HCS CSSB 16(FIN) am H: "An Act relating to certain alcoholic beverage licenses and permits; relating to the bond requirement for certain alcoholic beverage license holders; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) am H 01 "An Act relating to certain alcoholic beverage licenses and permits; relating to the bond 02 requirement for certain alcoholic beverage license holders; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 04.11.210 is amended by adding new subsections to read: 06 (d) The board may not deny an application for renewal of a license issued 07 under this section or an application to transfer a license issued under this section to 08 another person solely because the board determines that the licensed premises is not a 09 "recreational site" as defined under (c) of this section if the applicant 10 (1) held a license under this section or received a transferred license 11 under this section that was valid at any time between January 1, 2018, and March 31, 12 2019 or holds a license that was initially issued under (e) of this section; and 13 (2) operates the license under the same conditions required at the time 14 of initial licensure.
01 displays of arts and crafts. 02 (e) The board may not deny an application for issuance of a new license under 03 this section solely because the board determines that the licensed premises is not a 04 "recreational site" as defined in (c) of this section if the applicant filed an application 05 for a new license under this section between October 1, 2018, and the effective date of 06 this Act. 07 * Sec. 2. AS 04.16.049(a) is amended to read: 08 (a) A person under 21 years of age may not knowingly enter or remain in 09 premises licensed under this title unless 10 (1) accompanied by a parent, guardian, or spouse who has attained 21 11 years of age; 12 (2) the person is at least 16 years of age, the premises are designated 13 by the board as a restaurant for the purposes of this section, and the person enters and 14 remains only for dining; 15 (3) the person is under 16 years of age, is accompanied by a person 16 over 21 years of age, the parent or guardian of the underaged person consents, the 17 premises are designated by the board as a restaurant for the purposes of this section, 18 and the person enters and remains only for dining; 19 (4) the person is permitted on the premises under a club license issued 20 under AS 04.11.110(g); or 21 (5) otherwise provided under (c), (d), [OR] (g), or (j) of this section. 22 * Sec. 3. AS 04.16.049 is amended by adding a new subsection to read: 23 (j) Notwithstanding any other provision of this section, a person under 21 24 years of age may be present on licensed premises of a performing arts theater for the 25 purpose of viewing an event presented by live performers on a stage or attending a 26 performing arts-related activity if the person is 27 (1) at least 16 years of age; or 28 (2) under 16 years of age and 29 (A) is accompanied by a person who is at least 21 years of age; 30 and 31 (B) the person's parent or guardian consents.
01 * Sec. 4. AS 43.60.040(a) is amended to read: 02 (a) Each brewer, distiller, bottler, jobber, wholesaler, or manufacturer is 03 primarily liable for the payment of the excise taxes on alcoholic beverages sold, and, 04 except as provided under (i) of this section, shall furnish a good and sufficient 05 surety bond of $25,000 payable to the department and approved by the Department of 06 Law. If a wholesaler fails to pay the tax to the state, the wholesaler forfeits the bond 07 and the wholesaler's license shall be revoked. The department, in its discretion, may 08 issue permits in place of bonds to resident holders of wholesale, malt beverage, and 09 wine licenses doing business wholly in the state who pay the tax before shipment. 10 * Sec. 5. AS 43.60.040(b) is amended to read: 11 (b) Upon receipt of the bond and its subsequent approval, the department shall 12 issue a license certificate authorizing the brewer, distiller, bottler, jobber, wholesaler, 13 or manufacturer, liable for the payment of the tax, to sell alcoholic beverages in the 14 state or to consign shipments of alcoholic beverages to the state. Except as provided 15 under (i) of this section, it [IT] is unlawful for a brewer, distiller, bottler, jobber, 16 wholesaler, or manufacturer to sell alcoholic beverages in the state or to consign 17 shipments of alcoholic beverages into the state without first furnishing the required 18 bond and obtaining the license certificate or permit from the department. The license 19 certificate does not constitute permission to sell alcoholic beverages in the state or to 20 consign them to the state without having complied with other requirements of state or 21 federal law. 22 * Sec. 6. AS 43.60.040 is amended by adding a new subsection to read: 23 (i) The department may not require a brewer, distiller, bottler, jobber, 24 wholesaler, or manufacturer who has timely filed monthly tax returns and paid 25 monthly taxes to the department over the most recent three consecutive years to 26 maintain a bond if the brewer, distiller, bottler, jobber, wholesaler, or manufacturer 27 continues to remain in compliance with AS 43.60. The department shall notify the 28 brewer, distiller, bottler, jobber, wholesaler, or manufacturer of any noncompliance 29 that requires the brewer, distiller, bottler, jobber, wholesaler, or manufacturer to file a 30 bond under (a) of this section. The brewer, distiller, bottler, jobber, wholesaler, or 31 manufacturer shall, within 30 days after receiving the notice of noncompliance, file
01 with the department a bond under (a) of this section. 02 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 TRANSITION. (a) The board shall reconsider an application for renewal of a 05 recreational site license or transfer of a recreational site license to another person and apply 06 AS 04.11.210(d), enacted by sec. 1 of this Act, if 07 (1) the application was denied between January 1, 2018, and the effective date 08 of this Act; and 09 (2) the board denied the application because the board determined that the 10 licensed premises was not a "recreational site" as defined under AS 04.11.210(c). 11 (b) The board shall reconsider an application for issuance of a new recreational site 12 license and apply AS 04.11.210(e), enacted by sec. 1 of this Act, if 13 (1) the application was denied between October 1, 2018, and the effective date 14 of this Act; and 15 (2) the board denied the application because the board determined that the 16 licensed premises was not a "recreational site" as defined under AS 04.11.210(c). 17 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 RETROACTIVITY. (a) AS 04.11.210(d), enacted by sec. 1 of this Act, is retroactive 20 to January 1, 2018. 21 (b) AS 04.11.210(e), enacted by sec. 1 of this Act, is retroactive to October 1, 2018. 22 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).