Legislature(1997 - 1998)

02/27/1998 03:25 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 458 - GOLF COURSE BEER/WINE LICENSE                                         
                                                                               
Number 0093                                                                    
                                                                               
CHAIRMAN ROKEBERG announced the committee's first item of business             
was HB 458, "An Act relating to establishing a golf course                     
alcoholic beverage license to allow sales of beer and wine; and                
providing for an effective date."  He stated HB 458 was coming in              
as a committee bill.  He referred to information in the committee              
members' packets and explained that the City of Palmer and its golf            
course ran into a problem after the course's establishment a few               
years ago.  Chairman Rokeberg said he believed what occurred was               
that approximately concurrent with the establishment of the Palmer             
Municipal Golf Course, a regulation was passed by the Alcoholic                
Beverage Control (ABC) Board for a municipal golf course license in            
15 AAC 104.670, providing that a beer and wine license could be                
obtained by a municipal golf course with a minimum of nine holes               
covering 1,200 yards ["120 yards" stated on tape] for a biennial               
fee of $400.  He indicated he believed the ABC Board had no real               
authority to do that, commenting there was a provision in the                  
statutes which "gave them a little bit of a wrinkle there."                    
Chairman Rokeberg said the problem with the license is that the                
beer and wine could be served in the building but not taken                    
outside, which he indicated is a traditional golf course practice.             
He said that beverages are traditionally available at the "turn"               
between the ninth and tenth holes, and, in the more luxurious golf             
courses, beverages are often sold from a cart driven around the                
course.                                                                        
                                                                               
Number 0326                                                                    
                                                                               
CHAIRMAN ROKEBERG indicated a golf course would have to have a                 
"package store license" to sell alcohol to be taken outside, and               
therefore, in Alaska, a golf course would be required to have both             
a beer and wine license and a package store license to allow these             
traditional functions which revolve around a recreational golf                 
course area.  He believed the testimony would show the difficulties            
the City of Palmer has had with this particular issue, noting the              
issue first came to his attention almost two years ago; he had                 
hoped something could have been worked out in the interim but it               
has not been.  Chairman Rokeberg also commented on the                         
proliferation of golf course development and planned golf course               
development in Alaska and worldwide.  He said golf is a growing                
sport because of changing demographics and aging populations, and              
he indicated the bill, in addition to clearing up the statute to               
help out the municipal golf courses, is also designed to encourage             
the development of golf courses throughout the state which meet                
minimum standards.  He said, "Also to make sure that it didn't come            
in the population count.  ... As you all know, there are certain               
restrictions on the number of types of licenses that relate to                 
population, so this bill exempts that."  He stated a course had to             
be "championship in nature."  Although only nine holes are                     
required, half of a true championship course, he said it has to be             
a long course, referring to Version K and indicating the committee             
might want to adjust those standards slightly.  Chairman Rokeberg              
noted it was questionable whether the Mendenhall golf course in                
Juneau would qualify.                                                          
                                                                               
REPRESENTATIVE BILL HUDSON commented the new one would though.                 
                                                                               
Number 0556                                                                    
                                                                               
CHAIRMAN ROKEBERG referred to information in the packets,                      
commenting that the Weeping Trout Sports Resort in Haines would                
also be too short to qualify because it wasn't championship in                 
nature.  He stated that it usually required a capital investment of            
well in excess of a million dollars to develop a true championship             
golf course of at least nine holes, noting HB 458 would be helpful             
to the economic development of the area and the building of golf               
courses.  He stated there were approximately three witnesses                   
waiting to testify.                                                            
                                                                               
Number 0613                                                                    
                                                                               
REPRESENTATIVE JOHN COWDERY confirmed that all the laws governing              
the sale of alcohol, including sale to minors, would still apply.              
                                                                               
Number 0623                                                                    
                                                                               
CHAIRMAN ROKEBERG answered in the affirmative.  He indicated Mr.               
Griffin from the ABC Board was available for questions via                     
teleconference.                                                                
                                                                               
Number 0631                                                                    
                                                                               
REPRESENTATIVE COWDERY confirmed that possible existing                        
restrictions regarding things like liquor licenses being close to              
schools had been considered.                                                   
                                                                               
Number 0654                                                                    
                                                                               
CHAIRMAN ROKEBERG noted those restrictions did exist and had been              
considered.                                                                    
                                                                               
Number 0671                                                                    
                                                                               
REPRESENTATIVE JOE RYAN said that it appeared on the surface that              
anyone who consumes alcohol and plays golf would have a conflict of            
interest, noting that he did not do either and was declaring a non-            
conflict but was going to keep an eye on everybody else.                       
                                                                               
Number 0682                                                                    
                                                                               
CHAIRMAN ROKEBERG said he was a golf aficionado but could not                  
imbibe alcoholic beverages and play golf simultaneously, noting he             
therefore had no direct conflict of interest.                                  
                                                                               
Number 0710                                                                    
                                                                               
REPRESENTATIVE RYAN noted he had to go a House Health, Education               
and Social Services Standing Committee meeting for a bill.                     
                                                                               
Number 0715                                                                    
                                                                               
CHAIRMAN ROKEBERG stated the committee had a proposed committee                
substitute (CS) before it.                                                     
                                                                               
Number 0721                                                                    
                                                                               
REPRESENTATIVE HUDSON moved the adoption of Version L, proposed CS             
for HB 458, labeled 0-LS0507\L, Ford, dated 2/27/98.  He asked                 
unanimous consent.                                                             
                                                                               
Number 0729                                                                    
                                                                               
CHAIRMAN ROKEBERG requested that Representative Ryan return to the             
meeting at some point, commenting that it was the chairman's                   
intention to move HB 458 that day unless there were substantial                
problems.  He stated the proposed CS had been adopted, and                     
indicated the change from the original bill was on page 2, line 31,            
where the golf course size had been increased from 2,500 to 2,950              
yards.  He said they believe the new Muskey Meadow golf course in              
Wrangell is 3,035 yards, indicating they want to make sure that                
this is adequate to make a distinction between a true golf course              
and a smaller "pitch and putt (indisc.)" or executive course.                  
                                                                               
Number 0783                                                                    
                                                                               
JEFF BARNHART, Manager, Palmer Municipal Golf Course (Palmer Golf              
Course) and Russian Jack Springs Municipal Golf Course, testified              
via teleconference from Anchorage.  He referred to his letter which            
was in the bill packet, noting that the Palmer Municipal Golf                  
Course had run into many financial difficulties until the current              
year, and had become a drain on the City of Palmer's finances.  He             
said the course was turned over to a management group and is slowly            
turning around financially.  Mr. Barnhart commented on the liquor              
restriction; beer and wine can be sold but cannot leave the                    
building.  In the situation of tournaments, noting they have had               
nearly 60 tournaments a season, beer, wine and sodas have been                 
provided for entertainment and fund-raising purpose.  However, he              
indicated, he cannot sell any beer or wine on the course and people            
end up bringing their own because of the way the law is currently              
written.  He noted the alcoholic beverages are on the golf course,             
but he is not able to benefit or add any profit situation to the               
golf course.                                                                   
                                                                               
Number 0896                                                                    
                                                                               
MR. BARNHART also indicated he cannot sell alcoholic beverages to              
the course's weekend or mid-week players who would like to take a              
beer or two with them out onto the course or buy one at the turn               
shack.  Again, he has found these players simply bring it                      
themselves without restriction from the golf course, noting that is            
how these players enjoy their golf and he certainly wants them to              
continue to enjoy their golf.  However, he indicated this has put              
some economic strain on the golf course.  Mr. Barnhart said there              
is another problem, although not as significant, which he sees as              
a control problem.  He indicated he has no way of knowing, besides             
the standard indications of intoxication, how many alcoholic                   
beverages a person may have consumed on the course if that person              
then goes into the building to drink after a golf game.  He said               
they would have a better "handle" on alcohol consumption rates if              
they were the ones that were able to sell alcoholic beverages to               
these people, noting, again, that people are bringing it                       
themselves.  His understanding of the package store license is that            
(indisc.) could buy one, step outside the door and drink it with it            
still being lawful.  He said that if he's capable of selling beer              
or wine to people, he can prohibit people from bringing it or                  
introducing it to the golf course as is done at the state fair,                
noting introducing alcoholic beverages to the fairgrounds or                   
leaving the partitioned premises with it is not allowed.                       
                                                                               
Number 1013                                                                    
                                                                               
MR. BARNHART said the other thing (indisc.) is that the bill is                
more open than just to municipal golf courses, indicating the sale             
of alcoholic beverages is such a large area of profit, and such an             
expected part of a golf course out of state or for golf course                 
development in Alaska.  He commented, "You'd definitely want to be             
able to sell the beer and wine.  If you really, really had the                 
investment, you'd probably take it beyond that, which would make a             
large investment into a much more expensive liquor license."  Mr.              
Barnhart noted the cost of golf course development, commenting that            
the Palmer Golf Course was built for a little over $2 million and              
the land did not have to be purchased.  He said a large development            
could easily run $5 million dollars and every avenue to generate               
the income would certainly be needed, noting that was generally his            
concern.  He said he has had meetings with the Municipality of                 
Anchorage regarding its desires for the Russian Jack Springs Golf              
Course, and does not know if it would ever be pursued, but he said             
if it was available, it could certainly become more of an issue for            
them to deal with.  Mr. Barnhart stated the Palmer Golf Course                 
definitely needs it, commenting that the golf course has probably              
drained off nearly $2 million dollars out of the city's funds and              
has created problems for many years.  He said they have turned it              
around but will need help to continue growth as other golf courses             
are developed in the area, indicating Fort Richardson is expanding             
to an 18-hole course.  He noted they need to be able to compete, or            
at least keep their heads above water, so that the golf course will            
be able to pay for itself and the Palmer taxpayers won't have to               
continue to support it.  He commented that this was the ultimate               
goal.                                                                          
                                                                               
Number 1130                                                                    
                                                                               
CHAIRMAN ROKEBERG asked if this problem could be solved if the golf            
course could purchase a package store license.                                 
                                                                               
Number 1137                                                                    
                                                                               
MR. BARNHART replied in the affirmative.  However, he said Palmer's            
demographics are so small and the political arena is such that the             
city's government does not want to compete against a private                   
citizen for that particular license if it became available.  He                
said the golf course had been rezoned and the boundaries of the                
city limits redrawn so the golf course would have to pay sales tax,            
indicating the city was very growth-oriented and did not want to be            
in competition with the public for the "growth money."                         
                                                                               
Number 1183                                                                    
                                                                               
CHAIRMAN ROKEBERG asked how many yards the Russian Jack Springs                
Golf Course was.                                                               
                                                                               
Number 1200                                                                    
                                                                               
MR. BARNHART replied that the Russian Jack course was "just shy" of            
3,000 yards, depending on tee position.                                        
                                                                               
CHAIRMAN ROKEBERG asked if it would qualify at 2,950 yards from the            
tips.                                                                          
                                                                               
MR. BARNHART responded that length would require some                          
reconfiguration, indicating a 2,500 yard requirement would allow               
the course to qualify.  He noted that measurement is a tough one,              
as they had previously discussed, questioning what set of tees is              
the yardage measurement taken from.                                            
                                                                               
Number 1216                                                                    
                                                                               
CHAIRMAN ROKEBERG noted he would say for the maximum yardage, to               
the benefit of the course.                                                     
                                                                               
Number 1221                                                                    
                                                                               
MR. BARNHART stated he thought 2,500 yards would be a very                     
comfortable yardage for any developer, even for a nine-hole,                   
executive-style course which he said is a popular style of course              
because of the lower amount of land needed.  He indicated he thinks            
any developer would build a nice golf course if the minimum yardage            
was 2,500.                                                                     
                                                                               
Number 1241                                                                    
                                                                               
CHAIRMAN ROKEBERG noted that the limits had been raised in the bill            
to 2,950 yards.                                                                
                                                                               
MR. BARNHART said he thought that the tee configuration at the                 
Russian Jack Springs Golf Course could be conformed to that.                   
                                                                               
Number 1254                                                                    
                                                                               
CHAIRMAN ROKEBERG indicated the intention was to only have truly               
real golf courses qualify rather than executive or "pitch and putt"            
courses.                                                                       
                                                                               
Number 1261                                                                    
                                                                               
MR. BARNHART indicated the "mom and pop" backyard courses would be             
eliminated by this legislation, noting he thought that was the way             
to go.  He said there wasn't the developmental money, for one.  Mr.            
Barnhard indicated he thinks they need to use this as a pro-                   
development tool.  He said he thinks when they want to build more              
tourist attractions or more things for tourists to do, that these              
tourists should be going to a better-quality, nicer golf course,               
indicating he doesn't think a "mom and pop" backyard, four-hole                
course should be able to sell beer and wine.  Mr. Barnhart said he             
thinks this is designed correctly and is pro-development.                      
                                                                               
Number 1297                                                                    
                                                                               
CHAIRMAN ROKEBERG asked Mr. Barnhart if he was a member of the                 
Professional Golfers' Association of America (PGA).                            
                                                                               
MR. BARNHART answered in the affirmative.                                      
                                                                               
CHAIRMAN ROKEBERG confirmed that Mr. Barnhart was a golf "pro."  He            
noted the committee would go first to the two witnesses in Juneau.             
                                                                               
Number 1335                                                                    
                                                                               
DON DAPCEVICH, Executive Director, Governor's Advisory Board on                
Alcoholism and Drug Abuse, came forward to testify.  He said he has            
been instructed by the board to speak in opposition to HB 458.  He             
noted he was an avid golfer and he speaks personally and                       
professionally against this.  He stated they just keep finding new             
ways to get new outlets to sell alcohol in Alaska.  He said Alaska             
would have to increase its population to 1,575,000 people to                   
conform to the existing rules with regards to distilled spirits.               
He reiterated that they keep finding more ways to sell more alcohol            
in Alaska, and they "keep burying the fruits of those sales by all             
the problems" they have in the criminal justice and court systems.             
Mr. Dapcevich noted his other concern was that this bill appears to            
limit access to golf by youth, if golf courses become one large                
beer and wine license facility.  He said, from a public policy                 
standpoint, he thinks this is poor public policy and would speak               
against the bill.                                                              
                                                                               
Number 1416                                                                    
                                                                               
CHAIRMAN ROKEBERG referred to Mr. Dapcevich's statement that he was            
an avid golfer and asked him if all the real golf courses he has               
played have served alcoholic beverages.                                        
                                                                               
Number 1426                                                                    
                                                                               
MR. DAPCEVICH replied that most do serve alcoholic beverages.                  
                                                                               
Number 1431                                                                    
                                                                               
CHAIRMAN ROKEBERG asked if he could name one that didn't.                      
                                                                               
Number 1435                                                                    
                                                                               
MR. DAPCEVICH recalled he has played several courses in Arizona and            
California that do not allow alcohol on the course but do sell it              
in the bars.                                                                   
                                                                               
Number 1446                                                                    
                                                                               
CHAIRMAN ROKEBERG noted Mr. Dapcevich indicated the Governor's                 
Advisory Board on Alcohol and Drug Abuse had instructed him to                 
oppose HB 458.  He asked if the board had met on this very bill.               
                                                                               
MR. DAPCEVICH replied that the board had considered all the bills              
in its winter meeting, noting HB 458 was the last bill the board               
had considered at its meeting in Juneau the previous week, on the              
day this bill had been introduced.                                             
                                                                               
Number 1468                                                                    
                                                                               
CHAIRMAN ROKEBERG stated he was glad the board had a chance to look            
at it.  He asked Mr. Dapcevich if he drank alcohol.                            
                                                                               
MR. DAPCEVICH answered in the negative.                                        
                                                                               
Number 1489                                                                    
                                                                               
CHAIRMAN ROKEBERG called Fred James to testify, indicating Mr.                 
James had signed the witness register for HB 458 and was from                  
Palmer.                                                                        
                                                                               
FRED JAMES indicated he wished to testify on HB 400, but said he               
liked HB 458.                                                                  
                                                                               
Number 1507                                                                    
                                                                               
REPRESENTATIVE HUDSON asked if the advisory board's control over               
licenses was principally relating to population, and if that was               
the biggest concern, that this does not relate to population or                
proximity to schools and things of that nature.                                
                                                                               
Number 1536                                                                    
                                                                               
MR. DAPCEVICH said the board's concern is that the number of                   
outlets for alcohol in the state keep growing "by leaps and bounds"            
far beyond the intent or the spirit of the statute.  He indicated              
this is just another one of those special conditions making alcohol            
even more accessible in Alaska, which already has a significant                
alcohol problem.                                                               
                                                                               
Number 1558                                                                    
                                                                               
REPRESENTATIVE HUDSON noted the outside recreational aspect of                 
golf, indicating he thought this seemed to be of less social harm              
than many of the other situations where alcoholic beverages were               
available.                                                                     
                                                                               
Number 1585                                                                    
                                                                               
MR. DAPCEVICH responded he would not suggest that a beer and wine              
license was more detrimental than a distilled spirits license in               
terms of the social harm it does.                                              
                                                                               
Number 1600                                                                    
                                                                               
REPRESENTATIVE COWDERY said it was his observation that golfers                
sometimes drive for good distances to play golf.  He said golfers              
could presently bring their own alcoholic beverages to the course,             
asking if that was correct.                                                    
                                                                               
Number 1628                                                                    
                                                                               
CHAIRMAN ROKEBERG replied they could to the Palmer Golf Course but             
he thought it varied, depending on the particular course's rules               
and regulations, and it was very customary to restrict the use of              
personal alcohol on courses.  He referred to Mr. Barnhart's                    
testimony, indicating he believed that if the Palmer Golf Course               
had this license, it would be able to better control alcohol                   
consumption on the course because the course management could                  
prohibit the importation of alcoholic beverages not purchased from             
the clubhouse or golf course.                                                  
                                                                               
Number 1658                                                                    
                                                                               
REPRESENTATIVE COWDERY indicated there seemed to be a freedom issue            
as well.  He noted he was not normally a beer consumer, mentioning             
restaurants.   He said if people go to the golf course and this is             
what they want, it was more of a "freedom thing" and they should               
give this ability to the course owners to enhance that.                        
                                                                               
Number 1701                                                                    
                                                                               
CHAIRMAN ROKEBERG responded:  1) that it was clear in their                    
statutory scheme that the state has a compelling interest to                   
regulate alcohol consumption; and 2) the rules and regulations of              
a private, public or quasi-public premise rules of conduct                     
(indisc.) that each individual organization and private club, for              
example, should be able to make up their own rules, noting he                  
didn't think there were any infringements on right here.  He asked             
Mr. Dapcevich if the advisory board had ever supported the creation            
of a new type of liquor license.                                               
                                                                               
Number 1741                                                                    
                                                                               
MR. DAPCEVICH answered, "Absolutely not."                                      
                                                                               
Number 1744                                                                    
                                                                               
CHAIRMAN ROKEBERG noted, then, that the board's opposition to this             
license was not inconsistent with its ongoing policy to oppose any             
new outlets, et cetera.  He asked if that was correct.                         
                                                                               
MR. DAPCEVICH answered in the affirmative.                                     
                                                                               
Number 1753                                                                    
                                                                               
CHAIRMAN ROKEBERG said then that the board did not make a                      
distinction as to whether this license would be less harmful vis- -            
vis any other type of license.                                                 
                                                                               
Number 1758                                                                    
                                                                               
MR. DAPCEVICH replied only with respect to the matter of youth                 
being served by golf courses and also being exposed to alcohol                 
under this scenario, noting that makes it somewhat different from              
other licenses and more onerous.                                               
                                                                               
Number 1778                                                                    
                                                                               
CHAIRMAN ROKEBERG noted he hoped that in this society this would               
not lead to further uncontrolled and improper abuse of alcoholic               
beverages.                                                                     
                                                                               
Number 1792                                                                    
                                                                               
MR. DAPCEVICH clarified that the board was not prohibitionist; the             
board is opposed to any new licenses or any licenses that go beyond            
the spirit and the statute with regards to population base and                 
alcohol sales in the state.                                                    
                                                                               
Number 1806                                                                    
                                                                               
CHAIRMAN ROKEBERG stated the committee would take testimony next               
from Doug Griffin, and appreciated any direction Mr. Griffin could             
give the committee on this bill.                                               
                                                                               
Number 1824                                                                    
                                                                               
DOUG GRIFFIN, Director, Alcoholic Beverage Control Board, testified            
via teleconference from Anchorage [NOTE:  FURTHER TESTIMONY SHOWS              
MR. GRIFFIN'S INITIAL STATEMENTS WERE BASED ON THE ORIGINAL VERSION            
OF HB 458, NOT THE PROPOSED CS].  He said the best way for him to              
approach it was from a technical, then policy, side.  He said the              
city manager of the City of Palmer had come to the ABC Board in                
approximately August of 1996 addressing this issue, and the board              
at that time suggested the purchase of a package store license.  He            
indicated, given the local politics and the availability of                    
municipal funds, that may not have been an option.  Mr. Griffin                
said there was no question that the board was "at loggerheads" with            
the Palmer Golf Course and the City of Palmer on that point.  Based            
on that situation, he would have to say that the board still thinks            
a package store license is the best option for the golf course,                
commenting that it would also be in opposition to creating a new               
license and license type.  He said the board tries to accommodate              
the needs of people to have access to alcoholic beverages within               
the existing license structure and it tries very much to use the               
current general license structure to meet needs as these needs                 
arise.  Mr. Griffin noted the authority in the regulation for                  
creating a municipal golf course license had been mentioned.  He               
indicated that license was created somewhat in response to a                   
request from the City of Palmer when it started its municipal-type             
golf course, which was unique at time.  He noted he was not the                
director of the ABC Board at that time, nor did he believe any of              
the current members were serving, but the statutory authority he               
would cite for that action by the board was AS 04.06.100,                      
subsection (14), "creation of classifications of licenses or                   
permits not provided for in this title;" which basically says that             
the board, by regulation, can create classifications of licenses or            
permits not provided for in that title.  He noted, therefore, that             
the board has a fairly broad mandate in the creation of new                    
licenses and probably could have done so when so requested by the              
City of Palmer a couple of years ago.  He said the board had not               
chosen to do so because it felt that the licenses were out there.              
He indicated the board thought that if the City of Palmer felt this            
was necessary as a business decision, the license would be                     
purchased, and he understood the financial hardship associated with            
this Mr. Barnhart mentioned.  Mr. Griffin said he thought the board            
would be opposed to HB 458 just because it does create an                      
additional license and a new type of license.                                  
                                                                               
Number 1972                                                                    
                                                                               
MR. GRIFFIN indicated there were some real problems from a                     
technical point of view.  He said the board thinks an unintended               
consequence of the bill is that the entire golf course would become            
the licensed premise, and he thinks it is very clear that is what              
the bill does.  He said, in effect, the area of the whole golf                 
course was being made into a bar, and all kinds of statutes from               
Title 4 would come into play.  However, he said, most importantly,             
anyone under the age of 21 would be legally prohibited from                    
entering and remaining on the premises of the golf course unless               
accompanied by a parent or legal guardian - it would be the same as            
a minor entering and remaining in a bar.  So, even though the ABC              
Board has the policy concerns, he said that is why the board, in               
its discussions with Palmer's city manager and others, thought the             
package store approach made the most sense.  He noted this was what            
was used at the Anchorage Golf Course on O'Malley Road; a person               
could go in, buy a couple of beers and consume them on the course,             
and he commented that there is no legal prohibition in Alaska                  
against consuming alcohol in public, assuming the person is of                 
proper age and not creating any other kind of nuisance in doing so.            
He said that from a technical standpoint this solution would be                
less problematic for the people they were trying to assist.  Mr.               
Griffin emphasized the board was opposed from a policy point, but,             
he said, if the committee really wanted to do this, in order to                
make this thing work better, he recommended the establishment of               
some type of municipal golf course package store license.  He                  
indicated limiting the license to beer and wine might make it a                
little easier.  Mr. Griffin said he was available for questions,               
noting Bill Roche, Enforcement Supervisor, Alcoholic Beverage                  
Control Board, was also available.                                             
                                                                               
Number 2128                                                                    
                                                                               
CHAIRMAN ROKEBERG stated it had not been the committee's intent to             
limit youth golfing and he indicated clarification had been                    
requested from the drafter to make certain the bill did not do                 
these very things brought to the committee's attention by Mr.                  
Griffin and Mr. Dapcevich.  Chairman Rokeberg indicated he was                 
asking Mr. Griffin if language replicating the beer and wine                   
license and package store license would make him more comfortable.             
                                                                               
Number 2167                                                                    
                                                                               
MR. GRIFFIN said that would accomplish what the committee was                  
trying to accomplish; the board would still be opposed to it, but              
would be a lot less opposed.  He noted a good point had been made,             
giving the example of a recreational site license approved by the              
ABC Board for the racetrack not too far from the Palmer Golf                   
Course.  He noted part of the rationale used was the same issue Mr.            
Barnhart had raised, the management of the premise would have more             
control.  He indicated, however, he did not think it would be                  
enough to convince the board to create another type of license.  He            
said that aspect does make some sense if it went hand in hand with             
prohibiting people from bringing their own alcohol onto the course,            
noting he thinks management could do this as a matter of policy if             
they provided through their own package store.                                 
                                                                               
Number 2221                                                                    
                                                                               
CHAIRMAN ROKEBERG stated Mr. Griffin said the board would oppose               
this on the policy it did not want to create another license but he            
suggested that they would not really be creating another license;              
they would be replacing an existing regulation that specifies a                
municipal golf course license which this bill would terminate.  He             
said basically the regulatory license promulgated by the board                 
would be replaced by a statutory license.                                      
                                                                               
Number 2247                                                                    
                                                                               
MR. GRIFFIN said that was a good point.  He noted the scope of the             
existing license the board created through regulation was being                
expanded, indicating he was not sure how the board would look on               
that.                                                                          
                                                                               
Number 2281                                                                    
                                                                               
CHAIRMAN ROKEBERG stated, "I also suggest to you, sir, that by                 
raising the yardage requirements up that -- the municipal                      
regulation now is only 1,200 yards, we're - we're raising it up to             
a real substantial investment and a ... major construction-type                
project which would be intended to generate tourism and (indisc.)              
be an amenity to a community, and would - would necessitate the                
scope of activities including environmental impact statements and              
full public hearings before a course could even be built, and                  
therefore would have a lot of public input on it."  He indicated it            
would not be somebody's back yard "pitch and putt" ["20 acres"                 
stated on tape].  Although he noted Mr. Griffin was correct in that            
HB 458 expanded the scope of the license from the municipality to              
anybody in the public or private sector and he appreciated Mr.                 
Griffin's testimony.  Chairman Rokeberg stated they had requested              
the bill drafter, Mike Ford, to inform the committee of his                    
intentions in the drafting of the bill.  Chairman Rokeberg noted               
the instructions had been given to draft the bill in such a manner             
that it would meet the criticisms which have been raised, and he               
said, either Mr. Ford would convince then all, or the bill would be            
held over until the language was corrected, because they did not               
want the bill to contain anything which would restrict the use of              
a recreational facility by youth.  Chairman Rokeberg indicated to              
Mr. Ford that Version L had been adopted by the committee but                  
concern had been raised by page 2, new section 04.11.115, "(a) A               
golf course license authorizes the licensee to sell and serve beer             
and wine for consumption on licensed premises located on a golf                
course."  The chairman noted it went on to say in subsection (c) on            
line 21 "... and a detailed diagram that clearly identifies a                  
proposed area that constitutes the licensed premises. ...", and                
testimony from the ABC Board and other sources states that a                   
boundary is being delineated which would be analogous to one big               
bar.                                                                           
                                                                               
Number 2428                                                                    
                                                                               
MR. GRIFFIN stated that they had just received a copy of the                   
proposed CS and he thinks it may address those issues.  He                     
requested a minute to review the current version.                              
                                                                               
Number 2443                                                                    
                                                                               
CHAIRMAN ROKEBERG asked Mr. Ford what he did to fix this.                      
                                                                               
TAPE 98-20, SIDE B                                                             
Number 0007                                                                    
                                                                               
MIKE FORD, Attorney, Legislative Legal and Research Service,                   
Legislative Affairs Agency, came forward to testify.  As he                    
understands the problem, they do not want to describe licensed                 
premises as being the golf course, so in this version he has                   
attempted to restrict the licensed premises to a building or a                 
motor vehicle on the golf course, not to the entire course.  He                
said if that has not been achieved, changes can be made, but he                
believes the proposed CS should solve that problem of having an                
entire golf course become off limits to people under age 21.                   
                                                                               
Number 0052                                                                    
                                                                               
CHAIRMAN ROKEBERG said that then the problem becomes that all good             
golfers want to encourage walking, not riding golf carts, and he               
asked what happens to the walking golfer under Mr. Ford's                      
definition on page 3.                                                          
                                                                               
Number 0070                                                                    
                                                                               
MR. FORD replied he didn't see that as being a problem.  A person              
could still walk up to the motorized vehicle and partake if the                
person chose, but the person would not be required to ride a cart.             
                                                                               
Number 0085                                                                    
                                                                               
CHAIRMAN ROKEBERG asked if a person could carry an open container              
down the fairway and consume it.                                               
                                                                               
Number 0102                                                                    
                                                                               
MR. FORD confirmed that Chairman Rokeberg was referring to walking             
with a can of beer.  He said he would like to hear what the ABC                
Board thought of that, commenting that if it was necessary, new                
language could be created.                                                     
                                                                               
Number 0131                                                                    
                                                                               
CHAIRMAN ROKEBERG noted that was a constituent element everyone saw            
there, indicating the situation where the entire boundaries of the             
golf course is described as the licensed premise because of the                
impact on underage people.                                                     
                                                                               
Number 0150                                                                    
                                                                               
MR. FORD clarified that they were talking simply about sales of                
beer, not possession.  He noted Chairman Rokeberg was speaking of              
possession walking on the course.  Mr. Ford said possession is                 
currently allowed and that shouldn't be a problem.                             
                                                                               
Number 0180                                                                    
                                                                               
MR. GRIFFIN stated that was correct.  He indicated they had looked             
the proposed CS over and it appears the committee has addressed the            
board's concern about the licensed premise issue, noting he thinks             
Mr. Ford has clearly done that.  He stated he thinks this is okay              
and the technical aspect has been addressed.                                   
                                                                               
Number 0224                                                                    
                                                                               
CHAIRMAN ROKEBERG noted there had been earlier testimony stating               
there was no prohibition on the consumption of alcohol, with the               
restriction of no open container in a motor vehicle.                           
                                                                               
Number 0248                                                                    
                                                                               
There was a brief discussion between Chairman Rokeberg, Mr. Ford               
and Mr. Griffin regarding the term "motor vehicle," and whether it             
was necessary to add the language "unlicensed" to indicate that the            
motor vehicle in question on the golf course would most likely be              
a motorized golf cart.                                                         
                                                                               
Number 0368                                                                    
                                                                               
MR. GRIFFIN stated he did not think there was going to be a                    
problem, noting he did not think they need to call it an unlicensed            
vehicle.  He indicated the vehicle clearly needed to be operated               
safely and in way that was not hazardous to anyone.                            
                                                                               
Number 0432                                                                    
                                                                               
CHAIRMAN ROKEBERG thanked Mr. Ford for his testimony.  He stated               
that concluded the testimony on HB 458; the committee would hold               
the bill over for a short period and proceed with the meeting                  
agenda.                                                                        
                                                                               
HB 458 - GOLF COURSE BEER/WINE LICENSE                                         
                                                                               
Number 2236                                                                    
                                                                               
CHAIRMAN ROKEBERG indicated HB 458 was back before the committee.              
He stated he would entertain a motion on Version L, the proposed CS            
for HB 458 labeled 0-LS0507\L, Ford, dated 2/27/98.                            
                                                                               
Number 2243                                                                    
                                                                               
REPRESENTATIVE COWDERY made a motion to move Version L.                        
                                                                               
Number 2245                                                                    
                                                                               
CHAIRMAN ROKEBERG asked if there were any objections.  There being             
none, he stated CSHB 458(L&C) was so moved with the attached zero              
fiscal note and individual recommendations.                                    
                                                                               

Document Name Date/Time Subjects