CSSB 85(CRA): "An Act relating to limitations on 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; relating to 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 CS FOR SENATE BILL NO. 85(CRA) 01 "An Act relating to limitations on sending, shipping, transporting, or bringing alcoholic 02 beverages to, soliciting or receiving orders for delivery of alcoholic beverages to, and the 03 manufacture, sale, offer for sale, barter, traffic, or possession of alcoholic beverages in, a 04 local option area; relating to minor consuming or in possession or control of alcoholic 05 beverages; relating to civil fines for liquor licensees whose agents or employees furnish 06 alcoholic beverages to a person under 21 years of age; and providing for an effective 07 date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. 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, 24 liters or more of wine, or 12 gallons or more of malt
01 beverages in a two calendar month period, or a lower amount of distilled spirits, wine, 02 or malt beverages if the municipality or established village has adopted the lower 03 amount by local option under AS 04.11.491(g). Before shipping alcohol to a purchaser 04 in a restricted area, a package store licensee, agent, or employee shall consult the 05 database maintained by the board under AS 04.06.095 for any alcoholic beverage 06 shipments made to the purchaser during that two calendar month period by a package 07 store licensee, agent, or employee. A package store licensee, agent, or employee may 08 not ship an amount of alcoholic beverages to a purchaser in a restricted area that, when 09 added to the amount already shipped, exceeds the amount authorized by this 10 subsection. A package store licensee, agent, or employee shall immediately enter into 11 the database the date and the amount of alcoholic beverages shipped to the purchaser. 12 Failure to enter into the database the date and amount of alcoholic beverages shipped 13 to the purchaser as required by this subsection is a class B misdemeanor. 14 * Sec. 2. AS 04.11.575 is amended by adding a new subsection to read: 15 (d) If an agent or employee of a licensee is convicted of a violation of 16 AS 04.16.052(5) occurring on the licensed premises of the licensee, the board shall, 17 for a first conviction, in addition to other penalties imposed by law, issue a warning to 18 the licensee. The warning must include a description of civil fines for second and 19 subsequent convictions. The board shall impose a civil fine of $1,000 on the licensee 20 for the second and subsequent convictions of an agent or employee of the licensee for 21 violation of AS 04.16.052(5) occurring on the licensed premises of the licensee. In 22 imposing a civil fine under this subsection, convictions include the convictions of all 23 agents or employees of a licensee that are committed on the premises of the licensee. 24 * Sec. 3. AS 04.16.050(c) is amended to read: 25 (c) A person is guilty of repeat minor consuming or in possession or control if 26 the person was previously granted a suspended imposition of sentence [PLACED 27 ON PROBATION] under (b)(1) of this section, has a prior conviction under (b)(2) 28 of this section, or has been previously convicted once, and the person violates (a) of 29 this section. Upon conviction in the district court, the court shall 30 (1) impose a fine of $1,000 and require at least 48 hours of community 31 work;
01 (2) revoke the person's driver's license for three months; 02 (3) take possession of the person's driver's license; and 03 (4) suspend up to $500 of the fine and place the person on probation 04 for up to one year under (e) of this section. 05 * Sec. 4. AS 04.16.050(d) is amended to read: 06 (d) A person is guilty of habitual minor consuming or in possession or control 07 if the person has a prior conviction [WAS PLACED ON PROBATION] under (c) of 08 this section, or has been previously convicted two or more times [TWICE], and the 09 person violates (a) of this section. Habitual minor consuming or in possession or 10 control is a class B misdemeanor. Upon conviction, the court may impose an 11 appropriate period of imprisonment and fine and place the person on probation under 12 (e) of this section for one year, or until the person is 21 years of age, whichever is 13 later, and shall 14 (1) impose at least 96 hours of community work; 15 (2) revoke the person's driver's license for six months; 16 (3) within five working days, notify the agency responsible for the 17 administration of motor vehicle laws of the revocation; and 18 (4) take possession of the person's driver's license. 19 * Sec. 5. AS 04.16.200(h) is amended to read: 20 (h) Upon conviction of a class C felony under (b) or (e)(2) or (3) of this 21 section, the court 22 (1) shall impose a fine of not less than $10,000 and a minimum 23 sentence of imprisonment of 24 (A) 120 days if the person has not been previously convicted 25 [ONCE]; 26 (B) 240 days if the person has been previously convicted once 27 [TWO TIMES]; 28 (C) 360 days if the person has been previously convicted two 29 [THREE] or more times; 30 (2) may not 31 (A) suspend execution of sentence or grant probation except on
01 the condition that the person 02 (i) serve the minimum imprisonment under (1) of this 03 subsection; and 04 (ii) pay the minimum fine required under (1) of this 05 subsection; or 06 (B) suspend imposition of sentence. 07 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY. (a) AS 04.11.150(g), as amended by sec. 1 of this Act, applies to 10 shipments made on or after January 1, 2010. 11 (b) AS 04.11.575, added by sec. 2 of this Act, applies to offenses committed on or 12 after the effective date of sec. 2 of this Act. 13 (c) AS 04.16.050(c), as amended by sec. 3 of this Act, and AS 04.16.050(d), as 14 amended by sec. 4 of this Act, apply to offenses occurring on or after the effective date of 15 secs. 3 and 4 of this Act. References to prior or previous suspended impositions of sentences 16 or convictions include suspended impositions of sentences and convictions occurring before, 17 on, or after the effective date of secs. 3 and 4 of this Act. 18 (d) AS 04.16.200(h), as amended by sec. 5 of this Act, applies to an offense occurring 19 on or after the effective date of sec. 5 of this Act. References to previous convictions in sec. 5 20 of this Act apply to convictions occurring before, on, or after the effective date of sec. 5 of 21 this Act. 22 * Sec. 7. Sections 3, 4, and 6(c) of this Act take effect immediately under AS 01.10.070(c). 23 * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect July 1, 2009.