Legislature(2013 - 2014)BARNES 124
02/28/2014 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB288 | |
| HB213 | |
| HB282 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 288 | TELECONFERENCED | |
| *+ | HB 282 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 213 | TELECONFERENCED | |
HB 213-GOLF COURSE ALCOHOLIC BEVERAGE LICENSES
3:34:57 PM
CHAIR OLSON announced that the next order of business would be
HOUSE BILL NO. 213, "An Act relating to golf course alcoholic
beverage licenses."
3:35:53 PM
REPRESENTATIVE JOHNSON made a motion to rescind the action to
move the [CSHB 213(L&C)] from committee. There being no
objection the action was rescinded. [HB 213, as amended, was
now before the committee.]
3:36:08 PM
KONRAD JACKSON, Staff, Representative Kurt Olson, Alaska State
Legislature, explained that on February 10, 2014 the committee
took up HB 213. During that meeting Conceptual Amendment 1 was
offered to change from "and" to "or" on page 2, line 11.
Conceptual Amendment 1 was adopted and the bill was moved from
committee [as the CSHB 213 (L&C)]. The [Legislative Legal
Counsel] legal drafter explained that this small change may have
caused some unintended consequences, which would allow persons
under the age of 16, unaccompanied by a person 21 or older, to
enter a golf course restaurant or bar where liquor was being
served. After conversations with each committee member and the
bill sponsor, Representative Thompson, it was agreed this was
not the intention of the amendment. The sponsor has developed
alternate language to allow youth under the ages of 16 to play
golf, unaccompanied by someone 21 years of age or older, on a
golf course where a restaurant serving liquor is located, but
not to enter a golf course restaurant or bar unaccompanied.
Therefore, he recommended the committee rescind its action in
adopting Conceptual Amendment 1.
CHAIR OLSON [the committee treated it as though he had
previously objected and he] removed his objection.
3:38:21 PM
REPRESENTATIVE JOHNSON made a motion to rescind action on
adopting Conceptual Amendment 1. There being no further
objection, the motion to adopt Conceptual Amendment 1 was
rescinded. [HB 213 was now before the committee.]
REPRESENTATIVE JOHNSON made a motion to adopt the proposed
committee substitute (CS) for HB 213, labeled 28-LS0868\0,
[Strasbaugh, 2/20/14,] as the working document [Version O].
CHAIR OLSON objected for the purpose of discussion.
3:39:01 PM
BRODIE ANDERSON, Staff, Representative Steve Thompson, Alaska
State Legislature, on behalf of the prime sponsor,
Representative Steve Thompson, explained the changes in Version
O. He reiterated the importance of one word. He referred to
page 1, lines 5-6, which adds language as follows, "from April
15 through November 15 of a calendar year." This language would
essentially make the golf course liquor license a seasonal
license, he said.
MR. ANDERSON next referred to page 2, lines 8-15, AS 04.16.049
(a) which adds language, as follows:
4) the premises are licensed under AS 04.11.115 and the
person enters and remains on the licensed premises
(A) only for golfing; or
(B) only for dining, or for both golfing and
dining, if
(i) the person is at least 16 years of age; or
(ii) the person is under 16 years of age, is
accompanied by a person over 21 years of age, and the
parent or guardian of the underage person consents.
MR. ANDERSON explained that this language definitely clarifies
the issue of an underage minor golfing versus the minor eating
at the golf course restaurant. He explained that proposed AS
04.16.049 (a) (4) (A) would allow the minor to be on the golf
course to play golf. He explained that proposed AS 04.16.049
(a)](4)(B) would allow for dining or for both golfing and dining
if (i) the person is at least 16 years of age; or [ii] the
person is under 16 years of age, is accompanied by a person over
21 years of age, and the parent or guardian of the underage
person consents. He further explained that this language would
allow an underage person to be on the golf course for the
purpose of golfing, but if the youth desires to eat in a
restaurant the language complies with standard rules that
require an adult accompany the youth.
3:41:30 PM
MR. ANDERSON returned to the change [on page 1, lines 5-6, which
adds language as follows, "from April 15 through November 15 of
a calendar year."]. He explained that this language also will
limit the golf course liquor license to a seasonal license.
This language was developed after much discussion about golf
courses obtaining full beverages on golf courses since year
round licensure may allow golf courses to compete with other
establishments [that adhere to license requirements for a full
beverage license.] This language represents a compromise to
allow golf courses to move forward and serve full beverages on
the course but not unintentionally compete year round with other
establishments serving alcoholic beverages. For example, the
value of a full beverage license in Anchorage could be up to
$200,000 and $70,000 in Fairbanks.
The committee took a very brief at-ease.
3:42:43 PM
CHAIR OLSON stated the committee also just received a letter
that addresses some of the concerns of the Alaska Cabaret,
Hotel, Restaurant, & Retailer's Association (CHARR). He was
unaware that CHARR was not supportive of the bill, but he noted
the Alcoholic Beverage Control Board (ABC Board) has weighed in
and does not have any concerns. He asked whether the sponsor
was aware of CHARR's issues with the bill.
MR. ANDERSON answered that during the debate he became aware of
some issues related on the perceived value to the golf course
liquor license, which would also be competing with the full
liquor license; however, he was under the impression that a
compromise had been achieved with respect to seasonal and full
beverage service. He had understood that if a golf course
wanted full beverage service off-season the owner would go
through the process to obtain a full liquor license. He further
understood that CHARR held an advisory meeting last night to
discuss the issue.
CHAIR OLSON stated that to the best of his knowledge his office
had not been contacted by CHARR. He reported that the ABC Board
identified the issue which arose with the language change [in
CSHB 213(L&C) that passed out of committee on 2/10/14] from
"and" to "or."
3:45:31 PM
REPRESENTATIVE HERRON asked whether this current point has
previously been taken up by the ABC Board.
3:45:53 PM
SHIRLEY COTE, Executive Director, Alcoholic Beverage Control
Board, Department of Commerce, Community & Economic Development
(DCCED), asked Representative Herron to repeat the question.
REPRESENTATIVE HERRON asked whether the ABC Board has had a
similar situation arise, such that a seasonal operation versus
year round operation [had issues on the type of beverage license
and competition.]
MS. COTE stated that currently licensees apply for seasonal
licenses for which the licensee would pay half of the biennial
fee. She reported that currently four of the eight golf courses
that have licenses are seasonal and the remaining four golf
courses have year round licenses.
3:46:56 PM
CHAIR OLSON offered his belief that the issue is significant
enough to hold the bill over.
[HB 213 was held over.]