Legislature(2007 - 2008)CAPITOL 17

04/07/2008 03:00 PM House LABOR & COMMERCE


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03:07:26 PM Start
03:07:37 PM Confirmation Hearings|| Alaska State Board of Public Accountancy|| Alcoholic Beverage Control Board|| State Board of Registration for Architects, Engineers, and Land Surveyors || Board of Barbers and Hairdressers|| Board of Chiropractic Examiners|| Board of Marine Pilots|| Board of Marital and Family Therapy|| Occupational Safety and Health Review Board|| State Physical Therapy and Occupational Therapy Board|| Board of Professional Counselors|| Board of Psychologist and Psychological Associate Examiners|| Real Estate Commission|| Regulatory Commission of Alaska (rca)|| Board of Veterinary Examiners|| Workers' Compensation Appeals Commission|| Alaska Workers' Compensation Board
03:08:04 PM SB305
03:19:32 PM SB263
03:36:00 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 263 ARCHITECTS, ENGRS, SURVEYORS BD/EXEMPTION TELECONFERENCED
Moved Out of Committee
+ SB 305 RECORKING WINE SERVED WITH A MEAL TELECONFERENCED
Moved Out of Committee
Bills Previously Heard/Scheduled
SB 305-RECORKING WINE SERVED WITH A MEAL                                                                                      
                                                                                                                                
3:08:04 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced that the next order of business would be                                                                  
SENATE BILL  NO. 305, "An Act  relating to recorking,  sealing, or                                                              
packaging  of wine  served with  a meal and  removal of  recorked,                                                              
sealed, or packaged wine from licensed premises."                                                                               
                                                                                                                                
3:08:18 PM                                                                                                                    
                                                                                                                                
DANA  OWEN,   Staff  to   Senator  Johnny   Ellis,  Alaska   State                                                              
Legislature,  stated on  behalf of  the bill  sponsor, the  Senate                                                              
Labor  & Commerce  Committee,  that  SB 305  is  identical to  the                                                              
identical  to [HB  51] that  passed the  House of  Representatives                                                              
last year.   He characterized  SB 305 as  a bill that  addresses a                                                              
safety issue.   He opined that  Alaska's laws have a  bias towards                                                              
overconsumption  of alcohol.   Under SB  305, customers  can order                                                              
wine and  not feel compelled  to drink  the entire bottle  of wine                                                              
at  the restaurant  since the  bottle  can be  recorked and  taken                                                              
home.                                                                                                                           
                                                                                                                                
3:09:25 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after  first  determining  no one  else  wished  to                                                              
testify, closed public testimony on SB 305.                                                                                     
                                                                                                                                
3:09:39 PM                                                                                                                    
                                                                                                                                
MR. OWEN,  in response to  Representative Buch, answered  that the                                                              
language in SB 305 is identical to last year's bill.                                                                            
                                                                                                                                
REPRESENTATIVE  GATTO inquired as  to whether similar  legislation                                                              
has been introduced in any state and failed to pass.                                                                            
                                                                                                                                
MR. OWEN said  he not sure.   He noted that 34 states  have passed                                                              
similar recorking  laws.   In further  response to  Representative                                                              
Gatto,  Mr. Owen  answered  that  while it  may  be reasonable  to                                                              
require that a partially  empty wine bottle be placed  in a tamper                                                              
proof bag,  SB 305  would require  the Alcoholic Beverage  Control                                                              
Board ("ABC Board")to  set by regulation a method  to seal bottles                                                              
that are  not corked.  Thus,  bottles that were  originally sealed                                                              
with a cork  are resealed in such  a way that a  mechanical device                                                              
is  necessary to  reopen  the  bottle.   He  offered  that if  the                                                              
bottle is  a screw  cap type  bottle, the  bottle would  be sealed                                                              
under regulations developed by the ABC Board.                                                                                   
                                                                                                                                
3:11:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  characterized   SB  305  as  a  means  to                                                              
encourage  sales  since  the  bill   would  encourage  patrons  to                                                              
purchase  a  higher  quality  of   wine  or  perhaps  purchase  an                                                              
additional bottle  of wine.  While  she said she has  no objection                                                              
to SB 305, she  stated that the primary objective  is to sell more                                                              
wine, with a side  benefit that people will not  feel compelled to                                                              
drink the entire bottle of wine.                                                                                                
                                                                                                                                
3:12:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  agreed  with Representative  Gardner.    He                                                              
pointed  out that  otherwise the  proprietor might  only sell  one                                                              
glass of  wine, but since the  person can purchase the  bottle and                                                              
take any  remaining wine  home that the  proprietor can  sell more                                                              
wine  to  customers.    He inquired  as  to  whether  the  sealing                                                              
process would  entail a screw  on cap that  is tamper proof  or if                                                              
the wine would be resealed with a cork.                                                                                         
                                                                                                                                
MR. OWEN  offered his understanding  that a bottle  not originally                                                              
sealed with  a cork, would be sealed  with a seal approved  by the                                                              
ABC Board.   He  surmised that  it might  be sealed  with a  paper                                                              
seal.    However,  he  noted that  the  ABC  board  would  develop                                                              
regulations for  recorking and resealing  wine.  He added  that if                                                              
the wine bottle is  sealed by a cork, it must  be recorked in such                                                              
a fashion that the cork cannot be removed by hand.                                                                              
                                                                                                                                
3:13:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  inquired as to  whether a screw  top bottle                                                              
could be corked as a means of resealing it.                                                                                     
                                                                                                                                
MR. OWEN  said he  was not  sure.   He surmised  that it would  be                                                              
resealed in another fashion.                                                                                                    
                                                                                                                                
3:14:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  inquired if  someone purchases a  bottle of                                                              
wine  and does  not  consume  it  whether another  customer  could                                                              
purchase the remainder of the bottle.                                                                                           
                                                                                                                                
MR.  OWEN answered  that  he  did not  know  for certain  if  that                                                              
arrangement could be made.                                                                                                      
                                                                                                                                
3:15:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  revisited   her   earlier  question   and                                                              
inquired as  to whether wine that  originally had a screw  top can                                                              
physically be corked  or if another method must be  used for those                                                              
types of bottles.                                                                                                               
                                                                                                                                
MR. OWEN answered  that he wasn't sure if it could  be corked.  He                                                              
surmised  that assuming  that the  cork would  work that it  would                                                              
meet the intent  of the bill, which  is to allow wine  to be taken                                                              
off premises to be consumed at home.                                                                                            
                                                                                                                                
CHAIR  OLSON explained  that screw  top and  regular wine  bottles                                                              
that have  the same  size neck can  easily be  corked with  a tool                                                              
designed for that purpose.                                                                                                      
                                                                                                                                
3:17:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN moved  to report  SB 305  out of  committee                                                              
with  individual  recommendations   and  the  accompanying  fiscal                                                              
notes.   There  being no  objection, SB  305 was  reported out  of                                                              
committee.                                                                                                                      
                                                                                                                                
The committee took an at-ease from 3:17 p.m. to 3:19 p.m.                                                                       
                                                                                                                                

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