Legislature(2023 - 2024)BARNES 124
01/22/2024 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB143 | |
| HB115 | |
| HB192 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 115 | TELECONFERENCED | |
| *+ | HB 192 | TELECONFERENCED | |
| += | HB 143 | TELECONFERENCED | |
| += | HB 159 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 192-DELIVERY/PICK UP OF ALCOHOL; LICENSING
4:27:21 PM
CHAIR SUMNER announced that the final order of business would be
HOUSE BILL NO. 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."
4:27:42 PM
SARENA HACKENMILLER, Staff, Representative Jesse Sumner, Alaska
State Legislature, on behalf of Representative Sumner, prime
sponsor, explained that HB 192 would allow package store license
holders to sell alcohol via curbside pick-up and delivery.
Delivery and curbside pick-up service options boomed during the
COVID 19 pandemic. This allowed many Alaska retailers to stay
in business and provided a way for consumers to access goods
while maintaining distance. At the time statutes prohibiting
the pick-up and delivery of alcohol were suspended.
4:28:32 PM
MS. HACKENMILLER explained that the statute prohibiting pick-up
and delivery of alcohol was suspended by Governor Dunleavy in
April 2020 COVID 19 Order of Suspension Number Two. The
suspensions were renewed in November 2020 but expired on March
3, 2021. During this one-year period no infractions related to
these services were reported. This success shows that Alaska
could now administer the suspended laws as Alaska law and allow
an avenue for businesses to provide this service to Alaska's
citizens. She cited statistics concerning the number of states
offering curbside pickup and delivery of alcohol as well as the
ages of consumers using this type of service. She pointed out
the advantages to retailers and customers.
4:30:09 PM
MS. HACKENMILLER presented the sectional analysis for HB 192
[included in the committee packet], which reads as follows
[original punctuation provided]:
Section 1: AS 04.09.230(e) amends sub-section (4) to
add an exception under (h) and implements a
requirement for a package store delivery endorsement
under AS 04.09.470 or consumer delivery license under
AS 04.09.380 for the delivery of alcoholic beverages
to a person not present on the licensed premises.
Sec. 2. AS 04.09.230(f) is amended to clearly
communicate (h) cannot be violated within the amended
statute.
Sec. 3. AS 04.09.230 is amended by adding new
subsections to allow the holder of a package store
license to offer curbside pickup of alcoholic
beverages if the alcoholic beverage is sealed or
package in a closed bottle or can by the manufacturer
or sealed, tamper-proofed, and labeled in a growler by
the holder.
Furthermore, an agent or employee who is not an
independent contractor and has completed an alcohol
server education course delivers the alcoholic
beverage from the licensed premises to the purchaser
at the location described in the next paragraph of
this sectional analysis and requires the purchaser to
provide identification and acceptable proof of age.
House Bill 192 also includes the following sub-
sections to better define the bill:
•The holder designates a parking place less than 225
feet from the entry to the package store premises for
pickup of alcoholic beverages.
•The transaction is not prohibited under AS 04.16.030
•The holder provides written information regarding the
license and curbside pickup on a form prescribed by
the director.
•The holder consents to an inspection of the area
designated for curbside pickup, excluding private
vehicles, at all reasonable times and in a reasonable
time and in a reasonable manner by an officer or
employee charged with enforcing the alcoholic beverage
control laws and the regulations of the board or by a
peace officer acting in the official capacity of a
peace office.
Sec. 4. AS 04.09 is amended by adding a new section
named "Sec. 04.09.380. Consumer deliver license" which
allows the holder of a package store license, or a
person who contracts with or employs individuals for
the delivery of retail goods to consumers, or an
agent, employee, or independent contractor of the
holder or person to deliver alcoholic beverages from
the license premise of a package store to an
individual who is located off the licensed premises.
Furthermore, the holder of a consumer license or the
agent, employee, or independent contractor of the
holder may deliver an alcoholic beverage only to an
individual who meets the following criteria:
•Is 21 years of age or older
•Provides identification and acceptable proof of age
under AS 04.21.050(b)
•Places the order for purchase of the alcoholic
beverage, is designated by the purchaser as a delivery
recipient, or is located at the delivery address
provided by the purchaser.
The holder of a consumer delivery license may deliver
an alcoholic beverage outside the hours of operation
of the package store if the holder receives the order
for purchase during the hours permitted under AS
04.16.010 and the individual delivering the alcoholic
beverage completes the delivery within a reasonable
amount of time after leaving the package store.
If the holder of a consumer delivery license does not
hold a package store license, the holder of the
package store license is not liable for an action of
the holder of the consumer delivery license or an
agent, employee, or independent contractor of the
holder of the consumer delivery license relating to an
alcoholic beverage delivered from the package store,
including delivery to an individual under 21 years of
age in violation of AS 04.16.051 or a drunken person
in violation of AS 04.16.030.
An individual may not deliver an alcoholic beverage
under this section unless the individual is 21 years
of age or older and holds a valid driver's license.
The holder of a consumer delivery license or the
agent, employee, or independent contractor of the
holder may not deliver an alcoholic beverage under
this section who is in an area where the sale of
alcoholic beverages has been restricted under AS
04.11.491.
The holder of a consumer delivery license commits the
offense of failure to comply with the terms of a
consumer delivery license if the person sells
alcoholic beverages in violation of (a) in this
statute or fails to comply with the requirements of
(b), (c), (e), or (f) of this section. Failure to
comply with the terms of a consumer delivery license
is a violation.
Sec. 5. AS 04.09.480(c) is amended to insert AS
04.09.230(h) on sub-section B within (1) as an
additional accordance to subdivide alcoholic beverages
in response to a purchase request from a person who is
on the licensed premises or purchase order submitted.
Sec. 6. AS 04.11.400(i) is amended to replace sub-
section (11) with the following language: "consumer
delivery license issued under AS 04.09.380." The
former sub-section (11) is reformatted in section 6 to
sub-section (12).
Sec. 7. AS 04.21.020(a) is amended to replace AS
04.11.080 04.11.220 with AS 04.09.020 04.09.380
[AS 04.09.020 04.09.370]. Sec. 8. AS 09.65.315(b) is
amended to replace AS 04.09.020-04.09.370 with AS
04.09.020 04.09.380 [AS 04.09.020 04.09.370].
Sec. 9. This Act takes effect on the effective date of
sec. 13, ch. 8, SLA 2024.
4:36:19 PM
REPRESENTATIVE FIELDS noted that he generally supported the
concept. He questioned the chain of responsibility for service
regarding onsite sales versus delivery to someone's home. He
questioned who was responsible if alcohol were provided to
someone under the age of 21 or inebriated.
4:37:03 PM
MS. HACKENMILLER clarified that if a third party is delivering
the alcohol from a package store license holder, then the
delivery agent is liable.
REPRESENTATIVE FIELDS asked whether the bill sponsor's staff had
talked to Legislative Legal Services about the definition of the
term "independent contractor." He expressed concern that the
application-based employers are trying to avoid workers'
compensation (workers' comp) and wanted clarification regarding
labor law.
4:38:13 PM
CHAIR SUMNER replied that his office had not reached out to
Legislative Legal Services or the Department of Law but would.
REPRESENTATIVE FIELDS said it was his understanding that under
current law some transportation network companies were exempted,
but others were not exempted from workers' comp
responsibilities. He questioned whether this should be
available to breweries or package stores.
4:39:07 PM
CHAIR SUMNER explained that Representative Fields could make an
amendment at a future date.
REPRESENTATIVE CARRICK requested clarification regarding whether
"package store" includes stores such as Fred Meyers with alcohol
sections as well as a Brown Jug-type of establishment.
MS. HACKENMILLER replied in the affirmative.
REPRESENTATIVE CARRICK brought up the question of whether a
person who is younger than 21 could pick up and deliver alcohol.
4:40:30 PM
CHAIR SUMNER replied that it still would be illegal and compared
it to a purchase at a package store.
MS. HACKENMILLER said the committee would have some industry
experts testify to explain how other states approach the issue
of sales to under-age individuals.
REPRESENTATIVE CARRICK asked whether a person driving from point
A to point B while transporting alcohol has to be 21 years old.
4:42:19 PM
CHAIR SUMNER drew attention to Section 4, lines 9-12 of HB 192.
4:42:45 PM
REPRESENTATIVE SADDLER asked whether, under HB 192, there would
be a limit to the number of delivery licenses. Referring to
Section 4, he questioned how the delivery license holder would
confirm the identity of the purchaser.
MS. HACKENMILLER replied that the details of how that is done
will be explained by the industry testimony at the next meeting.
4:44:16 PM
CHAIR SUMNER corrected his earlier statement and referred the
committee to Section 4, lines 29-30.
4:44:50 PM
REPRESENTATIVE PRAX asked whether there was information
regarding what solutions other states have to prevent what would
essentially be bootlegging.
4:45:29 PM
CHAIR SUMNER announced that HB 192 was held over.