Legislature(2013 - 2014)
04/07/2014 03:24 PM House L&C
| Audio | Topic |
|---|---|
| Start | |
| HB357 | |
| HB254 | |
| HB336 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 357-ACCESS TO LICENSED PREMISES
3:24:36 PM
CHAIR OLSON announced that the first order of business would be
HOUSE BILL NO. 357, "An Act relating to the purchase of
alcoholic beverages at a club and to access by certain persons
under 21 years of age to a club's licensed premises when
alcoholic beverages are present."
3:24:52 PM
REPRESENTATIVE SADDLER, speaking as prime sponsor of HB 357,
explained that this bill is an access bill. He explained that
HB 357 does not allow anyone under the 21 to drink alcohol.
Instead, the bill could be considered an access bill, with two
elements. Section 1 relates to service members over the age of
21. This bill makes it easier for them and their spouses to
enjoy companionship in the clubhouses of service and patriotic
clubs, such as the Veterans of Foreign Wars (VFW) or American
Legion. These are great organizations where veterans and active
duty soldiers can relax with their friends and spouses and enjoy
the special understanding and support from others who have been
there and understand the rigors of military life. The
legislature recognizes these values, and since 2006, active duty
personnel over the age of 21 can enter such clubs using their
military identification cards (IDs). He referred to page 1,
line 10 of HB 357, which limits access to special occasions,
noting this bill removes that limitation.
REPRESENTATIVE SADDLER said this bill allows spouses ages 21 and
over, as well. Section 2 relates to soldiers under the age of
21 and allows them to enter licensed premises of patriotic clubs
if they are members or if they are guests of members. Again, he
reiterated that this bill does not allow anyone under the age of
21 to drink alcohol. He commented that military commanders will
sometimes use these clubs to hold off-base commanders calls to
welcome soldiers home, to give them a sendoff, or to share
important information with them. He surmised that dividing the
young and older soldiers could erode morale. He said this bill
would allow soldiers under the age of 21 to enter such clubs if
they are members or guests of members. Section 3 provides
conforming language regarding the allowance for club admission
granted in Section 2, emphasizing that this bill does not permit
underage soldiers to drink alcohol, but rather clarifies that
soldiers over the age of 21 and their spouses don't have to wait
for a special occasion to visit patriotic clubs. It would
further clarify that soldiers under the age of 21 can visit if
they are club members or guests. He suggested that showing
support for this bill would show that the legislature wants to
accommodate the special needs of the young men and women in
uniform who defend our freedom.
3:27:37 PM
REPRESENTATIVE REINBOLD remarked that this allows not only the
spouse but also for someone under the age of 21 to visit the
establishment.
REPRESENTATIVE SADDLER answered yes.
3:28:21 PM
REPRESENTATIVE REINBOLD asked the differences between patriotic
clubs and a regular restaurant or bar that serves alcohol.
REPRESENTATIVE SADDLER responded that Alaska law allows access
to persons under the age of 21 to enter if accompanied by an
adult, but it does not allow them to drink.
3:29:03 PM
REPRESENTATIVE JOSEPHSON asked whether some fraternization rules
were unique to the military, but he assumed that those rules can
coexist under the bill.
REPRESENTATIVE SADDLER answered that this bill does not address
fraternization.
3:29:33 PM
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on HB 357.
3:29:54 PM
SHIRLEY COTE, Director, Alcoholic Beverage Control Board (ABC
Board), Department of Commerce, Community & Economic
Development, said she was available for questions and the board
was neutral on the bill.
REPRESENTATIVE REINBOLD asked whether she had any concerns.
MS. COTE answered that underage persons are not allowed to drink
on the premises.
3:31:07 PM
REPRESENTATIVE REINBOLD referred to page 2, line 16 of HB 357,
which read, in part, "(3) the person is under the age of 16
years, is accompanied by a person over the age of 21 years, the
parent or guardian of the underage person consents, the premises
are designed by the board as a restaurant for the purpose of
this section, and the person enters and remains only for
dining...." She asked whether the board is comfortable with
this language.
MS. COTE answered yes; plus she pointed out added language that
states the person is permitted on the premises under AS
04.11.110(g), which is the club license. Thus, the club would
be treated in a similar fashion to the restaurant.
3:32:02 PM
REPRESENTATIVE REINBOLD asked how parents would give permission
for youth to be on premises.
MS. COTE explained permission would happen in the same way that
it currently happens with restaurants. In the event the ABC
Board receives complaints about underage drinking, the board
would investigate this activity. Additionally, she stated that
parents or guardians consent to coaches bringing kids to have
pizza; but it is up to the school and the restaurant licensee to
ensure that the activity is in compliance with the law.
3:33:01 PM
CHAIR OLSON pointed out that establishments also have liquor
licenses [and revocation] could be a "heavy hammer."
REPRESENTATIVE SADDLER said that the language in paragraph (3)
that Representative Reinbold highlighted is existing statute and
this bill does not change the law for people under 16.
3:33:26 PM
REPRESENTATIVE REINBOLD related a scenario in which VFW would
change its atmosphere to more of a "Denny's" type restaurant.
She did not see letters of support and wondered if any
controversy exists.
REPRESENTATIVE SADDLER referred to a letter of support from a
former communed state commander of the VFW and from the
commander of post 10029 in members' packets. He emphasized that
VFW's are used as family meeting places. He recalled the Eagle
River post 9785 facility frequently rents out its downstairs for
public events although the upstairs has a licensed premise. He
reminded members that this bill does not pertain to person under
the age of 16 accessing licensed premises.
3:34:30 PM
REPRESENTATIVE REINBOLD acknowledged she has been to many
events, but she said she has always been a guest and has been
invited to attend. She wanted to be certain the people who
frequent these facilities are comfortable with this and it
sounds like that is the case.
REPRESENTATIVE SADDLER related that he was in Eagle River for
the Vietnam Veteran's welcome home day ceremony and was
encouraged to pursue this bill, thus there has been interest in
his home town for the bill.
3:35:11 PM
REPRESENTATIVE JOSEPHSON asked whether this bill would include
the Elks or Moose club or only to military affiliations.
REPRESENTATIVE SADDLER related his understanding that a
patriotic license is distinct from the fraternal organizations.
MS. COTE explained that the club license authorizes a club or
organization, which is a club for fraternal organization,
patriotic organization, or social organization that has been
chartered by a state or national organization for a period of
two consecutive years prior to an application for a license
under the section. Or it could be chartered by the national
organization that has maintained a chartered club or
organization for 20 years in the state. Thus, if a club meets
either one of those criteria, it can have a club license.
REPRESENTATIVE JOSEPHSON said it sounds like the answer is yes.
3:36:22 PM
REPRESENTATIVE JOSEPHSON asked whether the [Benevolent and
Protective Order of] Elks Club and {Loyal Order of] Moose club
fall under this rubric.
MS. COTE answered yes.
REPRESENTATIVE REINBOLD moved to report HB 357 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 357 was reported from the
House Labor and Commerce Standing Committee.
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