Legislature(2013 - 2014)BARNES 124
03/26/2014 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB316 | |
| HB370 | |
| HB281 | |
| HB336 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 370 | TELECONFERENCED | |
| += | HB 281 | TELECONFERENCED | |
| *+ | HB 336 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 316 | TELECONFERENCED | |
HB 336-ALCOHOL SALES NEAR SCHOOL/CHURCH
4:36:59 PM
CHAIR OLSON announced that the final order of business would be
the HOUSE BILL NO. 336, "An Act relating to sales of alcoholic
beverages near a school or church."
4:37:03 PM
REPRESENTATIVE TARR, Alaska State Legislature, as sponsor,
stated HB 336 was introduced at the request of students at Clark
Middle School. In her neighborhood several stores near schools
sell alcohol, and some students have encountered situations in
which they feel unsafe, including intoxicated individuals who
engage in inappropriate behavior such as urinating in public or
fighting. These students discussed the issues and suggested
this bill as one piece of that effort, noting students have also
been working on conditional use permits for liquor stores. This
is an opportunity to think about the future and contemplate
whether these uses are compatible uses. This bill would extend
the buffer zone for alcohol sales and schools from 200 feet to
400 feet. However, this isn't a new idea and bills were
previously introduced in 2001. Per the National Conference of
State Legislatures (NCSL), 35 other states have a distance
restriction, and of those, 25 have some limitation between 300
and 1,000 feet. Thus, the current 200-foot restriction is
relatively low and 400 feet seemed to be a good remedy for a
situation in which uses may not be compatible ones. The liquor
businesses are not at fault, and like any other businesses,
these stores provide jobs in the community. In addition, she
offered her appreciation for the economic impact businesses have
on the community; however, in these instances the incompatible
uses has arisen. Again, this bill would change the restriction
for alcohol sales from within 200 to within 400 feet from a
public entrance of a church or school.
4:40:33 PM
MIKE COONS stated that he is changing his testimony from an
earlier e-mail submission, since he now understands why this
bill is being brought forward. He asked whether any issues have
arisen with respect to the school, and if so, he was certain it
would have resulted in school lockdowns. He also wondered
whether students were sneaking out. Now that he is better
informed, he wonders how many schools will be affected and if
this problem is a statewide epidemic. He asked whether police
could patrol the vicinity when students are likely to be walking
near the schools. However, he did not see the need for a bill
to globally change the distance. He urged members not to pass
the bill and to let the communities make the needed changes.
REPRESENTATIVE REINBOLD said she appreciated his comments. She
related an instance in her community in which the Wal-Mart was
built and applied for a liquor license. The community council
voted against it but the assembly approved the license. She
said it was tough for the community to deal with the issue. She
appreciated this bill being brought forward.
4:43:26 PM
KEIRA NOGGLE, Student, Clark Middle School, spoke in support of
HB 336. She stated that preventing a store, bar, or club from
serving or selling liquor within 400 feet of a school is
important to her because she wants to feel safe going to and
from school. She has been harassed when she has walked past the
liquor store by inebriated people who whistled at her. She said
that these inebriates harm and harass students. It is unfair
that students at Clark Middle School must go through this. She
urged members to please support HB 336.
4:44:39 PM
DEVIN OWENS, Student, Clark Middle School, offered support for
HB 336, preventing a store, bar, or club from serving or selling
liquor within 400 feet of a school, which is important because
intoxicated people do thoughtless things to youth. This student
has personally experienced an intoxicated person trying to break
into a student's car while the car was occupied. Further,
intoxicated people try to pressure young adults to drink alcohol
and also harass them. She maintained that Clark Middle School
students should not be subjected to the inappropriate behavior.
4:45:42 PM
MARY WILLOYA, Student, Clark Middle School, offered support for
HB 336. This is important because people drink and sleep near
the schools and students encounter inebriates as they walk to
and from their homes and school. She said that she tries to
avoid the intoxicated people because they make her feel unsafe
and scared. She urged members to support HB 336.
4:46:34 PM
NYA NUER BIDIT, Student, Clark Middle School, offered her
support for HB 336. This is important because of drunk driving.
She has nearly been hit by an intoxicated driver while walking
home, which is not an experience students should encounter.
Students should not have to encounter intoxicated people. She
urged members to support HB 336.
4:47:23 PM
ALEXANDER ALVEREZ, Student, Clark Middle School, offered support
for HB 336, as it is important because students are harassed by
intoxicated people who are constantly asking for spare change
and money. He said he doesn't want that to happen to students.
He urged members to support HB 336.
ALYSHIA PATTERSON, Student, Clark Middle School, offered support
for HB 336 because she walks past both liquor stores daily and
is harassed. She described an incident in which intoxicated
people followed her and some of her friends. They yelled
inappropriate things and threw liquor bottles on the ground that
nearly injured her friend. Even trying to avoid inebriates by
turning corners wouldn't stop them. She offered her belief that
this can happen to any student walking home and she did not
think it was fair. She urged members to support HB 336.
4:49:08 PM
DWYNE NICKOLS, Student, Clark Middle School, offered support for
HB 336. This is important to him because students should be
afforded the same opportunities to walk in safe neighborhoods as
other students. He urged members to support HB 336.
4:49:54 PM
DAVID COLLINS, Student, Clark Middle School, offered support for
HB 336 because intoxicated people harass students, fight, and
ask for change. Many of them are near the school and liquor
store and walk on the school property, which is why he doesn't
want liquor stores to be near the school.
4:50:58 PM
REPRESENTATIVE HERRON asked whether the students have pursued
the Municipality of Anchorage's (MOA) nuisance provision
process. He said that if there is a constant stream of
complaints against a business the community can start a process
to close the business.
REPRESENTATIVE TARR responded that she and the students have
been trying to work through the permit renewal process. She
referred to an article in members packets entitled "Assembly
requires new permitting for [two] Mountain View liquor stores."
She said that she has been using the conditional use provisions
rather than attempting to close the stores down. If problems
can't be resolved using the conditional use process, the
nuisance process will be the next step. She related that the
store owners have come before the Mountain View Community
Council on several occasions and she appreciated the store
owners' positions as responsible business owners. She hoped
this bill would help keep a future action from happening.
4:52:46 PM
KEIRA NOGGLE said that the students haven't tried the nuisance
process but believe the bill is a great bill to pass.
4:53:15 PM
REPRESENTATIVE HERRON said the sponsor indicated the local
community council has been working on conditional use permits;
however, he recalled when he worked as a city manager one store
was difficult to work with so a nuisance law was put into place.
He suggested the sponsor could try parallel tracks to address
the issue since the nuisance process is different than the
conditional use permit. He said one aspect with the nuisance
process is that the police must respond to each complaint.
Again, if the students complain through the nuisance process it
would not interfere with the conditional use process. He also
suggested the nuisance process could help document the frequency
of problems.
4:54:37 PM
REPRESENTATIVE HERRON suggested increasing the restriction to
1,000 feet and aim high rather than to take the minimum
approach.
REPRESENTATIVE TARR appreciated the support. She reported that
most states restrict alcohol sales from 300-1000 feet, so the
starting point is 400 feet; however, she is open to extending
the buffer.
4:55:45 PM
REPRESENTATIVE MILLETT asked how many liquor stores are near
Clark Middle School that would fall within the 400 [feet] area.
REPRESENTATIVE TARR answered two liquor stores fall within 400
feet of Clark Middle School. She said that if this provision
was in place, that they would be need to be relocated.
4:56:34 PM
REPRESENTATIVE MILLETT asked whether liquor store owners were
contacted to find out if they were willing to cooperate.
REPRESENTATIVE TARR answered yes; that a subcommittee has been
working on it. She acknowledged that some tension exists since
businesses want to operate profitable businesses yet still meet
the requirements of the law. However, the businesses were aware
that students have encountered intoxicated individuals and feel
unsafe. The liquor stores have been receptive to the negative
community response. She reiterated she has been working with
the business owners to understand their position, noting that
these stores are operating legal businesses. She pointed out
that this really highlights the need for additional substance
abuse treatment, which is a long-term solution. She described
the bill and [nuisance process] as intermediate steps.
4:58:04 PM
REPRESENTATIVE MILLETT suggested that if the liquor store owners
had children attending the school they might better understand
the issue.
REPRESENTATIVE TARR agreed.
4:58:15 PM
REPRESENTATIVE SADDLER said he was not hearing that this problem
is statewide problem, but rather that it seems like a local
problem. He offered his support for the approach Representative
Herron suggested. He asked whether the current liquor stores
would be grandfathered in under the bill.
REPRESENTATIVE TARR agreed they would be grandfathered in.
4:58:50 PM
REPRESENTATIVE SADDLER related he did not know much about
zoning, but he was unsure how effective the bill would be for
new construction for bars. He suggested that the patrons of the
store seem to be the issue rather than the store. He wondered
how the additional 200 feet would address the problem since it
doesn't take long to walk that extra distance.
REPRESENTATIVE TARR recognizes this bill won't affect these
establishments, which is the reason to simultaneously pursue the
conditional use process. However any current schools or
churches will not be affected by the bill, but due to the
current discussion of charter schools and new school
development, this bill identifies a problem that might be
avoided in the future. She acknowledged that Representative
Herron's suggestion to extend the buffer is a good one. She
indicated that incompatible uses can exist and if 200 feet isn't
an adequate distance, she agreed extending the buffer could
help. This could be a useful tool worth considering, but she is
taking other steps to address the substance abuse, acknowledging
that although this bill is not about substance abuse issues, it
is one part of several things that can be done.
5:01:27 PM
REPRESENTATIVE SADDLER was unsure how is this is a useful tool
to combat alcohol abuse.
REPRESENTATIVE TARR said that one of the things is to discourage
kids from abusing alcohol. She would like to shield students
from the types of experiences they have had with inebriated
persons near the school. She suggested that students spend
their school day thinking about their future and how to be
responsible, but walk outside to see something in stark
contrast. She would prefer to have students walk away with
positive messages to mull over rather than having the negative
encounters and potentially be encouraged to try substances,
which should be avoided.
5:03:17 PM
PAUL FUHS, Lobbyist, Fairview Business Association, said that
the association has supported the bill, but it is part of a
general bigger problem. He suggested that if one store is
closed or is restricted it will show up someplace else. He said
that "we live with this every day." He anticipated that
legislators will hear more and more of this until something is
done to resolve it. He offered to provide written comments,
which suggests a "no sell list" for habitual problem drinkers to
focus on the problem and not on the business. The Fairview
Business Association further suggests a case-managed and
coordinated treatment program using alcohol tax funds. He said
an increase in alcohol taxes was passed to provide additional
funds for treatment.
5:04:18 PM
CHAIR OLSON asked if it was an increase in alcohol tax in 2002.
MR. FUHS agreed the increase was $.10 per drink with about half
of the amount currently being spent on treatment.
5:04:29 PM
MR. FUHS said that the Cabaret, Hotel, Restaurant, and
Retailer's Association's (CHARR) and the Municipality of
Anchorage's official position is that alcohol tax funds should
be spent on treatment. He characterized the current situation
as being unacceptable.
[HB 336 was held over.]