Legislature(2023 - 2024)BELTZ 105 (TSBldg)
05/11/2024 09:00 AM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB251 | |
| HB189 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 251 | TELECONFERENCED | |
| += | HB 189 | TELECONFERENCED | |
HB 189-SALE OF ALCOHOL
12:34:59 PM
CHAIR BJORKMAN reconvened the meeting and announced the
consideration of CS FOR HOUSE BILL NO. 189(L&C) am "An Act
relating to the sale of alcohol; relating to the posting of
warning signs for alcoholic beverages; and providing for an
effective date."
[On May 10, 2024, the committee rescinded its action in
reporting SCS CSHB 189 (L&C) out of committee, which brought
working document SCS CSHB 189, work order 33-LS0697\U, as
amended, before the committee.]
CHAIR BJORKMAN noted that the committee needed to address
language in HB 189 concerning the permissible presence of minors
in establishments possessing a large resort endorsement.
12:35:31 PM
CHAIR BJORKMAN solicited a motion.
12:35:35 PM
SENATOR GRAY-JACKSON moved to adopt Amendment 3 (U.5) for HB
189.
33-LS0697\U.5
C. Radford
5/11/24
AMENDMENT 3
OFFERED IN THE SENATE BY SENATOR BJORKMAN
TO: SCS CSHB 189(L&C), Draft Version "U"
Page 4, line 25, through page 5, line 12:
Delete all material and insert:
"* Sec. 9. AS 04.16.049(h) is amended to read:
(h) Notwithstanding any other provision in this
section, a person under 21 years of age may be present
(1) on the licensed premises of a
(A) common carrier dispensary, destination
resort, or outdoor recreation lodge for the purpose of
travel, travel lodging, or outdoor recreation
activities provided by the licensee if the person is
(i) [(1)] at least 16 years of age; or
(ii) [(2)] under 16 years of age and a
parent or legal guardian of the underaged person
consents;
(B) theater if the person is
(i) at least 16 years of age; or
(ii) under 16 years of age, is accompanied
by a person who is at least 21 years of age, and a
parent or legal guardian of the underaged person
consents;
(2) in the areas of a licensed premises
covered by a large resort endorsement, but excluding
the areas of the premises originally covered by the
licensee's beverage dispensary or beverage dispensary
tourism license where alcohol is being served, for the
purpose of travel, travel lodging, or outdoor
recreation activities provided by the large resort if
the person is
(A) at least 16 years of age; or
(B) under 16 years of age and a parent or
legal guardian of the underaged person consents."
12:35:40 PM
CHAIR BJORKMAN objected for purposes of explanation.
12:35:53 PM
KONRAD JACKSON, Staff, Senator Jesse Bjorkman, Alaska State
Legislature, Juneau, Alaska, introduced Amendment 3 (U.5). He
said Amendment 3 (U.5) sought to deal with an oversight in the
drafting of the rewrite of AS 04 regarding establishments who
hold a large resort endorsement. He said Amendment 3 (U.5)
started on SCS CSHB 189, version U, page 4, line 25 through page
5, line 12 and deleted all of section 9. He said a new section 9
that's slightly rewritten was inserted and the crux of the
change to that section is found on line 18 of the amendment,
following number 2. He read the following added language: "in
the areas of a licensed premises covered by a large resort
endorsement, but excluding the areas of the premises originally
covered by the licensees' beverage dispensary or beverage
dispensary tourism license where alcohol is being served, for
the purpose of travel, travel lodging, or outdoor recreation
activities provided by the large resort, if the person is". He
explained that this language would allow for children to
traverse the hallways, the rooms, and the other similar common
areas of a large resort. He noted that Ms. Wilson of the Alcohol
and Marijuana Control Office (AMCO) was available to answer
questions.
12:37:56 PM
CHAIR BJORKMAN asked Ms. Wilson to comment on Amendment 3 (U.5).
12:38:32 PM 12:38:05
JOAN WILSON, Director, Alcohol and Marijuana Control Office
(AMCO), Anchorage, Alaska, provided further explanation of
Amendment 3 (U.5) for HB 189. She noted that an endorsement is
defined in AS 04.09.400 and does one of two things. It expands
the boundaries of a licensed premises, or it expands the
authorized activities of a licensed premises. She noted that the
applicant for an endorsement must demonstrate that the holder of
the license has the authority over and will exercise control
over conduct in all areas of a licensed premises, including
premises newly licensed by the endorsement. She emphasized that
the Alaska Alcoholic Beverage Control (ABC) board takes very
seriously expansions of licensed premises and will look to
things like making sure licensees like hotel Alyeska have
security plans and additional employees in place to make sure
children in common areas are not accessing alcohol that might
be, for example, left in a hallway. She said the other key thing
about Amendment 3 (U.5) is that it required that if a child was
going to be in a common area, they're there for the purpose of
travel, travel lodging or an outdoor recreation entity. She
acknowledged that one would not find a kid in a bar for any of
those purposes, but Amendment 3 (U.5) makes very clear that, as
long as the child is there running down the hallway or has their
skis on their back and is trying to get to the tram, it's
absolutely fine [and would be allowed]. She said the licensee
themselves would ensure that those children don't accidentally
or purposefully, on the child's part, access alcohol. She
expressed confidence that Amendment 3 (U.5) cured the defect [in
AS 04], which was difficult (or impossible) to enforce.
12:40:20 PM
CHAIR BJORKMAN removed his objection; found no further objection
and announced that Amendment 3 (U.5) was adopted.
12:40:36 PM
CHAIR BJORKMAN solicited the will of the committee.
12:40:40 PM
SENATOR GRAY-JACKSON moved to report Senate committee substitute
(SCS) for CSHB 189, work order 33-LS0697\U, from committee with
individual recommendations and attached fiscal note(s).
12:40:54 PM
CHAIR BJORKMAN found no objection and SCS CSHB 189(L&C) was
reported from the Senate Labor and Commerce Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB251 Draft Proposed CS ver R.pdf |
SL&C 5/11/2024 9:00:00 AM |
HB 251 |
| HB251 Memo on Draft CS ver R 24-271boo.pdf |
SL&C 5/11/2024 9:00:00 AM |
HB 251 |
| HB251 Fiscal Note DNR-AGR 05.11.24.pdf |
SL&C 5/11/2024 9:00:00 AM |
HB 251 |
| HB189 Draft Proposed Amendment U.5.pdf |
SL&C 5/11/2024 9:00:00 AM |
HB 189 |