Legislature(2023 - 2024)BARNES 124
02/23/2024 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB37 | |
| HB192 | |
| SB45 | |
| HB314 | |
| SB45 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 318 | TELECONFERENCED | |
| *+ | HB 314 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| *+ | HB 175 | TELECONFERENCED | |
| *+ | HB 203 | TELECONFERENCED | |
| += | SB 37 | TELECONFERENCED | |
| += | HB 192 | TELECONFERENCED | |
| += | SB 45 | TELECONFERENCED | |
HB 192-DELIVERY/PICK UP OF ALCOHOL; LICENSING
4:21:56 PM
CHAIR SUMNER announced that the next 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." [Before the committee, adopted as the working document
on 2/2/24, was the proposed committee substitute (CS) for HB
192, Version 33-LS0753\B, C. Radford, 2/1/24 ("Version B").]
4:22:17 PM
CHAIR SUMNER moved to adopt Amendment 1 to Version B, labeled
33-LS0753\B.3, C. Radford, 2/10/24, which read:
Page 1, lines 16 - 20 of the amendment:
Delete all material.
REPRESENTATIVE RUFFRIDGE objected for purposes of discussion.
CHAIR SUMNER explained that amendment 1 would require a person
delivering alcohol to have a Techniques of Alcohol Management
(TAM) card.
REPRESENTATIVE RUFFRIDGE removed his objection. There being no
further objection, Amendment 1 was adopted.
CHAIR SUMNER noted that Amendment 2 would not be offered.
4:23:17 PM
REPRESENTATIVE CARRICK moved to adopt Amendment 3 to Version B,
labeled 33-LS0753\B.5, C. Radford, 2/13/24, which read:
Page 1, line 1, following "store":
Insert ", brewery, winery, or distillery"
Page 2, following line 30:
Insert new bill sections to read:
"* Sec. 4. AS 04.09.320(h) is amended to read:
(h) The holder of a brewery retail license
commits the offense of failure to comply with the
terms of a brewery retail license if the person
stores, sells, or serves brewed beverages in violation
of (a) of this section or violates (d), (e), [OR] (f),
or (j) of this section.
* Sec. 5. AS 04.09.320 is amended by adding a new
subsection to read:
(j) The holder of a brewery retail license may
offer curbside pickup of brewed beverages if
(1) the brewed beverage is sealed or
packaged in a closed bottle or can by the manufacturer
or sealed, tamper-proofed, and labeled in a growler by
the holder;
(2) an agent or employee who is not an
independent contractor and has completed an alcohol
server education course under AS 04.21.025 delivers
the brewed beverage from the licensed premises to the
purchaser at the location designated under (3) of this
subsection and requires the purchaser to provide
identification and acceptable proof of age under
AS 04.21.050(b);
(3) the holder designates a parking place
less than 225 feet from an entry to the brewery
premises for pickup of brewed beverages;
(4) the transaction is not prohibited under
AS 04.16.030;
(5) the holder provides written information
regarding the license and curbside pickup on a form
prescribed by the director; and
(6) the holder consents to an inspection of
the area designated for curbside pickup, excluding
private vehicles, at all reasonable times 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 officer.
* Sec. 6. AS 04.09.330(h) is amended to read:
(h) The holder of a winery retail license
commits the offense of failure to comply with the
terms of a winery retail license if the person stores,
sells, or serves wine in violation of (a) of this
section or violates (d), (e), [OR] (f), or (j) of this
section.
* Sec. 7. AS 04.09.330 is amended by adding a new
subsection to read:
(j) The holder of a winery retail license may
offer curbside pickup of wine, mead, or cider if
(1) the wine, mead, or cider is sealed or
packaged in a closed bottle or can by the manufacturer
or sealed, tamper-proofed, and labeled in a bottle or
can by the holder;
(2) an agent or employee who is not an
independent contractor and has completed an alcohol
server education course under AS 04.21.025 delivers
the wine, mead, or cider from the licensed premises to
the purchaser at the location designated under (3) of
this subsection and requires the purchaser to provide
identification and acceptable proof of age under
AS 04.21.050(b);
(3) the holder designates a parking place
less than 225 feet from an entry to the winery
premises for pickup of the wine, mead, or cider;
(4) the transaction is not prohibited under
AS 04.16.030;
(5) the holder provides written information
regarding the license and curbside pickup on a form
prescribed by the director; and
(6) the holder consents to an inspection of
the area designated for curbside pickup, excluding
private vehicles, at all reasonable times 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 officer.
* Sec. 8. AS 04.09.340(h) is amended to read:
(h) The holder of a distillery retail license
commits the offense of failure to comply with the
terms of a distillery retail license if the person
stores, sells, or serves distilled spirits in
violation of (a) of this section or violates (d), (e),
[OR] (f), or (j) of this section.
* Sec. 9. AS 04.09.340 is amended by adding a new
subsection to read:
(j) The holder of a distillery retail license
may offer curbside pickup of distilled spirits if
(1) the distilled spirits are sealed or
packaged in a closed bottle or can by the manufacturer
or sealed, tamper-proofed, and labeled in a bottle or
can by the holder;
(2) an agent or employee who is not an
independent contractor and has completed an alcohol
server education course under AS 04.21.025 delivers
the distilled spirits from the licensed premises to
the purchaser at the location designated under (3) of
this subsection and requires the purchaser to provide
identification and acceptable proof of age under
AS 04.21.050(b);
(3) the holder designates a parking place
less than 225 feet from an entry to the distillery
retail licensed premises for pickup of distilled
spirits;
(4) the transaction is not prohibited under
AS 04.16.030;
(5) the holder provides written information
regarding the license and curbside pickup on a form
prescribed by the director; and
(6) the holder consents to an inspection of
the area designated for curbside pickup, excluding
private vehicles, at all reasonable times 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 officer."
Renumber the following bill sections accordingly.
Page 5, line 31:
Delete "Section 9"
Insert "Section 15"
Page 6, line 1:
Delete "sec. 10"
Insert "sec. 16"
CHAIR SUMNER objected.
REPRESENTATIVE CARRICK explained that Amendment 3 would expand
the scope of the bill to include curbside delivery for products
from breweries, distilleries, and wineries in the state of
Alaska to provide parity between package stores and these
operations.
4:24:00 PM
A roll call vote was taken. Representatives Prax and Carrick
voted in favor of Amendment 3. Representatives Ruffridge,
Saddler, Wright, and Sumner voted against it. Therefore,
Amendment 3 failed by a vote of 2-4.
4:24:57 PM
CHAIR SUMNER moved to adopt Amendment 4 to Version B, labeled
33-LS0753\B.1, C. Radford, 2/7/24, which read:
Page 2, line 14:
Delete "three"
Insert "six"
Page 2, lines 15 - 25:
Delete all material and insert:
"(A) underwent [WAS GIVEN] a qualifying
medical examination
(i) upon the first employment as [BECOMING]
a firefighter that did not show evidence of the
disease;
(ii) at least once every two years [(B) WAS
GIVEN AN ANNUAL MEDICAL EXAM] during [EACH OF] the
first six [SEVEN] years of employment as a firefighter
that did not show evidence of the disease; and"
Page 2, line 30, following "cancer":
Insert ";
(4) the requirements of (3)(A) of this
subsection apply only if the firefighter's employer
makes the applicable qualifying medical examination
available to the firefighter"
REPRESENTATIVE CARRICK objected for purposes of discussion.
CHAIR SUMNER explained that Amendment 4 would remove the
distance requirement and replace it with the words "contiguous
to."
4:25:18 PM
REPRESENTATIVE SADDLER asked whether "contiguous" is defined in
the bill.
CHAIR SUMNER defined "contiguous" as directly conjoining without
intervening breaks.
4:26:33 PM
REPRESENTATIVE CARRICK asked whether the intent is to ensure
that curbside pickup is, in fact, curbside to the establishment,
as opposed to around the block.
CHAIR SUMNER answered yes.
REPRESENTATIVE CARRICK asked whether there is a similar
requirement for curbside pickup at grocery stores.
CHAIR SUMNER said not to his knowledge.
4:27:30 PM
REPRESENTATIVE PRAX imagined that curbside pickup in front of a
"big box" store could create a traffic jam.
CHAIR SUMNER supposed that there would be designated spots that
are curbside.
REPRESENTATIVE PRAX maintained his belief that curbside pickup
could backup traffic at larger stores.
4:29:52 PM
REPRESENTATIVE SADDLER suggested clarifying the intent by making
it the closest designated parking space to an entrance,
exclusive of the handicap parking space.
4:30:30 PM
The committee took an at-ease from 4:30 p.m. to 4:35 p.m.
4:35:03 PM
CHAIR SUMNER withdrew Amendment 4.
4:35:13 PM
REPRESENTATIVE SADDLER moved Conceptual Amendment 5 to Version B
to delete "less than 225 feet from an" on page 2, line 21, and
insert "that is the designated parking space closest to an". In
addition, insert the words "that is not a designated handicap
parking space" after the word "premises" on page 2, line 22.
There being no objection, Conceptual Amendment 5 was adopted.
4:36:34 PM
The committee took a brief at-ease at 4:36 p.m.
4:36:53 PM
REPRESENTATIVE RUFFRIDGE moved to report CSHB 192, Version 33-
LS0753\B, C. Radford, 2/1/24, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 192(L&C) was reported from the
House Labor and Commerce Standing Committee.