Legislature(2023 - 2024)BELTZ 105 (TSBldg)

05/11/2024 09:00 AM Senate LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
Bills Previously Heard/Scheduled
+= HB 251 EXEMPTIONS FOR HOMEMADE FOODS TELECONFERENCED
Moved SCS CSHB 251(L&C) Out of Committee
+= HB 189 SALE OF ALCOHOL TELECONFERENCED
Moved SCS CSHB 189(L&C) Out of Committee
**Streamed live on AKL.tv**
                     HB 189-SALE OF ALCOHOL                                                                                 
                                                                                                                                
12:34:59 PM                                                                                                                   
CHAIR  BJORKMAN   reconvened  the   meeting  and   announced  the                                                               
consideration  of CS  FOR  HOUSE  BILL NO.  189(L&C)  am "An  Act                                                               
relating  to the  sale of  alcohol;  relating to  the posting  of                                                               
warning  signs  for alcoholic  beverages;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
[On  May  10,  2024,  the   committee  rescinded  its  action  in                                                               
reporting  SCS CSHB  189 (L&C)  out of  committee, which  brought                                                               
working  document  SCS  CSHB  189,  work  order  33-LS0697\U,  as                                                               
amended, before the committee.]                                                                                                 
                                                                                                                                
CHAIR BJORKMAN noted that the committee needed to address                                                                       
language in HB 189 concerning the permissible presence of minors                                                                
in establishments possessing a large resort endorsement.                                                                        
                                                                                                                                
12:35:31 PM                                                                                                                   
CHAIR BJORKMAN solicited a motion.                                                                                              
                                                                                                                                
12:35:35 PM                                                                                                                   
SENATOR GRAY-JACKSON moved to adopt Amendment 3 (U.5) for HB
189.                                                                                                                            
                                                                                                                                
                                                 33-LS0697\U.5                                                                  
                                                   C. Radford                                                                   
                                                      5/11/24                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 3                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                  BY SENATOR BJORKMAN                                                                 
     TO:  SCS CSHB 189(L&C), Draft Version "U"                                                                                  
                                                                                                                                
     Page 4, line 25, through page 5, line 12:                                                                                  
          Delete all material and insert:                                                                                       
        "* Sec. 9. AS 04.16.049(h) is amended to read:                                                                      
          (h)  Notwithstanding any other provision in this                                                                      
     section, a person under 21 years of age may be present                                                                     
               (1)  on the licensed premises of a                                                                           
               (A)  common carrier dispensary, destination                                                                  
     resort, or outdoor recreation lodge for the purpose of                                                                     
    travel,   travel   lodging,   or   outdoor   recreation                                                                     
     activities provided by the licensee if the person is                                                                       
               (i) [(1)]  at least 16 years of age; or                                                                      
               (ii) [(2)]  under 16 years of age and a                                                                      
        parent or legal guardian of the underaged person                                                                        
     consents;                                                                                                              
               (B)  theater if the person is                                                                                
               (i)  at least 16 years of age; or                                                                            
               (ii)  under 16 years of age, is accompanied                                                                  
       by a person who is at least 21 years of age, and a                                                                   
        parent or legal guardian of the underaged person                                                                    
     consents;                                                                                                              
               (2)  in the areas of a licensed premises                                                                     
     covered by  a large  resort endorsement,  but excluding                                                                
     the  areas of  the premises  originally covered  by the                                                                
     licensee's beverage  dispensary or  beverage dispensary                                                                
     tourism license where alcohol is  being served, for the                                                                
     purpose   of  travel,   travel   lodging,  or   outdoor                                                                
     recreation activities  provided by the large  resort if                                                                
     the person is                                                                                                          
               (A)  at least 16 years of age; or                                                                            
               (B)  under 16 years of age and a parent or                                                                   
     legal guardian of the underaged person consents."                                                                      
                                                                                                                                
                                                                                                                                
12:35:40 PM                                                                                                                   
CHAIR BJORKMAN objected for purposes of explanation.                                                                            
                                                                                                                                
12:35:53 PM                                                                                                                   
KONRAD  JACKSON,  Staff,  Senator Jesse  Bjorkman,  Alaska  State                                                               
Legislature,  Juneau, Alaska,  introduced Amendment  3 (U.5).  He                                                               
said Amendment  3 (U.5) sought to  deal with an oversight  in the                                                               
drafting of  the rewrite  of AS  04 regarding  establishments who                                                               
hold  a  large resort  endorsement.  He  said Amendment  3  (U.5)                                                               
started on SCS CSHB 189, version  U, page 4, line 25 through page                                                               
5, line 12 and deleted all of section  9. He said a new section 9                                                               
that's  slightly  rewritten was  inserted  and  the crux  of  the                                                               
change to  that section  is found  on line  18 of  the amendment,                                                               
following number  2. He  read the  following added  language: "in                                                               
the  areas of  a  licensed  premises covered  by  a large  resort                                                               
endorsement, but  excluding the areas of  the premises originally                                                               
covered  by  the  licensees'   beverage  dispensary  or  beverage                                                               
dispensary  tourism license  where alcohol  is being  served, for                                                               
the  purpose of  travel,  travel lodging,  or outdoor  recreation                                                               
activities provided  by the large  resort, if the person  is". He                                                               
explained  that  this  language   would  allow  for  children  to                                                               
traverse the  hallways, the rooms,  and the other  similar common                                                               
areas of a large resort. He  noted that Ms. Wilson of the Alcohol                                                               
and  Marijuana  Control Office  (AMCO)  was  available to  answer                                                               
questions.                                                                                                                      
                                                                                                                                
12:37:56 PM                                                                                                                   
CHAIR BJORKMAN asked Ms. Wilson to comment on Amendment 3 (U.5).                                                                
                                                                                                                                
12:38:32 PM 12:38:05                                                                                                          
JOAN  WILSON,  Director,  Alcohol and  Marijuana  Control  Office                                                               
(AMCO),  Anchorage,  Alaska,   provided  further  explanation  of                                                               
Amendment 3  (U.5) for HB 189.  She noted that an  endorsement is                                                               
defined in  AS 04.09.400 and does  one of two things.  It expands                                                               
the  boundaries  of  a  licensed  premises,  or  it  expands  the                                                               
authorized activities of a licensed  premises. She noted that the                                                               
applicant for an endorsement must  demonstrate that the holder of                                                               
the  license has  the authority  over and  will exercise  control                                                               
over  conduct in  all  areas of  a  licensed premises,  including                                                               
premises newly  licensed by the endorsement.  She emphasized that                                                               
the  Alaska Alcoholic  Beverage  Control (ABC)  board takes  very                                                               
seriously  expansions  of  licensed  premises and  will  look  to                                                               
things  like  making  sure  licensees  like  hotel  Alyeska  have                                                               
security plans  and additional  employees in  place to  make sure                                                               
children in  common areas  are not  accessing alcohol  that might                                                               
be, for example, left in a  hallway. She said the other key thing                                                               
about Amendment 3  (U.5) is that it required that  if a child was                                                               
going to  be in a common  area, they're there for  the purpose of                                                               
travel,  travel  lodging or  an  outdoor  recreation entity.  She                                                               
acknowledged that one  would not find a  kid in a bar  for any of                                                               
those purposes, but  Amendment 3 (U.5) makes very  clear that, as                                                               
long as the child is there  running down the hallway or has their                                                               
skis  on their  back  and is  trying  to get  to  the tram,  it's                                                               
absolutely fine  [and would  be allowed].  She said  the licensee                                                               
themselves would  ensure that  those children  don't accidentally                                                               
or  purposefully,  on  the  child's  part,  access  alcohol.  She                                                               
expressed confidence that Amendment 3  (U.5) cured the defect [in                                                               
AS 04], which was difficult (or impossible) to enforce.                                                                         
                                                                                                                                
12:40:20 PM                                                                                                                   
CHAIR BJORKMAN removed his objection;  found no further objection                                                               
and announced that Amendment 3 (U.5) was adopted.                                                                               
                                                                                                                                
12:40:36 PM                                                                                                                   
CHAIR BJORKMAN solicited the will of the committee.                                                                             
                                                                                                                                
12:40:40 PM                                                                                                                   
SENATOR GRAY-JACKSON moved to  report Senate committee substitute                                                               
(SCS) for CSHB  189, work order 33-LS0697\U,  from committee with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
12:40:54 PM                                                                                                                   
CHAIR  BJORKMAN found  no  objection and  SCS  CSHB 189(L&C)  was                                                               
reported from the Senate Labor and Commerce Standing Committee.                                                                 

Document Name Date/Time Subjects
HB251 Draft Proposed CS ver R.pdf SL&C 5/11/2024 9:00:00 AM
HB 251
HB251 Memo on Draft CS ver R 24-271boo.pdf SL&C 5/11/2024 9:00:00 AM
HB 251
HB251 Fiscal Note DNR-AGR 05.11.24.pdf SL&C 5/11/2024 9:00:00 AM
HB 251
HB189 Draft Proposed Amendment U.5.pdf SL&C 5/11/2024 9:00:00 AM
HB 189