Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/16/2014 07:00 AM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 281 PRESCRIPTION WITHOUT PHYSICAL EXAMINATION TELECONFERENCED
Moved CSHB 281(L&C) Out of Committee
+ HB 309 DISTILLERY LICENSES TELECONFERENCED
Moved CSHB 309(L&C) Out of Committee
+ HB 357 ACCESS TO LICENSED PREMISES TELECONFERENCED
Moved HB 357 Out of Committee
+ HB 169 RCA REGULATION OF TELEPHONE DIRECTORIES TELECONFERENCED
Moved CSHB 169(L&C) Out of Committee
+= SB 8 PHARMACY AUDITS TELECONFERENCED
<Bill Hearing Canceled by Request of Sponsor>
                   HB 309-DISTILLERY LICENSES                                                                               
                                                                                                                                
7:20:07 AM                                                                                                                    
CHAIR  DUNLEAVY   reconvened  the   meeting  and   announced  the                                                               
consideration  of   HB  309.  "An  Act   relating  to  distillery                                                               
licenses."  He  noted that  this  was  the first  hearing.  [CSHB
309(L&C) was before the committee.]                                                                                             
                                                                                                                                
7:20:29 AM                                                                                                                    
REPRESENTATIVE  CHRIS  TUCK,  Alaska State  Legislature,  Juneau,                                                               
Alaska, sponsor  of HB 309,  introduced the  legislation speaking                                                               
to the following sponsor statement:                                                                                             
                                                                                                                                
                                                                                                                                
     The purpose  of HB 309  is to modernize  the distillery                                                                    
     laws in Alaska, which are  outdated and fail to address                                                                    
     the  new  trend  in  craft  beverage  production.  This                                                                    
     legislation  brings Alaska's  small  distillers on  par                                                                    
     with  local  wine  and  beer  makers  by  allowing  for                                                                    
     tastings,  sales  of  small   amounts  for  on  premise                                                                    
     consumption, and  limited direct sales for  off premise                                                                    
     consumption. The  ability to  retail in-house  allows a                                                                    
     distillery  to subsidize  a visitor-friendly  gift shop                                                                    
     or hospitality room and  increases the marketability of                                                                    
     tours.  This will  help  promote Alaskan-made  products                                                                    
     and  enable this  new local  industry  to compete  with                                                                    
     imported goods.                                                                                                            
                                                                                                                                
     Alaska's small  distilleries are attempting to  enter a                                                                    
     market and  compete in a field  that, since Prohibition                                                                    
     ended,  has  been   dominated  by  large  manufacturing                                                                    
     companies that  have the economic benefit  of extremely                                                                    
     large-scale production. Allowing  distilleries to cater                                                                    
     to  tourists helps  offset the  substantial competitive                                                                    
     disadvantage  that  our   local  distillers  have  when                                                                    
     competing with out-of-state distillers.                                                                                    
                                                                                                                                
     Small   distilleries    in   Alaska    purchase   local                                                                    
     agricultural  products,  create   jobs,  support  their                                                                    
     local  economies, create  export  products for  Alaska,                                                                    
     and have  the potential to significantly  contribute to                                                                    
     the tourism industry in Alaska.                                                                                            
                                                                                                                                
     Locally  distilled  spirits  are part  of  an  exciting                                                                    
     growth    in   artisanal,    small   scale,    domestic                                                                    
     manufacturing.  The  current restrictions  prevent  the                                                                    
     businesses  producing  these   products  from  reaching                                                                    
     their full  potential in  the state's  tourism industry                                                                    
     and  to position  themselves to  compete on  a national                                                                    
     and global level.                                                                                                          
                                                                                                                                
     The changes  are on par  with what breweries  have done                                                                    
     to  promote  regionally-based  micro-breweries.  Small-                                                                    
     scale spirits  producers need similar changes  to allow                                                                    
     them  to innovate,  create Alaskan-based  manufacturing                                                                    
     jobs,  support  Alaskan  agriculture,  support  tourism                                                                    
     through visitor centers and  tasting rooms, and compete                                                                    
     effectively in  the marketplace  with reasonably-priced                                                                    
     handcrafted spirits.                                                                                                       
                                                                                                                                
REPRESENTATIVE TUCK stated  that HB 309 will allow  the public to                                                               
purchase  up to  one gallon  of the  product for  consumption off                                                               
premises  and  not more  than  three  ounces for  consumption  on                                                               
premises. The public  will also be able to  sample small portions                                                               
of the  product free of  charge while  in the facility.  He noted                                                               
that the House  Labor and Commerce Committee amended  the bill to                                                               
require servers  to take an  alcohol server education  course and                                                               
establishments to post the necessary  warning signs. The bill has                                                               
wide  support  throughout the  state  and  has the  potential  to                                                               
stimulate the economy.                                                                                                          
                                                                                                                                
SENATOR OLSON  asked how the  legislation would  affect Alaskans,                                                               
particularly in rural areas, who  are vulnerable to alcohol abuse                                                               
and whether he'd heard from that population.                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  stated that the local  option laws regarding                                                               
the  sale, importation,  and possession  of alcohol  still apply.                                                               
The ABC Board issues the  specific license types and local review                                                               
is conducted before any business can operate.                                                                                   
                                                                                                                                
SENATOR OLSON  asked what  affect the  legislation would  have on                                                               
damp and dry communities.                                                                                                       
                                                                                                                                
REPRESENTATIVE  TUCK suggested  that  Shirley Coté  with the  ABC                                                               
Board be added to the discussion.                                                                                               
                                                                                                                                
7:24:26 AM                                                                                                                    
CHAIR DUNLEAVY said  his understanding is that this  is a tourism                                                               
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  TUCK  agreed  and   added  that  there  are  five                                                               
distilleries  throughout the  state from  Fairbanks to  the Kenai                                                               
Peninsula to the small community of Haines in Southeast.                                                                        
                                                                                                                                
CHAIR DUNLEAVY  asked how  the bill  addresses people  who sample                                                               
the product daily and to excess.                                                                                                
                                                                                                                                
REPRESENTATIVE  TUCK directed  attention to  the restrictions  in                                                               
paragraphs  (1),  (2),  and  (3)  on page  2,  lines  1-7.  These                                                               
provisions  establish  that  the   distillery  cannot  reflect  a                                                               
drinking establishment.  Responding to  a further  question about                                                               
safeguarding  against  over  consumption,   he  opined  that  the                                                               
distillers probably  wouldn't give  multiple free samples  to the                                                               
same person because it wouldn't benefit their business.                                                                         
                                                                                                                                
SENATOR MICCICHE recapped what the bill allows.                                                                                 
                                                                                                                                
REPRESENTATIVE  TUCK noted  that  distilleries are  able to  sell                                                               
proportionally less than wineries and breweries.                                                                                
                                                                                                                                
7:27:28 AM                                                                                                                    
HEATHER  SHADE,  Co-owner,   Port  Chilkoot  Distillery,  Haines,                                                               
Alaska,  testified in  support of  HB  309. She  stated that  her                                                               
small   distillery   creates   a  specialty   product   that   is                                                               
specifically marketed  to tourists,  but the current  laws hinder                                                               
potential growth.  HB 309 updates  the laws so  that distilleries                                                               
can participate  in the  tourism industry  just as  breweries and                                                               
wineries do. She  reported that the community  of Haines supports                                                               
the legislation which will create jobs and add to the economy.                                                                  
                                                                                                                                
7:28:42 AM                                                                                                                    
DALE FOX, President and CEO,  CHARR, Anchorage, Alaska, testified                                                               
that the  Alaska CHARR  Government Affairs  Committee unanimously                                                               
endorsed HB  309. It gives  distilleries the same rights  to sell                                                               
small quantities of alcohol as  was previously given to breweries                                                               
and wineries  in Alaska. He concluded  that the bill is  fair and                                                               
uncontroversial and it helps a new Alaska industry.                                                                             
                                                                                                                                
7:29:38 AM                                                                                                                    
SHIRLEY COTÉ,  Director, Alcoholic Beverage Control  (ABC) Board,                                                               
Department  of  Commerce,   Community  and  Economic  Development                                                               
(DCCED), introduced herself and offered to answer questions.                                                                    
                                                                                                                                
SENATOR MICCICHE  asked how  the bill would  affect wet  and damp                                                               
communities.                                                                                                                    
                                                                                                                                
MS. COTÉ  replied the importation  of alcohol laws  would pertain                                                               
to this new distillery license as well.                                                                                         
                                                                                                                                
SENATOR  MICCICHE asked  if the  restrictions under  AS 04.16.030                                                               
would apply to distilleries.                                                                                                    
                                                                                                                                
MS.  COTÉ answered  yes and  the bill  also requires  the alcohol                                                               
server  education course.  It teaches  the characteristics  of an                                                               
intoxicated person  and how  to ensure  that underage  people are                                                               
not gaining access to alcohol.                                                                                                  
                                                                                                                                
7:31:47 AM                                                                                                                    
KATHLEEN  STRAUSBAUGH,   Drafting  Attorney,   Legislative  Legal                                                               
Services, Legislative Affairs Agency,  Juneau, Alaska, offered to                                                               
answer questions.                                                                                                               
                                                                                                                                
CHAIR  DUNLEAVY opened  and closed  public testimony.  Finding no                                                               
further questions or comments, he solicited a motion.                                                                           
                                                                                                                                
7:32:18 AM                                                                                                                    
SENATOR  MICCICHE  moved  to  report  HB  309,  Version  R,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR  DUNLEAVY announced  that without  objection CSHB  309(L&C)                                                               
was  reported   from  the  Senate   Labor  &   Commerce  Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects
Comparison of SB 80 and HB 281 Publisher.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
SB 80
HB281 Opposing Document ASMB.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Summary of Changes A to U.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Sponsor Statement.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Summary of Changes U to N.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Supporting Document DOLWD Census Data.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Supporting Document Rand Press Release.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Supporting Document Rand Study.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Supporting Document Teladoc.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 ver A.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 ver N.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 ver U.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Fiscal Note.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB0309 Fiscal Note DCED.PDF SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Sectional Analysis.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Sponsor Statement.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Article Anchorage Daily News 11-5-2010.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Article Oakland North 12-11-2013.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Article Daily Finance.com 2-18-2012.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Article Texas Tribune 9-9-2013.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Article WSBT News 9-26-2013.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Summary of Changes ver C to ver R.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Editorial Juneau Empire 4-6-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Article Portland Business Journal 5-25-2012.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Letter Alaska Distillery 3-15-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Letter Bare Distillery 3-15-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Letter Explore Fairbanks 3-30-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Letter High Mark Distillery 3-18-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Letter Haines Chamber of Commerce 3-5-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents-Letter Alaska Farm Bureau 3-27-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents-Letter Alaska Travel Industry Association 3-25-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Letter Port Chilkoot Distillery 3-17-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents-Letter Brewers Guild of Alaska 3-25-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Letter Ursa Major Distilling 3-16-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 ver C.PDF SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 ver R.PDF SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents-Letter Kenai Peninsula Tourism Marketing Council 3-19-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB357 ver A - Access to Licensed Premise.pdf SL&C 4/16/2014 7:00:00 AM
HB 357
HB357 sponsor statement.pdf SL&C 4/16/2014 7:00:00 AM
HB 357
HB357 - Letter of Support - John Mattison Eagle River VFW 9785.pdf SL&C 4/16/2014 7:00:00 AM
HB 357
HB357 - fiscalNote.pdf SL&C 4/16/2014 7:00:00 AM
HB 357
CSHB169 v.N.pdf SL&C 4/16/2014 7:00:00 AM
HB 169
HB169 Sponsor Statement.pdf SL&C 4/16/2014 7:00:00 AM
HB 169
CSHB169 DCCED-RCA Fiscal Note 4-03-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 169
HB169 Supporting Document-Artice Washington Post .pdf SL&C 4/16/2014 7:00:00 AM
HB 169