SCS CSHB 98(FIN): "An Act relating to minor consuming and repeat minor consuming; relating to penalties for violations of limitations on possessing, sending, shipping, transporting, or bringing alcoholic beverages to, soliciting or receiving orders for delivery of alcoholic beverages to, and the manufacture, sale, offer for sale, barter, traffic, or possession of alcoholic beverages in, a local option area; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 98(FIN) 01 "An Act relating to minor consuming and repeat minor consuming; relating to penalties 02 for violations of limitations on possessing, sending, shipping, transporting, or bringing 03 alcoholic beverages to, soliciting or receiving orders for delivery of alcoholic beverages 04 to, and the manufacture, sale, offer for sale, barter, traffic, or possession of alcoholic 05 beverages in, a local option area; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 04.11.010(c) is amended to read: 08 (c) Unless a municipality or established village has adopted a more restrictive 09 local option under AS 04.11.491(g), in a criminal prosecution for possession of 10 alcoholic beverages for sale in violation of (a) of this section, the fact that a person 11 (1) possessed more than 10 1/2 liters of distilled spirits or [,] 24 liters 12 or more of wine, or either a half-keg of malt beverages or 12 gallons or more of 13 malt beverages in individual containers in an area where the sale of alcoholic
01 beverages is restricted or prohibited under AS 04.11.491 creates a presumption that 02 the person possessed the alcoholic beverages for sale; 03 (2) sends, transports, or brings more than 10 1/2 liters of distilled 04 spirits or [,] 24 liters or more of wine, or either a half-keg of malt beverages or 12 05 gallons or more of malt beverages in individual containers to an area where the sale 06 of alcoholic beverages is restricted or prohibited under AS 04.11.491 creates a 07 presumption that the person sent, transported, or brought the alcoholic beverages for 08 sale in the area. 09 * Sec. 2. AS 04.11.150(g) is amended to read: 10 (g) If a shipment is to an area that has restricted the sale of alcoholic 11 beverages under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), a package store 12 licensee, agent, or employee may not ship to a purchaser more than 10 and one-half 13 liters of distilled spirits or [,] 24 liters or more of wine, or either a half-keg of malt 14 beverages or 12 gallons or more of malt beverages in individual containers in a 15 calendar month, or a lower amount of distilled spirits, wine, or malt beverages if the 16 municipality or established village has adopted the lower amount by local option 17 under AS 04.11.491(g). Before shipping alcohol to a purchaser in a restricted area, a 18 package store licensee, agent, or employee shall consult the database maintained by 19 the board under AS 04.06.095 for any alcoholic beverage shipments made to the 20 purchaser during that calendar month by a package store licensee, agent, or employee. 21 A package store licensee, agent, or employee may not ship an amount of alcoholic 22 beverages to a purchaser in a restricted area that, when added to the amount already 23 shipped, exceeds the amount authorized by this subsection. A package store licensee, 24 agent, or employee shall immediately enter into the database the date and the amount 25 of alcoholic beverages shipped to the purchaser. Failure to enter into the database the 26 date and amount of alcoholic beverages shipped to the purchaser as required by this 27 subsection is a class B misdemeanor. 28 * Sec. 3. AS 04.16.050(b) is amended to read: 29 (b) A person who violates (a) of this section and who has not been previously 30 convicted or received a suspended imposition of sentence under (1) of this subsection 31 is guilty of minor consuming or in possession or control. Minor consuming or in
01 possession or control is not a misdemeanor. Upon conviction in the district court, 02 the court 03 (1) may grant a suspended imposition of sentence under AS 12.55.085 04 and place the person on probation for up to one year if the person has not been 05 convicted of a violation of this section previously; among the conditions of probation, 06 the court shall, with the consent of a community diversion panel, refer the person to 07 the panel, and require the person to comply with conditions set by the panel, including 08 counseling, education, treatment, community work, and payment of fees; in this 09 paragraph, "community diversion panel" means a youth court or other group selected 10 by the court to serve as a sentencing option for a person convicted under this section; 11 or 12 (2) shall impose a fine of at least $200 but not more than $600, shall 13 require the person to attend alcohol information school if the school is available, and 14 shall place the person on probation for up to one year under (e) of this section; the 15 court may suspend a portion of the fine imposed under this paragraph that exceeds 16 $200 if the person is required to pay for education or treatment required under (e) of 17 this section. 18 * Sec. 4. AS 04.16.050(c) is amended to read: 19 (c) A person is guilty of repeat minor consuming or in possession or control if 20 the person was previously granted a suspended imposition of sentence [PLACED 21 ON PROBATION] under (b)(1) of this section, has a prior conviction under (b)(2) 22 of this section, or has been previously convicted once, and the person violates (a) of 23 this section. Repeat minor consuming or in possession or control is not a 24 misdemeanor. Upon conviction in the district court, the court shall 25 (1) impose a fine of $1,000 and require at least 48 hours of community 26 work; 27 (2) revoke the person's driver's license for three months; 28 (3) take possession of the person's driver's license; and 29 (4) suspend up to $500 of the fine and place the person on probation 30 for up to one year under (e) of this section. 31 * Sec. 5. AS 04.16.050(d) is amended to read:
01 (d) A person is guilty of habitual minor consuming or in possession or control 02 if the person has a prior conviction [WAS PLACED ON PROBATION] under (c) of 03 this section, or has been previously convicted two or more times [TWICE], and the 04 person violates (a) of this section. Habitual minor consuming or in possession or 05 control is a class B misdemeanor. Upon conviction, the court may impose an 06 appropriate period of imprisonment and fine and place the person on probation under 07 (e) of this section for one year, or until the person is 21 years of age, whichever is 08 later, and shall 09 (1) impose at least 96 hours of community work; 10 (2) revoke the person's driver's license for six months; 11 (3) within five working days, notify the agency responsible for the 12 administration of motor vehicle laws of the revocation; and 13 (4) take possession of the person's driver's license. 14 * Sec. 6. AS 04.16.200(e) is amended to read: 15 (e) A person who sends, transports, or brings alcoholic beverages into a 16 municipality or established village in violation of AS 04.11.499(a) is, upon conviction, 17 (1) except as provided in (3) of this subsection, guilty of a class A 18 misdemeanor if the quantity of alcoholic beverages is less than 10 and one-half liters 19 of distilled spirits or [,] 24 liters of wine, or either a half-keg of malt beverages or 20 12 gallons of malt beverages in individual containers; 21 (2) guilty of a class C felony if the quantity of alcoholic beverages is 22 10 and one-half liters or more of distilled spirits or [,] 24 liters or more of wine, or 23 either a half-keg of malt beverages or 12 gallons or more of malt beverages in 24 individual containers; or 25 (3) guilty of a class C felony if the quantity of alcoholic beverages is 26 less than 10 and one-half liters of distilled spirits or [,] 24 liters of wine, or either a 27 half-keg of malt beverages or 12 gallons of malt beverages in individual containers 28 and the person has been previously convicted under this subsection or (b) of this 29 section two or more times within 15 years of the date of the present offense. 30 * Sec. 7. AS 04.16.200(h) is amended to read: 31 (h) Upon conviction of a class C felony under (b) or (e)(2) or (3) of this
01 section, the court 02 (1) shall impose a fine of not less than $10,000 and a minimum 03 sentence of imprisonment of 04 (A) 120 days if the person has not been previously convicted 05 [ONCE]; 06 (B) 240 days if the person has been previously convicted once 07 [TWO TIMES]; 08 (C) 360 days if the person has been previously convicted two 09 [THREE] or more times; 10 (2) may not 11 (A) suspend execution of sentence or grant probation except on 12 the condition that the person 13 (i) serve the minimum imprisonment under (1) of this 14 subsection; and 15 (ii) pay the minimum fine required under (1) of this 16 subsection; or 17 (B) suspend imposition of sentence. 18 * Sec. 8. AS 04.21.080 is amended by adding a new paragraph to read: 19 (18) "half-keg" means a keg designed to be a bulk container for, and 20 containing not more than, 15 1/2 gallons of malt beverages. 21 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 APPLICABILITY. AS 04.11.010(c), as amended by sec. 1 of this Act, and 24 AS 04.16.200(h), as amended by sec. 7 of this Act, apply to an offense occurring on or after 25 the effective date of this Act. References to previous convictions in sec. 7 of this Act apply to 26 convictions occurring before, on, or after the effective date of this Act. 27 * Sec. 10. This Act takes effect immediately under AS 01.10.070(c).