03/14/2012 01:00 PM House JUDICIARY

              HB 50 - ACCESS TO LICENSED PREMISES                                                                           
                                                                                                                                
1:02:53 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO announced  that the first order of  business would be                                                               
HOUSE BILL NO. 50, "An Act  relating to the purchase of alcoholic                                                               
beverages at  a club and  to access  by certain persons  under 21                                                               
years  of  age  to  a club's  licensed  premises  when  alcoholic                                                               
beverages are present."                                                                                                         
                                                                                                                                
1:03:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAN SADDLER,  Alaska State  Legislature, sponsor,                                                               
referred to HB 50 as an  "access" bill, and assured the committee                                                               
that  the bill  wouldn't allow  anyone  under age  21 to  consume                                                               
alcohol legally.  [Section 1 of]  HB 50, he proffered, would make                                                               
it easier for  military personnel to "enjoy  companionship in the                                                               
clubhouses of  service and  patriotic organizations"  by removing                                                               
the  language in  AS 04.11.110(d)  which stipulates  that active-                                                               
duty  military personnel  may purchase  alcoholic beverages  sold                                                               
under a club license only  on special occasions when extended the                                                               
privilege  by patriotic  organizations;  specifically, Section  1                                                               
would   delete  the   phrase,  "upon   special  occasions"   from                                                               
AS 04.11.110(d)(3).   He indicated a  belief that  this provision                                                               
would  only apply  to those  active-duty military  personnel "who                                                               
are over  the age of  21."  [Section 2  of] HB 50,  he proffered,                                                               
would  allow  active-duty  military  personnel under  age  21  to                                                               
access the premises of patriotic  organizations licensed as clubs                                                               
under AS  04.11.110 if  such personnel are  guests or  members of                                                               
the   club;   specifically,   Section   2   would   delete   from                                                               
AS 04.11.110(g)  the [exclusionary]  reference  to AS  04.16.049,                                                               
and would  add to AS  04.11.110(g)(2) the  words, "is a  guest or                                                           
member  of the  club  and".   He  indicated  a  belief that  this                                                           
provision  would   not  allow  [underage]   active-duty  military                                                               
personnel to consume alcohol.                                                                                                   
                                                                                                                                
REPRESENTATIVE SADDLER  offered his understanding  that excluding                                                               
underage  active-duty  military  personnel from  such  clubs  can                                                               
erode  "unit" cohesion  and  reduce morale.    In conclusion,  he                                                               
reiterated that  HB 50 won't allow  underage active-duty military                                                               
personnel to  consume alcohol legally, additionally  offering his                                                               
belief that  the bill simply clarifies  that active-duty military                                                               
personnel "over  21" don't  have to wait  for a  special occasion                                                               
[to purchase  alcohol served  under the  club license],  and that                                                               
underage  active-duty  military  personnel  can  visit  patriotic                                                               
clubs if they are members or guests.                                                                                            
                                                                                                                                
1:05:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER, in  response to  questions, said  that a                                                               
person  must  be at  least  17  years of  age  to  enlist in  the                                                               
military,  and, if  not yet  18 years  of age,  must also  obtain                                                               
permission  from  his/her  parent  or guardian;  and  that  under                                                               
Alaska law, anyone under the age of  21 may enter and remain in a                                                               
licensed premises if  accompanied by a parent, a  guardian, [or a                                                               
spouse who is at least 21 years of age].                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG questioned why Section  2 of the bill is                                                               
proposing  to  delete  from AS  04.11.110(g)  the  [exclusionary]                                                               
reference to  AS 04.16.049; noted  that the bill  doesn't address                                                               
spouses  of active-duty  military personnel;  and suggested  that                                                               
the bill be changed to also apply to such spouses.                                                                              
                                                                                                                                
REPRESENTATIVE SADDLER replied:                                                                                                 
                                                                                                                                
     Much of the justification for  this, as presented to me                                                                    
     by the  [Veterans of Foreign  Wars (VFW)], was  for the                                                                    
     purpose  of allowing  younger-aged  soldiers to  attend                                                                    
     clubs,  meetings,  that  were   unit  based,  and  that                                                                    
     basically [were] an off-duty kind  of unit call.  I had                                                                    
     not  considered whether  spouses would  be included  in                                                                    
     that,  or whether  it would  be important  for them  to                                                                    
     attend  privately. ...  I would  be  glad to  entertain                                                                    
     that kind of amendment ....                                                                                                
                                                                                                                                
REPRESENTATIVE HOLMES  - with regard  to Section 2's  proposal to                                                               
delete  from  AS  04.11.110(g) the  [exclusionary]  reference  to                                                               
AS 04.16.049  -  explained that  doing  so  is necessary  because                                                               
Section 3 of HB  50 is proposing to add to  AS 04.16.049(a) a new                                                               
paragraph (4) specifying that a person  under 21 years of age may                                                               
enter or remain in a licensed  premises if he/she is permitted to                                                               
do so  under AS  04.11.110(g), which, again,  under the  bill, is                                                               
being  altered to  provide just  such an  allowance for  underage                                                               
active-duty military personnel  who are guests or  members of the                                                               
club.                                                                                                                           
                                                                                                                                
1:10:41 PM                                                                                                                    
                                                                                                                                
SHIRLEY  GIFFORD,  Director,  Alcoholic  Beverage  Control  Board                                                               
("ABC  Board"),  Department  of Public  Safety  (DPS),  said  she                                                               
understands  the desire  to maintain  relations between  military                                                               
personnel,  and,  having  been  "pretty   much  raised  up  in  a                                                               
paramilitary organization,"  how important having the  ability to                                                               
socialize with  other members  is to  camaraderie.   However, she                                                               
warned, HB  50 would  be very,  very difficult  to enforce.   And                                                               
although  the  bill  wouldn't allow  underage  persons  to  drink                                                               
alcohol  legally,  exposing  them  to an  environment  [in  which                                                               
everyone  else is  drinking] could  result in  them drinking  too                                                               
regardless that  doing so would be  illegal.  Alaska has  over 80                                                               
clubs of  the type addressed by  the bill, but the  ABC Board has                                                               
only  5 investigators,  and sometimes  obtaining  access to  such                                                               
clubs for  purposes of inspection/enforcement  is difficult.   On                                                               
that  issue,  she noted  that  a  couple  of  years ago  she  had                                                               
suggested that the ABC Board be  issued a card granting it access                                                               
to such clubs  for inspection purposes - to  ensure that underage                                                               
persons are not  being provided alcohol - but  the suggestion was                                                               
turned down.   In  conclusion, she  said, "I  think that  this is                                                               
going to be  very difficult, I think it  exposes underage persons                                                               
to a  dangerous product -  a legal  product, but a  dangerous one                                                               
nonetheless - and I am in opposition of this bill."                                                                             
                                                                                                                                
CHAIR   GATTO  acknowledged   that   perhaps  underage   military                                                               
personnel could be  provided alcohol in such a  club, but pointed                                                               
out that  if the changes proposed  by HB 50 don't  work out, then                                                               
the law could be changed again later.                                                                                           
                                                                                                                                
REPRESENTATIVE LYNN  disclosed that  he is a  member of  a couple                                                               
such  clubs,  and  characterized   their  environments  as  being                                                               
"pretty darn good."                                                                                                             
                                                                                                                                
REPRESENTATIVE SADDLER,  in response  to a question,  offered his                                                               
understanding that in such clubs,  non-members are not allowed to                                                               
order anything.                                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG disclosed  that he, too, is  a member of                                                               
such a club.                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER,  in response  to questions  and comments,                                                               
explained that although  the bill is not specific  with regard to                                                               
the location  of any such clubs,  it is proposing changes  to the                                                               
language in  both AS 04.11.110(d)(3) and  AS 04.11.110(g)(2) that                                                               
specifically   addresses  patriotic   organizations  which   sell                                                               
alcohol  under   a  club  license.     He  added   that  existing                                                               
AS 04.11.110(b)  specifies what  types of  entities could  obtain                                                               
such a club license.                                                                                                            
                                                                                                                                
1:20:14 PM                                                                                                                    
                                                                                                                                
CHAIR  GATTO,  after ascertaining  that  no  one else  wished  to                                                               
testify, closed public testimony on HB 50.                                                                                      
                                                                                                                                
REPRESENTATIVE  HAWKER characterized  Ms.  Gifford's comments  as                                                               
offensive.                                                                                                                      
                                                                                                                                
MS.   GIFFORD,   in   response   to   questions,   relayed   that                                                               
AS 04.11.110(b) reads in part:                                                                                                  
                                                                                                                                
          (b) A club license may only be issued to a club,                                                                      
     fraternal  organization,   patriotic  organization,  or                                                                    
     social organization  that has  been (1) chartered  by a                                                                    
     state  or national  organization  for a  period of  two                                                                    
     consecutive  years  before  application for  a  license                                                                    
     under  this section;  or (2)  chartered  by a  national                                                                    
     organization   and   the  national   organization   has                                                                    
     maintained a chartered club  or organization within the                                                                    
     state for a period of at least 20 years.                                                                                   
                                                                                                                                
MS. GIFFORD added  that that statute does  not differentiate with                                                               
regard to  such a club's  physical location, and  reiterated that                                                               
there are  80 such  clubs in  Alaska.  In  response to  a further                                                               
question,  she  noted  that AS  04.11.250  pertains  to  two-year                                                               
conditional contractors' permits, which  address the sale of beer                                                               
and wine on military and naval reservations.                                                                                    
                                                                                                                                
1:25:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt a  conceptual                                                               
amendment, "to expand the bill  to include the spouses of active-                                                               
duty  military  personnel if  they  meet  the other  requirements                                                               
here,  and that  would mean  that they  must be  accompanying the                                                               
military personnel and be a guest of the member of the club."                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG, in response  to comments and questions,                                                               
indicated that  he would be withdrawing  his conceptual amendment                                                               
until it could be drafted  properly; pointed out that Section 1's                                                               
proposed AS  04.11.110(d) doesn't  currently address  the spouses                                                               
of  guests of  club  members;  and clarified  that  he wants  the                                                               
permissions  that  HB  50 would  grant  to  active-duty  military                                                               
personnel to also  be granted to their  spouses when accompanying                                                               
them.                                                                                                                           
                                                                                                                                
CHAIR GATTO relayed that HB 50 would be held over.