a) The presumptions established in sec. 1 of this Act apply to 04 conduct occurring on or after the effective date of this Act. 05 (b) Sections 2, 6, and 7 of this Act apply to an offense occurring on or after the 06 effective date of the applicable section of this Act. References to previous convictions in secs. 07 6 and 7 of this Act apply to convictions occurring before, on, or after the effective date of this 08 Act. 09 (c) Section 3 of this Act applies to offenses committed on or after the effective date of 10 this Act. 11 (d) Sections 4 and 5 of this Act apply to probation ordered for offenses occurring 12 before, on, or after the effective date of this Act. 13 * Sec. 9. This Act takes effect July 1, 2009.