00                             HOUSE BILL NO. 34                                                                          
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 500 [200] 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 500 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 500 [200] 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 500 [200] 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 500 [200] 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, except by                            
26       approval of the board.