HB 192: "An Act relating to curbside pickup of alcoholic beverages sold by a package store; relating to consumer delivery licenses; and providing for an effective date."
00 HOUSE BILL NO. 192 01 "An Act relating to curbside pickup of alcoholic beverages sold by a package store; 02 relating to consumer delivery licenses; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 04.09.230(e), enacted by sec. 13, ch. 8, SLA 2022, is amended to read: 05 (e) The holder of a package store license may not 06 (1) offer alcoholic beverages for consumption on the licensed premises 07 or allow the consumption of alcoholic beverages on the licensed premises except as 08 authorized by a package store sampling endorsement issued under AS 04.09.490 or a 09 package store tasting event permit issued under AS 04.09.670; 10 (2) subdivide alcoholic beverages except as authorized by a package 11 store repackaging endorsement issued under AS 04.09.480; 12 (3) offer alcoholic beverages for sale or sell alcoholic beverages to a 13 person not present on the licensed premises who makes an order for shipment except 14 as authorized by a package store shipping endorsement under AS 04.09.460; or
01 (4) deliver alcoholic beverages to a person not present on the licensed 02 premises except as provided under (h) of this section or as authorized by a package 03 store delivery endorsement under AS 04.09.470 or a consumer delivery license 04 under AS 04.09.380. 05 * Sec. 2. AS 04.09.230(f), enacted by sec. 13, ch. 8, SLA 2022, is amended to read: 06 (f) The holder of a package store license commits the offense of failure to 07 comply with the terms of a package store license if the person stores or sells alcoholic 08 beverages in violation of (a) of this section or fails to comply with (c), [OR] (e), or (h) 09 of this section. 10 * Sec. 3. AS 04.09.230, enacted by sec. 13, ch. 8, SLA 2022, is amended by adding new 11 subsections to read: 12 (h) The holder of a package store license may offer curbside pickup of 13 alcoholic beverages if 14 (1) the alcoholic beverage is sealed or packaged in a closed bottle or 15 can by the manufacturer or sealed, tamper-proofed, and labeled in a growler by the 16 holder; 17 (2) an agent or employee who is not an independent contractor and has 18 completed an alcohol server education course under AS 04.21.025 delivers the 19 alcoholic beverage from the licensed premises to the purchaser at the location 20 designated under (3) of this subsection and requires the purchaser to provide 21 identification and acceptable proof of age under AS 04.21.050(b); 22 (3) the holder designates a parking place less than 225 feet from an 23 entry to the package store premises for pickup of alcoholic beverages; 24 (4) the transaction is not prohibited under AS 04.16.030; 25 (5) the holder provides written information regarding the license and 26 curbside pickup on a form prescribed by the director; and 27 (6) the holder consents to an inspection of the area designated for 28 curbside pickup, excluding private vehicles, at all reasonable times and in a reasonable 29 manner by an officer or employee charged with enforcing the alcoholic beverage 30 control laws and the regulations of the board or by a peace officer acting in the official 31 capacity of a peace officer.
01 * Sec. 4. AS 04.09, enacted by sec. 13, ch. 8, SLA 2022, is amended by adding a new 02 section to read: 03 Sec. 04.09.380. Consumer delivery license. (a) A consumer delivery license 04 authorizes the holder of a package store license, or a person who contracts with or 05 employs individuals for the delivery of retail goods to consumers, or an agent, 06 employee, or independent contractor of the holder or person to deliver alcoholic 07 beverages from the licensed premises of a package store to an individual who is 08 located off the licensed premises. 09 (b) The holder of a consumer delivery license or the agent, employee, or 10 independent contractor of the holder may deliver an alcoholic beverage only to an 11 individual who 12 (1) is 21 years of age or older; 13 (2) provides identification and acceptable proof of age under 14 AS 04.21.050(b); and 15 (3) places the order for purchase of the alcoholic beverage, is 16 designated by the purchaser as a delivery recipient, or is located at the delivery address 17 provided by the purchaser. 18 (c) The holder of a consumer delivery license may deliver an alcoholic 19 beverage outside the hours of operation of the package store if the holder receives the 20 order for purchase during the hours permitted under AS 04.16.010(c) and the 21 individual delivering the alcoholic beverage completes the delivery within a 22 reasonable amount of time after leaving the package store. 23 (d) If the holder of a consumer delivery license does not hold a package store 24 license, the holder of the package store license is not liable for an action of the holder 25 of the consumer delivery license or an agent, employee, or independent contractor of 26 the holder of the consumer delivery license relating to an alcoholic beverage delivered 27 from the package store, including delivery to an individual under 21 years of age in 28 violation of AS 04.16.051 or a drunken person in violation of AS 04.16.030. 29 (e) An individual may not deliver an alcoholic beverage under this section 30 unless the individual is 21 years of age or older and holds a valid driver's license. 31 (f) The holder of a consumer delivery license or the agent, employee, or
01 independent contractor of the holder may not deliver an alcoholic beverage under this 02 section to an individual who is located in an area where the sale of alcoholic beverages 03 has been restricted under AS 04.11.491. 04 (g) The holder of a consumer delivery license commits the offense of failure 05 to comply with the terms of a consumer delivery license if the person sells alcoholic 06 beverages in violation of (a) of this section or fails to comply with the requirements of 07 (b), (c), (e), or (f) of this section. 08 (h) Failure to comply with the terms of a consumer delivery license is a 09 violation. 10 * Sec. 5. AS 04.09.480(c), enacted by sec. 13, ch. 8, SLA 2022, is amended to read: 11 (c) A package store licensee with a package store repackaging endorsement 12 may 13 (1) subdivide alcoholic beverages 14 (A) for sale on the licensed premises by opening the original 15 package for the purpose of subdividing the contents into smaller packages; or 16 (B) in response to a purchase request from a person who is on 17 the licensed premises or purchase order submitted in accordance with 18 AS 04.09.230(h) or 04.09.470(c) [AS 04.09.470(c)]; 19 (2) permit an agent or employee to subdivide alcoholic beverages, but 20 may not permit a customer or another person who is not an agent or employee of the 21 licensee to subdivide alcoholic beverages. 22 * Sec. 6. AS 04.11.400(i), repealed and reenacted by sec. 52, ch. 8, SLA 2022, is amended 23 to read: 24 (i) This section does not apply to a 25 (1) brewery manufacturer license issued under AS 04.09.020; 26 (2) winery manufacturer license issued under AS 04.09.030; 27 (3) distillery manufacturer license issued under AS 04.09.040; 28 (4) general wholesale license issued under AS 04.09.100; 29 (5) limited wholesale brewed beverage and wine license issued under 30 AS 04.09.110; 31 (6) outdoor recreation lodge license issued under AS 04.09.280;
01 (7) destination resort license issued under AS 04.09.310; 02 (8) beverage dispensary tourism license issued under AS 04.09.350; 03 (9) seasonal restaurant or eating place tourism license issued under 04 AS 04.09.360; 05 (10) manufacturer direct shipment license issued under AS 04.09.370; 06 (11) consumer delivery license issued under AS 04.09.380; 07 (12) conditional contractor's permit issued under AS 04.09.690. 08 * Sec. 7. AS 04.21.020(a), as amended by sec. 136, ch. 8, SLA 2022, is amended to read: 09 (a) Except as provided under (b) and (d) of this section, a person who provides 10 alcoholic beverages to another person may not be held civilly liable for injuries 11 resulting from the intoxication of that person unless the person who provides the 12 alcoholic beverages holds a license authorized under AS 04.09.020 - 04.09.380 13 [AS 04.09.020 - 04.09.370] or is an agent or employee of a licensee and 14 (1) the alcoholic beverages are provided to a person under 21 years of 15 age in violation of AS 04.16.051, unless the licensee, agent, or employee secures in 16 good faith from the person a signed statement, liquor identification card, or driver's 17 license meeting the requirements of AS 04.21.050(a) and (b), that indicates that the 18 person is 21 years of age or older; or 19 (2) the alcoholic beverages are provided to a drunken person in 20 violation of AS 04.16.030. 21 * Sec. 8. AS 09.65.315(b), as amended by sec. 151, ch. 8, SLA 2022, is amended to read: 22 (b) A person licensed under AS 04.09.020 - 04.09.380 [AS 04.09.020 - 23 04.09.370], or an agent or employee of the person, is not liable for damages resulting 24 from a motor vehicle accident described under (a) of this section. A person or entity 25 that participates in making arrangements for transportation of a vehicle under (a) of 26 this section is not liable for damages resulting from a motor vehicle accident described 27 in (a) of this section. 28 * Sec. 9. This Act takes effect on the effective date of sec. 13, ch. 8, SLA 2022.