Enrolled HB 189: Relating to the sale of alcohol; relating to the posting of warning signs for alcoholic beverages; and providing for an effective date.
00Enrolled HB 189 01 Relating to the sale of alcohol; relating to the posting of warning signs for alcoholic 02 beverages; and providing for an effective date. 03 _______________ 04 * Section 1. AS 04.09.210(c) is amended to read: 05 (c) The board may issue or renew a license under this section only if the 06 (1) board determines that 07 (A) the licensed premises is a bona fide restaurant as defined in 08 AS 04.21.080(b); 09 (B) there is supervision on the premises adequate to reasonably 10 ensure that a person under 21 years of age will not obtain alcoholic beverages, 11 unless the person is employed as permitted in AS 04.16.049(d); and 12 (C) it is unlikely that persons under 21 years of age not 13 employed on the premises will enter and remain on the licensed premises for 14 purposes other than dining; and
01 (2) sale and service of food and alcoholic beverages and any other 02 business conducted on the licensed premises of the restaurant or eating place is under 03 the sole control of the licensee. 04 * Sec. 2. AS 04.09.210(d) is amended to read: 05 (d) The board may authorize the holder of a restaurant or eating place license 06 (1) to allow a person who is at least 16 years of age but under 21 years 07 of age to enter and remain on the licensed premises for dining only; 08 (2) to allow a person who is under 16 years of age to enter and remain 09 on the licensed premises for dining only if 10 (A) the person is accompanied by a person who is 21 years of 11 age or older; and 12 (B) the parent or guardian of the person consents to the person 13 being on the licensed premises; and 14 (3) subject to AS 04.16.049, to employ or permit the employment of a 15 person who is at least 16 years of age but under 21 years of age on the licensed 16 premises if the employer provides adequate supervision to ensure that an employee 17 who is 16 or 17 years of age [THE PERSON] does not obtain alcoholic beverages. 18 * Sec. 3. AS 04.09.250(c) is amended to read: 19 (c) The holder of a theater license may sell or serve alcoholic beverages only 20 in designated areas on the licensed premises and only for a period beginning two 21 hours [ONE HOUR] before the event until one hour after the event [AND DURING 22 INTERMISSIONS]. 23 * Sec. 4. AS 04.09.360(c) is amended to read: 24 (c) The board may issue or renew a license under this section only if 25 (1) the board determines that 26 (A) the licensed premises is a bona fide restaurant as defined in 27 AS 04.21.080(b); 28 (B) there is supervision on the premises adequate to reasonably 29 ensure that a person under 21 years of age will not obtain alcoholic beverages, 30 except as provided under AS 04.16.049(d); and 31 (C) it is unlikely that persons under 21 years of age not
01 employed on the premises will enter and remain on the licensed premises for 02 purposes other than dining; and 03 (2) the sale and service of food and alcoholic beverages and any other 04 business conducted on the licensed premises of the restaurant or eating place is under 05 the sole control of the licensee. 06 * Sec. 5. AS 04.09.360(f) is amended to read: 07 (f) The board may authorize the holder of a seasonal restaurant or eating place 08 tourism license 09 (1) to allow a person who is at least 16 years of age but under 21 years 10 of age to enter and remain on the licensed premises for dining only; 11 (2) to allow a person who is under 16 years of age to enter and remain 12 on the licensed premises for dining only if 13 (A) the person is accompanied by a person who is 21 years of 14 age or older; and 15 (B) the parent or guardian of the person consents to the person 16 being on the licensed premises; and 17 (3) subject to AS 04.16.049, to employ or permit the employment of a 18 person who is at least 16 years of age but under 21 years of age on the licensed 19 premises if the employer provides adequate supervision to ensure that an employee 20 who is 16 or 17 years of age [THE PERSON] does not obtain alcoholic beverages. 21 * Sec. 6. AS 04.09.450(d) is amended to read: 22 (d) The board may issue an endorsement under this section only if the board 23 finds 24 (1) that the establishment or portion of the establishment for which the 25 endorsement is requested is a bona fide restaurant; 26 (2) there is supervision on the premises adequate to reasonably ensure 27 that a person under 21 years of age will not obtain alcoholic beverages, except as 28 provided under AS 04.16.049(d); and 29 (3) that it is unlikely that persons under 21 years of age not employed 30 on the premises will enter and remain on the premises of the bona fide restaurant for 31 purposes other than dining.
01 * Sec. 7. AS 04.09.450(e) is amended to read: 02 (e) The board may authorize the holder of a license with a restaurant 03 endorsement 04 (1) to allow a person who is at least 16 years of age but under 21 years 05 of age to enter and remain on the licensed premises for dining only; 06 (2) to allow a person who is under 16 years of age to enter and remain 07 on the licensed premises for dining only if 08 (A) the person is accompanied by a person who is 21 years of 09 age or older; and 10 (B) the parent or guardian of the person consents to the person 11 being on the licensed premises; and 12 (3) subject to AS 04.16.049, to employ or permit the employment of a 13 person who is at least 16 years of age but under 21 years of age on the premises of the 14 bona fide restaurant if the employer provides adequate supervision to ensure that an 15 employee who is 16 or 17 years of age [THE PERSON] does not obtain alcoholic 16 beverages. 17 * Sec. 8. AS 04.16.049(d) is amended to read: 18 (d) Notwithstanding any other provision in this section and AS 04.16.050(a), 19 a person 18, 19, or 20 years of age may be employed within the licensed premises of a 20 brewery manufacturer, winery manufacturer, distillery manufacturer, hotel or 21 motel, large resort, golf course, general wholesaler, limited brewed beverage and wine 22 wholesaler, common carrier dispensary, outdoor recreation lodge, brewery retailer, 23 winery retailer, distillery retailer, or restaurant, may enter and remain within those 24 premises for the purpose of employment, and, other than for a business that offers 25 adult entertainment, [BUT] may [NOT], in the course of employment, sell, serve, 26 deliver, or dispense alcoholic beverages. 27 * Sec. 9. AS 04.16.049(h) is amended to read: 28 (h) Notwithstanding any other provision in this section, a person under 21 29 years of age may be present 30 (1) on the licensed premises of a 31 (A) common carrier dispensary, destination resort, or outdoor
01 recreation lodge for the purpose of travel, travel lodging, or outdoor recreation 02 activities provided by the licensee if the person is 03 (i) [(1)] at least 16 years of age; or 04 (ii) [(2)] under 16 years of age and a parent or legal 05 guardian of the underaged person consents; 06 (B) theater if the person is 07 (i) at least 16 years of age; or 08 (ii) under 16 years of age, is accompanied by a 09 person who is at least 21 years of age, and a parent or legal 10 guardian of the underaged person consents; 11 (2) in the areas of a licensed premises covered by a large resort 12 endorsement, but excluding the areas of the premises originally covered by the 13 licensee's beverage dispensary or beverage dispensary tourism license where 14 alcohol is being served, for the purpose of travel, travel lodging, or outdoor 15 recreation activities provided by the large resort if the person is 16 (A) at least 16 years of age; or 17 (B) under 16 years of age and a parent or legal guardian of 18 the underaged person consents. 19 * Sec. 10. AS 04.16.052(a) is amended to read: 20 (a) A licensee or an agent or employee of the licensee may not with criminal 21 negligence 22 (1) allow another person to sell, barter, or give an alcoholic beverage 23 to a person under the age of 21 years within licensed premises, except as provided in 24 AS 04.16.049(d); 25 (2) allow a person under the age of 21 years to enter and remain within 26 licensed premises except as provided in AS 04.16.049; 27 (3) allow a person under the age of 21 years to consume an alcoholic 28 beverage within licensed premises; 29 (4) allow a person under the age of 21 years to sell or serve alcoholic 30 beverages, except as provided in AS 04.16.049(d); 31 (5) while working on licensed premises, furnish or deliver alcoholic
01 beverages to a person under the age of 21 years, except as provided in 02 AS 04.16.049(d). 03 * Sec. 11. AS 04.21.065(b) is amended to read: 04 (b) The warning signs required by (a) of this section must be at least 11 inches 05 by 14 inches, and the lettering must be at least one-half inch high and in contrasting 06 colors. The first sign must read, "WARNING: Alcohol use [DRINKING 07 ALCOHOLIC BEVERAGES SUCH AS BEER, WINE, WINE COOLERS, AND 08 DISTILLED SPIRITS OR SMOKING CIGARETTES] during pregnancy can cause 09 birth defects. Alcohol use can cause cancer, including breast and colon cancers." 10 The second sign must read, "WARNING: A person who provides alcoholic beverages 11 to a person under 21 years of age, if convicted under AS 04.16.051, could be 12 imprisoned for up to five years and fined up to $50,000." The third sign must read, 13 "WARNING: An unaccompanied person under 21 years of age who enters these 14 premises in violation of law may, under AS 04.16.049(e), be civilly liable for damages 15 of $1,500." The license or permit holder shall display the first and second signs in a 16 manner that would make them conspicuous to a person who will be purchasing or 17 consuming alcoholic beverages or smoking cigarettes on the licensed or designated 18 premises and shall conspicuously display the third sign at each door through which 19 customers enter the licensed premises. 20 * Sec. 12. AS 04.21.080(b) is amended by adding a new paragraph to read: 21 (31) "business that offers adult entertainment" has the meaning given 22 in AS 23.10.350(f). 23 * Sec. 13. AS 04.09.250(d) is repealed. 24 * Sec. 14. Section 11 of this Act takes effect January 1, 2025. 25 * Sec. 15. Except as provided in sec. 14 of this Act, this Act takes effect immediately under 26 AS 01.10.070(c).