HB 336: "An Act relating to sales of alcoholic beverages near a school or church."
00 HOUSE BILL NO. 336 01 "An Act relating to sales of alcoholic beverages near a school or church." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 04.11.100(f) is amended to read: 04 (f) Notwithstanding the provisions of (b) of this section, upon written 05 application and approval of the local governing body, the board may renew a 06 restaurant or eating place license and exempt the licensee from the requirements of (b) 07 of this section if the license was issued under the provisions of this subsection before 08 October 1, 1996. The board may not 09 (1) renew a license as provided under this subsection if 10 (A) the renewal would result in more than one exempt 11 restaurant or eating place license for every 10 restaurant or eating place 12 licenses allowed under the provisions of AS 04.11.400(a)(2) or (3); 13 (B) the premises would be located in a building having a public 14 entrance within 400  feet of the boundary line of a school or a church 15 building in which religious services are being regularly conducted; however, a
01 license issued before the effective date of this Act for premises that are 02 within 400 feet of but more than 200 feet from a school ground or church 03 building may be renewed notwithstanding this subparagraph; for purposes 04 of this subparagraph, the distance between the school or church and the 05 restaurant or eating place [200-FOOT PROHIBITION] is measured from the 06 outer boundary line of the school or the public entrance of the church building 07 by the shortest pedestrian route to the nearest public entrance of the restaurant 08 or eating place; or 09 (2) transfer an exempt license issued under this subsection to another 10 person. 11 * Sec. 2. AS 04.11.410 is amended to read: 12 Sec. 04.11.410. Restriction of location near churches and schools. (a) A 13 beverage dispensary or package store license may not be issued and the location of an 14 existing license may not be transferred if the licensed premises would be located in a 15 building the public entrance of which is within 400  feet of a school ground or a 16 church building in which religious services are regularly conducted, measured by the 17 shortest pedestrian route from the outer boundaries of the school ground or the public 18 entrance of the church building. However, a license issued before the presence of 19 either cause of restriction within 400  feet of the licensed premises may be 20 renewed or transferred to a person notwithstanding this subsection. 21 (b) If a beverage dispensary or package store license for premises located 22 within 400  feet of a school ground or church building in which religious services 23 are regularly conducted is revoked, expires, or is transferred to another location, a 24 beverage dispensary or package store license may not be issued or transferred to the 25 formerly licensed premises until the cessation of either cause of restriction.