Legislature(1997 - 1998)

03/27/1998 08:10 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
 SENATE BILL NO. 233                                                           
"An Act extending the termination date of the Alcoholic                        
Beverage Control Board."                                                       
CS FOR SENATE BILL NO. 233(FIN)                                                
"An Act relating to membership on the Alcoholic                                
Beverage Control Board; extending the termination date                         
of the Alcoholic Beverage Control Board; relating to                           
sales of beer and wine on a golf course or at a                                
recreational site; relating to notice of alcohol-                              
related arrests; and providing for an effective date."                         
CS FOR SENATE BILL NO. 233(RLS)                                                
"An Act extending the termination date of the Alcoholic                        
Beverage Control Board; allowing sales of beer and wine                        
by a holder of a recreational site license while                               
recreation is occurring; defining 'recreational site';                         
defining 'golf course'; and providing for an effective                         
She then called SB 233 and explained the new work draft                        
version "E".  She said the sunset date would be the year                       
2002 and it would establish a new license for the golf                         
Senator Phillips MOVED CSSB 233, version "E" dated 3/20/98.                    
Senators Donley and Adams OBJECTED.                                            
Douglas B. Griffin, Director, Alcoholic Beverage Control                       
Board, Department of Revenue testified via teleconference                      
from Anchorage.  He advised the committee that Legislative                     
Budget and Audit came back with a recommendation that they                     
be continued.  Three findings in the audit were:  (1) the                      
Board did not take into consideration neighborhood concerns                    
regarding license action;                                                      
(Tape #102, Side B switched to Tape #103, Side A.)                             
...(2) working closely with government and other State                         
agencies; and (3) providing more teleconference access to                      
ABC meetings.  Moving on to the golf course issue, he said                     
there was a separate bill on the House side, sponsored by                      
the House Labor and Commerce Committee, HB 458, which did                      
create a new type of license for golf courses.  Many golf                      
courses around the State did have various types of liquor                      
licenses and generally it entailed a restaurant/eating                         
license to be able to serve beer and wine in the clubhouse.                    
Some also had package store licenses to be able to sell                        
alcoholic beverages to take out onto the course.  He said                      
the House Labor and Commerce Committee had convinced its'                      
chairman, Representative Norm Rokeberg, to accommodate golf                    
courses with a specialized license.  He further noted they                     
had worked closely with the House Labor and Commerce                           
Committee to improve the bill, however, the ABC board is                       
opposed to the golf course license part because it creates a                   
type of license that is not needed.  The ABC board is                          
opposed to bringing new licenses in, because in most                           
jurisdictions in the State there are more licenses than the                    
statutory quota as set forth.  He said they would,                             
therefore, have some problems with the add-on to the sunset                    
Senator Phillips asked the witness to be more specific as                      
far as the golf course.  Was there a particular golf course                    
that was interested in doing this?  Mr. Griffin said the                       
Palmer Golf Course was the unique golf course.  Senator                        
Phillips said he understood.                                                   
Senator Torgerson asked if there were other golf courses                       
that were interested in this bill.  Mr. Griffin further                        
concurred.  He did not have a copy of the Senate CS before                     
him but with regards to the House CSHB 458, latest version,                    
it would apply to any golf course of a certain length.  He                     
said this again reverted back to the ABC board concern of                      
creating more licenses.                                                        
Senator Donley asked if the municipality owned the liquor                      
license or if the contractor did?  Mr. Griffin commented and                   
said the contractor or manager owned the liquor license.                       
Co-chair Pearce asked how they sold liquor.  Mr. Griffin                       
said they wanted to sell liquor to those to take around the                    
golf course.  Presently at the Palmer golf course alcohol                      
cannot be carried off the deck from the clubhouse.  He said                    
they advised the golf course they could get where they                         
wanted to go by having a license for a package store on the                    
premise.  There is no law for prohibition of public                            
In response to a query from Co-chair Pearce, Mr. Griffin                       
said if there was a package store license on the premise                       
that would allow for the sale and then the individual could                    
take their purchase out on the course.  He said the                            
Anchorage golf course had a package store license and allows                   
for the sale.                                                                  
Senator Phillips asked if "Moose Run" was the same?  Mr.                       
Griffin advised that the military was not under their                          
jurisdiction, same as Elmendorf course.                                        
Senator Torgerson asked if there was another license that                      
would only authorize the sale of beer after a tournament or                    
during a tournament?  Mr. Griffin said there was a                             
recreational license available that one could obtain during                    
a tournament.  However, it was restrictive.  Senator                           
Torgerson indicated that the golf course in Soldotna was                       
interested but they did not want to have a package store.                      
They just want to be able to serve all the time rather than                    
just during the tournaments.  The Senator asked if the                         
language could be changed to authorize the sale within some                    
kind of recreational portion of the course?  Mr. Griffin                       
said they could do the same as the Palmer golf course, by                      
obtaining a restaurant/eating place license.  It may have to                   
be done under a public convenience situation, however.                         
Senator Donley asked about the findings of the audit.  He                      
voiced his concern on recommendation #1 and said the                           
affected neighborhood's objections were not being heard.  He                   
noted a duality of responsibility between the government and                   
the board.  He said his neighborhoods were very unhappy with                   
this process of where they strongly object to the assembly,                    
however, they do not consider what the neighborhoods                           
recommend, but rather only what the assembly recommends.  He                   
suggested the board should have the responsibility for                         
considering the neighborhood concerns and to balance out the                   
A further concern of Senator Donley's was the structure of                     
the board consisting of three public members and two                           
industry members.  However, one public member position had                     
been vacant since 31 January of last year.  That resulted in                   
a two-two vote.  Perhaps this was biased.  He suggested                        
filling the vacant position.   Concerning illegal gambling                     
he felt the board was not receiving information to be able                     
to enforce mandatory penalties now in statute.  This should                    
be addressed before the sunset date expires.                                   
Co-chair Pearce voiced concern over pages 18 and 19.  She                      
said she did not condone this behavior of State                                
investigators being licensed to carry firearms.  If an                         
investigator felt they needed armed security then they                         
should take along the police.                                                  
Don Dapcevich, Executive Director, Governor's Advisory Board                   
on Alcoholism and Drug Abuse, Department of Health and                         
Social Services was invited to join the committee.  He said                    
it was counter-productive to make or encourage alcohol a                       
part of sports.  He could not understand why the bill was                      
being advanced.                                                                
Co-chair Pearce noted the presence of Senator Sharp.  He                       
said he knew of very few golf courses in the Lower '48 that                    
would not allow this.  He explained that this bill is only                     
applicable to golf courses that were fenced.  He thought it                    
was a far stretch to say beer and wine drinking on a golf                      
course would lead to DWI.  Further, he stated, in order to                     
attract charity tournaments, those paying $100 to                              
participate would like to have a cold beer.                                    
Mr. Dapcevich said the DWI incidents were mentioned in                         
previous testimony given with HB 458.  They would like to                      
have the license in order to be able to better control                         
Senator Sharp asked if military base golf courses were                         
required to have liquor licenses to sell beer or wine on                       
their courses?  Mr. Dapcevich said the military base courses                   
were exempt from licenses issued by the State.  They have                      
their own rules regarding licensing.  He has also played                       
golf on many courses that do not allow drinking, especially                    
municipal courses.   When there is a tournament they apply                     
for a special day license.                                                     
Senator Phillips WITHDREW his motion to ADOPT CSSB 233,                        
version "E".                                                                   
Senator Sharp MOVED CSSB 233.  Senator Adams OBJECTED.  He                     
said he objected to the inclusion of golf courses in this                      
bill.  It should be a separate issue or taken up with HB
Co-chair Pearce ordered an at ease at approximately 10:15                      
a.m.  She called the committee back to order at 10:20 a.m.                     
Senator Sharp MOVED to WITHDRAW the motion to ADOPT CSSB
233.  Co-chair Pearce HELD the bill in committee while                         
Senators Sharp and Donley worked on some proposed                              
Co-chair Pearce called SB 263.                                                 

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