SB 305-RECORKING WINE SERVED WITH A MEAL 3:08:04 PM CHAIR OLSON announced that the next order of business would be SENATE BILL NO. 305, "An Act relating to recorking, sealing, or packaging of wine served with a meal and removal of recorked, sealed, or packaged wine from licensed premises." 3:08:18 PM DANA OWEN, Staff to Senator Johnny Ellis, Alaska State Legislature, stated on behalf of the bill sponsor, the Senate Labor & Commerce Committee, that SB 305 is identical to the identical to [HB 51] that passed the House of Representatives last year. He characterized SB 305 as a bill that addresses a safety issue. He opined that Alaska's laws have a bias towards overconsumption of alcohol. Under SB 305, customers can order wine and not feel compelled to drink the entire bottle of wine at the restaurant since the bottle can be recorked and taken home. 3:09:25 PM CHAIR OLSON, after first determining no one else wished to testify, closed public testimony on SB 305. 3:09:39 PM MR. OWEN, in response to Representative Buch, answered that the language in SB 305 is identical to last year's bill. REPRESENTATIVE GATTO inquired as to whether similar legislation has been introduced in any state and failed to pass. MR. OWEN said he not sure. He noted that 34 states have passed similar recorking laws. In further response to Representative Gatto, Mr. Owen answered that while it may be reasonable to require that a partially empty wine bottle be placed in a tamper proof bag, SB 305 would require the Alcoholic Beverage Control Board ("ABC Board")to set by regulation a method to seal bottles that are not corked. Thus, bottles that were originally sealed with a cork are resealed in such a way that a mechanical device is necessary to reopen the bottle. He offered that if the bottle is a screw cap type bottle, the bottle would be sealed under regulations developed by the ABC Board. 3:11:34 PM REPRESENTATIVE GARDNER characterized SB 305 as a means to encourage sales since the bill would encourage patrons to purchase a higher quality of wine or perhaps purchase an additional bottle of wine. While she said she has no objection to SB 305, she stated that the primary objective is to sell more wine, with a side benefit that people will not feel compelled to drink the entire bottle of wine. 3:12:06 PM REPRESENTATIVE GATTO agreed with Representative Gardner. He pointed out that otherwise the proprietor might only sell one glass of wine, but since the person can purchase the bottle and take any remaining wine home that the proprietor can sell more wine to customers. He inquired as to whether the sealing process would entail a screw on cap that is tamper proof or if the wine would be resealed with a cork. MR. OWEN offered his understanding that a bottle not originally sealed with a cork, would be sealed with a seal approved by the ABC Board. He surmised that it might be sealed with a paper seal. However, he noted that the ABC board would develop regulations for recorking and resealing wine. He added that if the wine bottle is sealed by a cork, it must be recorked in such a fashion that the cork cannot be removed by hand. 3:13:33 PM REPRESENTATIVE LEDOUX inquired as to whether a screw top bottle could be corked as a means of resealing it. MR. OWEN said he was not sure. He surmised that it would be resealed in another fashion. 3:14:31 PM REPRESENTATIVE NEUMAN inquired if someone purchases a bottle of wine and does not consume it whether another customer could purchase the remainder of the bottle. MR. OWEN answered that he did not know for certain if that arrangement could be made. 3:15:41 PM REPRESENTATIVE LEDOUX revisited her earlier question and inquired as to whether wine that originally had a screw top can physically be corked or if another method must be used for those types of bottles. MR. OWEN answered that he wasn't sure if it could be corked. He surmised that assuming that the cork would work that it would meet the intent of the bill, which is to allow wine to be taken off premises to be consumed at home. CHAIR OLSON explained that screw top and regular wine bottles that have the same size neck can easily be corked with a tool designed for that purpose. 3:17:02 PM REPRESENTATIVE NEUMAN moved to report SB 305 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, SB 305 was reported out of committee. The committee took an at-ease from 3:17 p.m. to 3:19 p.m.