Enrolled SB 15: Relating to the sale of alcohol; relating to the posting of warning signs for alcoholic beverages; and providing for an effective date.
00Enrolled SB 15 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 15 (2) sale and service of food and alcoholic beverages and any other
01 business conducted on the licensed premises of the restaurant or eating place is under 02 the sole control of the licensee. 03 * Sec. 2. AS 04.09.210(d) is amended to read: 04 (d) The board may authorize the holder of a restaurant or eating place license 05 (1) to allow a person who is at least 16 years of age but under 21 years 06 of age to enter and remain on the licensed premises for dining only; 07 (2) to allow a person who is under 16 years of age to enter and remain 08 on the licensed premises for dining only if 09 (A) the person is accompanied by a person who is 21 years of 10 age or older; and 11 (B) the parent or guardian of the person consents to the person 12 being on the licensed premises; and 13 (3) subject to AS 04.16.049, to employ or permit the employment of a 14 person who is at least 16 years of age but under 21 years of age on the licensed 15 premises if the employer provides adequate supervision to ensure that an employee 16 who is 16 or 17 years of age [THE PERSON] does not obtain alcoholic beverages. 17 * Sec. 3. AS 04.09.220(d) is amended to read: 18 (d) Alcoholic beverages sold under a club license may be purchased only by 19 (1) members of the club and their families; 20 (2) widows or widowers of deceased members of the club who have 21 been accorded club privileges; [AND] 22 (3) military personnel on active duty who are extended the privilege by 23 patriotic organizations; and 24 (4) members of a patriotic organization licensed under this section 25 that has a reciprocity agreement with another patriotic organization licensed 26 under this section. 27 * Sec. 4. AS 04.09.220 is amended by adding a new subsection to read: 28 (m) A patriotic organization licensed under this section may enter into a 29 reciprocity agreement with another patriotic organization licensed under this section to 30 allow each organization to sell alcoholic beverages to members of both organizations. 31 The decision to enter into a reciprocity agreement shall be made by a majority of
01 members present at a general meeting of each patriotic organization. 02 * Sec. 5. AS 04.09.250(c) is amended to read: 03 (c) The holder of a theater license may sell or serve alcoholic beverages only 04 in designated areas on the licensed premises and only for a period beginning two 05 hours [ONE HOUR] before the event until one hour after the event [AND DURING 06 INTERMISSIONS]. 07 * Sec. 6. AS 04.09.360(c) is amended to read: 08 (c) The board may issue or renew a license under this section only if 09 (1) the board determines that 10 (A) the licensed premises is a bona fide restaurant as defined in 11 AS 04.21.080(b); 12 (B) there is supervision on the premises adequate to reasonably 13 ensure that a person under 21 years of age will not obtain alcoholic beverages, 14 except as provided under AS 04.16.049(d); and 15 (C) it is unlikely that persons under 21 years of age not 16 employed on the premises will enter and remain on the licensed premises for 17 purposes other than dining; and 18 (2) the sale and service of food and alcoholic beverages and any other 19 business conducted on the licensed premises of the restaurant or eating place is under 20 the sole control of the licensee. 21 * Sec. 7. AS 04.09.360(f) is amended to read: 22 (f) The board may authorize the holder of a seasonal restaurant or eating place 23 tourism license 24 (1) to allow a person who is at least 16 years of age but under 21 years 25 of age to enter and remain on the licensed premises for dining only; 26 (2) to allow a person who is under 16 years of age to enter and remain 27 on the licensed premises for dining only if 28 (A) the person is accompanied by a person who is 21 years of 29 age or older; and 30 (B) the parent or guardian of the person consents to the person 31 being on the licensed premises; and
01 (3) subject to AS 04.16.049, to employ or permit the employment of a 02 person who is at least 16 years of age but under 21 years of age on the licensed 03 premises if the employer provides adequate supervision to ensure that an employee 04 who is 16 or 17 years of age [THE PERSON] does not obtain alcoholic beverages. 05 * Sec. 8. AS 04.09.450(d) is amended to read: 06 (d) The board may issue an endorsement under this section only if the board 07 finds 08 (1) that the establishment or portion of the establishment for which the 09 endorsement is requested is a bona fide restaurant; 10 (2) there is supervision on the premises adequate to reasonably ensure 11 that a person under 21 years of age will not obtain alcoholic beverages, except as 12 provided under AS 04.16.049(d); and 13 (3) that it is unlikely that persons under 21 years of age not employed 14 on the premises will enter and remain on the premises of the bona fide restaurant for 15 purposes other than dining. 16 * Sec. 9. AS 04.09.450(e) is amended to read: 17 (e) The board may authorize the holder of a license with a restaurant 18 endorsement 19 (1) to allow a person who is at least 16 years of age but under 21 years 20 of age to enter and remain on the licensed premises for dining only; 21 (2) to allow a person who is under 16 years of age to enter and remain 22 on the licensed premises for dining only if 23 (A) the person is accompanied by a person who is 21 years of 24 age or older; and 25 (B) the parent or guardian of the person consents to the person 26 being on the licensed premises; and 27 (3) subject to AS 04.16.049, to employ or permit the employment of a 28 person who is at least 16 years of age but under 21 years of age on the premises of the 29 bona fide restaurant if the employer provides adequate supervision to ensure that an 30 employee who is 16 or 17 years of age [THE PERSON] does not obtain alcoholic 31 beverages.
01 * Sec. 10. AS 04.16.049(d) is amended to read: 02 (d) Notwithstanding any other provision in this section and AS 04.16.050(a), 03 a person 18, 19, or 20 years of age may be employed within the licensed premises of a 04 brewery manufacturer, winery manufacturer, distillery manufacturer, hotel or 05 motel, large resort, golf course, general wholesaler, limited brewed beverage and wine 06 wholesaler, common carrier dispensary, outdoor recreation lodge, brewery retailer, 07 winery retailer, distillery retailer, or restaurant, may enter and remain within those 08 premises for the purpose of employment, and, other than for a business that offers 09 adult entertainment, [BUT] may [NOT], in the course of employment, sell, serve, 10 deliver, or dispense alcoholic beverages. 11 * Sec. 11. AS 04.16.049(h) is amended to read: 12 (h) Notwithstanding any other provision in this section, a person under 21 13 years of age may be present 14 (1) on the licensed premises of a 15 (A) common carrier dispensary, destination resort, or outdoor 16 recreation lodge for the purpose of travel, travel lodging, or outdoor recreation 17 activities provided by the licensee if the person is 18 (i) [(1)] at least 16 years of age; or 19 (ii) [(2)] under 16 years of age and a parent or legal 20 guardian of the underaged person consents; 21 (B) theater if the person is 22 (i) at least 16 years of age; or 23 (ii) under 16 years of age, is accompanied by a 24 person who is at least 21 years of age, and a parent or legal 25 guardian of the underaged person consents; 26 (2) in the areas of a licensed premises covered by a large resort 27 endorsement, but excluding the areas of the premises originally covered by the 28 licensee's beverage dispensary or beverage dispensary tourism license where 29 alcohol is being served, for the purpose of travel, travel lodging, or outdoor 30 recreation activities provided by the large resort if the person is 31 (A) at least 16 years of age; or
01 (B) under 16 years of age and a parent or legal guardian of 02 the underaged person consents. 03 * Sec. 12. AS 04.16.049 is amended by adding a new subsection to read: 04 (k) In this section, "business that offers adult entertainment" has the meaning 05 given in AS 23.10.350(f). 06 * Sec. 13. AS 04.16.052(a) is amended to read: 07 (a) A licensee or an agent or employee of the licensee may not with criminal 08 negligence 09 (1) allow another person to sell, barter, or give an alcoholic beverage 10 to a person under the age of 21 years within licensed premises, except as provided in 11 AS 04.16.049(d); 12 (2) allow a person under the age of 21 years to enter and remain within 13 licensed premises except as provided in AS 04.16.049; 14 (3) allow a person under the age of 21 years to consume an alcoholic 15 beverage within licensed premises; 16 (4) allow a person under the age of 21 years to sell or serve alcoholic 17 beverages, except as provided in AS 04.16.049(d); 18 (5) while working on licensed premises, furnish or deliver alcoholic 19 beverages to a person under the age of 21 years, except as provided in 20 AS 04.16.049(d). 21 * Sec. 14. AS 04.21.065(b) is amended to read: 22 (b) The warning signs required by (a) of this section must be at least 11 inches 23 by 14 inches, and the lettering must be at least one-half inch high and in contrasting 24 colors. The first sign must read, "WARNING: Alcohol use [DRINKING 25 ALCOHOLIC BEVERAGES SUCH AS BEER, WINE, WINE COOLERS, AND 26 DISTILLED SPIRITS OR SMOKING CIGARETTES] during pregnancy can cause 27 birth defects. Alcohol use can cause cancer, including breast and colon cancers." 28 The second sign must read, "WARNING: A person who provides alcoholic beverages 29 to a person under 21 years of age, if convicted under AS 04.16.051, could be 30 imprisoned for up to five years and fined up to $50,000." The third sign must read, 31 "WARNING: An unaccompanied person under 21 years of age who enters these
01 premises in violation of law may, under AS 04.16.049(e), be civilly liable for damages 02 of $1,500." The license or permit holder shall display the first and second signs in a 03 manner that would make them conspicuous to a person who will be purchasing or 04 consuming alcoholic beverages or smoking cigarettes on the licensed or designated 05 premises and shall conspicuously display the third sign at each door through which 06 customers enter the licensed premises. 07 * Sec. 15. AS 04.09.250(d) is repealed. 08 * Sec. 16. Section 14 of this Act takes effect August 1, 2025. 09 * Sec. 17. Except as provided in sec. 16 of this Act, this Act takes effect May 1, 2025.