Legislature(2005 - 2006)
04/12/2006 04:59 PM House L&C
| Audio | Topic |
|---|---|
| Start | |
| HB240 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
April 12, 2006
4:59 p.m.
MEMBERS PRESENT
Representative Tom Anderson, Chair
Representative Pete Kott
Representative Gabrielle LeDoux
Representative Bob Lynn
Representative Harry Crawford
Representative David Guttenberg
MEMBERS ABSENT
Representative Norman Rokeberg
COMMITTEE CALENDAR
HOUSE BILL NO. 240
"An Act relating to brewery and brew pub licensing."
- MOVED CSHB 240(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 350
"An Act relating to enforcement of insurance unfair claim
settlement practices by a person affected by a violation;
permitting penalties for a single-act unfair claim settlement
practice; and providing for an effective date."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 480
"An Act relating to voluntary self-evaluative audits by insurers
and providing for an insurance compliance self-evaluative
privilege; and indirectly amending Rules 104, 402, and 501,
Alaska Rules of Evidence, Rules 16, 26, 30, 31, 33, 34, 36, and
40, Alaska Rules of Civil Procedure, and Rules 15, 16, and 17,
Alaska Rules of Criminal Procedure."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 240
SHORT TITLE: BREWERY & BREWPUB LICENSES
SPONSOR(s): JUDICIARY
03/30/05 (H) READ THE FIRST TIME - REFERRALS
03/30/05 (H) L&C, JUD
04/06/05 (H) L&C AT 3:15 PM CAPITOL 17
04/06/05 (H) <Bill Hearing Postponed>
03/22/06 (H) L&C AT 3:15 PM CAPITOL 17
03/22/06 (H) <Bill Hearing Postponed>
03/29/06 (H) L&C AT 3:15 PM CAPITOL 17
03/29/06 (H) Heard & Held
03/29/06 (H) MINUTE(L&C)
04/12/06 (H) L&C AT 3:15 PM CAPITOL 17
WITNESS REGISTER
GLENN BRADY, President
Silver Gulch Brewing
Chairman
Alaska Cabaret, Hotel, Restaurant, and Retailers Association
Fairbanks, Alaska
POSITION STATEMENT: Explained amendments to HB 240.
CRAIG JOHNSON, Staff
to Representative Lesil McGuire
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during hearing on HB 240
on behalf of Representative McGuire, sponsor.
ACTION NARRATIVE
CHAIR TOM ANDERSON called the House Labor and Commerce Standing
Committee meeting to order at 4:59:39 PM. Representatives Lynn,
LeDoux, Kott, and Anderson were present at the call to order.
Representatives Crawford and Guttenberg arrived as the meeting
was in progress.
HB 240-BREWERY & BREWPUB LICENSES
[Contains discussion of HB 431]
4:59:53 PM
CHAIR ANDERSON announced that the only order of business would
be HOUSE BILL NO. 240, "An Act relating to brewery and brew pub
licensing."
CHAIR ANDERSON noted that the industry has "made many
concessions" and there appears to be a final draft. He
expressed his intent to move the bill from committee.
5:00:33 PM
REPRESENTATIVE KOTT moved Amendment 1, labeled 24-LS0734\P.2,
Luckhaupt, 4/11/06, which read:
Page 2, line 20:
Delete "46,500"
Insert "37,200"
Page 3, line 14:
Delete "46,500"
Insert "37,200"
5:01:20 PM
CHAIR ANDERSON objected for discussion purposes.
5:01:23 PM
GLENN BRADY, President, Silver Gulch Brewing, Chairman, Alaska
Cabaret, Hotel, Restaurant, and Retailers Association (CHARR),
explained that Amendment 1 was drafted after negotiation between
the breweries and brewpubs in response to external negotiations
regarding the 8:00 p.m. closing time for brewery sales.
5:01:52 PM
CHAIR ANDERSON removed his objection. There being no further
objection, Amendment 1 was adopted.
5:02:01 PM
REPRESENTATIVE KOTT moved Amendment 2, labeled 24-LS0734\P.3,
Luckhaupt, 4/11/06, which read:
Page 2, line 3:
Delete "or after 11:00 p.m."
Insert "and serving of the product ends no later
than 8:00 p.m. [OR AFTER 11:00 P.M.]"
5:02:25 PM
CHAIR ANDERSON objected for discussion purposes.
5:02:40 PM
MR. BRADY explained that the intent of [Section 2] is to allow
micro-breweries licensed under Title 4 to sell a limited amount
of product produced on the premises. He said that Amendment 2
is an attempt to avoid the "creation of taverns," and would not
allow the sale of product after 8:00 p.m.
5:03:26 PM
CHAIR ANDERSON removed his objection. There being no further
objection, Amendment 2 was adopted.
5:03:47 PM
REPRESENTATIVE LEDOUX moved Amendment 3, labeled 24-LS0734\P.1,
Finley, 3/29/06, which read:
Page 1, line 1:
Delete "licensing"
Insert "licenses and to winery licenses"
Page 4, following line 6:
Insert new bill sections to read:
"* Sec. 6. AS 04.11.140(b) is amended to read:
(b) The holder of a winery license may sell wine
in quantities of
(1) not more [LESS] than five gallons
(A) to an individual who is present on the
licensed premises; or
(B) by shipping to an individual if the
shipment is not to an area that has prohibited the
importation or possession of alcoholic beverages under
this chapter or to an area that has limited the
importation or possession of alcoholic beverages
unless the sale complies with the limitation;
(2) more than five gallons to a person who
is licensed under this title, or in another state or
country.
* Sec. 7. AS 04.11.140(d) is amended to read:
(d) The biennial winery license fee is $100
[$500]."
CHAIR ANDERSON objected for discussion purposes.
REPRESENTATIVE LEDOUX explained that Amendment 3 changes the
title of HB 240 to include winery licenses. In addition,
Amendment 3 puts small, in-state wineries on the same "playing
field" as out-of-state wineries. She explained that while she
is the sponsor of [HB 431], which also contains this language,
she would like to add the language to HB 240 to ensure its
passage.
5:04:39 PM
CHAIR ANDERSON maintained his objection. He explained that
Amendment 3 would substantively change the bill and recommended
that [Representative LeDoux] speak with the members of the
industry and with the sponsor of HB 240. He noted that HB 240
has been held up for over one year and opined that it might not
be the proper vehicle for the amendment; however, he noted his
support of the amendment.
5:06:04 PM
REPRESENTATIVE LYNN commented that he is also in favor of
Amendment 3; however, he surmised that the aforementioned
amendment would delay the passage of the bill until the next
legislative session.
5:06:22 PM
CHAIR ANDERSON clarified that he objects to amending HB 240 to
include wineries. He stated that the intent of this legislation
is to address breweries and brewpubs, and pointed out that [HB
431] is currently addressing the issue of winery licenses.
REPRESENTATIVE LYNN asked Representative LeDoux if Amendment 3
would merely duplicate the language in [HB 431].
REPRESENTATIVE LEDOUX replied yes. In response to further
questions, she explained that HB 431 has a further referral to
the House Finance Committee, which may be waived.
REPRESENTATIVE LYNN reiterated that he does not want to delay HB
240.
CHAIR ANDERSON pointed out that HB 431 is further along in the
legislative process [than HB 240].
REPRESENTATIVE LEDOUX stated that she has spoken to CHARR
regarding this amendment and the organization is supportive.
CHAIR ANDERSON asked Mr. Brady if Alaska CHARR is amenable to
amending HB 240 to include the aforementioned information.
5:08:28 PM
MR. BRADY declined to comment on this issue. He said that
Alaska CHARR is in support of HB 431.
CHAIR ANDERSON asked for clarification regarding whether Alaska
CHARR has spoken to Amendment 3 to HB 240.
MR. BRADY replied that he is not aware that Alaska CHARR has
taken a position on this, therefore he does not wish to speak
for CHARR on this issue.
5:09:16 PM
REPRESENTATIVE CRAWFORD, in regard to HB 431, noted that Section
7 was removed when it came before the committee. However, he
noted that this section is included in Amendment 3.
REPRESENTATIVE LEDOUX explained that Amendment 3 should be
amended to delete Section 7.
REPRESENTATIVE KOTT recommended that the sponsor of the
amendment speak with the sponsor of HB 240. He speculated that
if the sponsor does not support [the change], the legislation
may be withdrawn.
5:11:41 PM
CRAIG JOHNSON, Staff to Representative Lesil McGuire, Alaska
State Legislature, sponsor, said that he would work with the
sponsor of Amendment 3 before the next committee of referral.
He stated that if all parties involved are amenable to the
amendment, he would work on adding this language. However, he
would like to see HB 240 move from the House Labor and Commerce
Standing Committee without further amendments.
5:12:17 PM
REPRESENTATIVE LEDOUX withdrew Amendment 3.
5:12:38 PM
CHAIR ANDERSON closed public testimony.
5:13:10 PM
REPRESENTATIVE KOTT noted that HB 240 goes next to the House
Judiciary Standing Committee, of which the sponsor is the chair.
He reiterated that the amendment should be discussed prior to
the next committee hearing.
5:13:50 PM
REPRESENTATIVE KOTT moved to report CSHB 240, Version 24-
LS0734\P, Finley/Luckhaupt, 3/28/06, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 240(L&C) was
reported out of the House Labor and Commerce Standing Committee.
5:14:37 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
5:14 p.m.
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