HB 336-ALCOHOL SALES NEAR SCHOOL/CHURCH  4:36:59 PM CHAIR OLSON announced that the final order of business would be the HOUSE BILL NO. 336, "An Act relating to sales of alcoholic beverages near a school or church." 4:37:03 PM REPRESENTATIVE TARR, Alaska State Legislature, as sponsor, stated HB 336 was introduced at the request of students at Clark Middle School. In her neighborhood several stores near schools sell alcohol, and some students have encountered situations in which they feel unsafe, including intoxicated individuals who engage in inappropriate behavior such as urinating in public or fighting. These students discussed the issues and suggested this bill as one piece of that effort, noting students have also been working on conditional use permits for liquor stores. This is an opportunity to think about the future and contemplate whether these uses are compatible uses. This bill would extend the buffer zone for alcohol sales and schools from 200 feet to 400 feet. However, this isn't a new idea and bills were previously introduced in 2001. Per the National Conference of State Legislatures (NCSL), 35 other states have a distance restriction, and of those, 25 have some limitation between 300 and 1,000 feet. Thus, the current 200-foot restriction is relatively low and 400 feet seemed to be a good remedy for a situation in which uses may not be compatible ones. The liquor businesses are not at fault, and like any other businesses, these stores provide jobs in the community. In addition, she offered her appreciation for the economic impact businesses have on the community; however, in these instances the incompatible uses has arisen. Again, this bill would change the restriction for alcohol sales from within 200 to within 400 feet from a public entrance of a church or school. 4:40:33 PM MIKE COONS stated that he is changing his testimony from an earlier e-mail submission, since he now understands why this bill is being brought forward. He asked whether any issues have arisen with respect to the school, and if so, he was certain it would have resulted in school lockdowns. He also wondered whether students were sneaking out. Now that he is better informed, he wonders how many schools will be affected and if this problem is a statewide epidemic. He asked whether police could patrol the vicinity when students are likely to be walking near the schools. However, he did not see the need for a bill to globally change the distance. He urged members not to pass the bill and to let the communities make the needed changes. REPRESENTATIVE REINBOLD said she appreciated his comments. She related an instance in her community in which the Wal-Mart was built and applied for a liquor license. The community council voted against it but the assembly approved the license. She said it was tough for the community to deal with the issue. She appreciated this bill being brought forward. 4:43:26 PM KEIRA NOGGLE, Student, Clark Middle School, spoke in support of HB 336. She stated that preventing a store, bar, or club from serving or selling liquor within 400 feet of a school is important to her because she wants to feel safe going to and from school. She has been harassed when she has walked past the liquor store by inebriated people who whistled at her. She said that these inebriates harm and harass students. It is unfair that students at Clark Middle School must go through this. She urged members to please support HB 336. 4:44:39 PM DEVIN OWENS, Student, Clark Middle School, offered support for HB 336, preventing a store, bar, or club from serving or selling liquor within 400 feet of a school, which is important because intoxicated people do thoughtless things to youth. This student has personally experienced an intoxicated person trying to break into a student's car while the car was occupied. Further, intoxicated people try to pressure young adults to drink alcohol and also harass them. She maintained that Clark Middle School students should not be subjected to the inappropriate behavior. 4:45:42 PM MARY WILLOYA, Student, Clark Middle School, offered support for HB 336. This is important because people drink and sleep near the schools and students encounter inebriates as they walk to and from their homes and school. She said that she tries to avoid the intoxicated people because they make her feel unsafe and scared. She urged members to support HB 336. 4:46:34 PM NYA NUER BIDIT, Student, Clark Middle School, offered her support for HB 336. This is important because of drunk driving. She has nearly been hit by an intoxicated driver while walking home, which is not an experience students should encounter. Students should not have to encounter intoxicated people. She urged members to support HB 336. 4:47:23 PM ALEXANDER ALVEREZ, Student, Clark Middle School, offered support for HB 336, as it is important because students are harassed by intoxicated people who are constantly asking for spare change and money. He said he doesn't want that to happen to students. He urged members to support HB 336. ALYSHIA PATTERSON, Student, Clark Middle School, offered support for HB 336 because she walks past both liquor stores daily and is harassed. She described an incident in which intoxicated people followed her and some of her friends. They yelled inappropriate things and threw liquor bottles on the ground that nearly injured her friend. Even trying to avoid inebriates by turning corners wouldn't stop them. She offered her belief that this can happen to any student walking home and she did not think it was fair. She urged members to support HB 336. 4:49:08 PM DWYNE NICKOLS, Student, Clark Middle School, offered support for HB 336. This is important to him because students should be afforded the same opportunities to walk in safe neighborhoods as other students. He urged members to support HB 336. 4:49:54 PM DAVID COLLINS, Student, Clark Middle School, offered support for HB 336 because intoxicated people harass students, fight, and ask for change. Many of them are near the school and liquor store and walk on the school property, which is why he doesn't want liquor stores to be near the school. 4:50:58 PM REPRESENTATIVE HERRON asked whether the students have pursued the Municipality of Anchorage's (MOA) nuisance provision process. He said that if there is a constant stream of complaints against a business the community can start a process to close the business. REPRESENTATIVE TARR responded that she and the students have been trying to work through the permit renewal process. She referred to an article in members packets entitled "Assembly requires new permitting for [two] Mountain View liquor stores." She said that she has been using the conditional use provisions rather than attempting to close the stores down. If problems can't be resolved using the conditional use process, the nuisance process will be the next step. She related that the store owners have come before the Mountain View Community Council on several occasions and she appreciated the store owners' positions as responsible business owners. She hoped this bill would help keep a future action from happening. 4:52:46 PM KEIRA NOGGLE said that the students haven't tried the nuisance process but believe the bill is a great bill to pass. 4:53:15 PM REPRESENTATIVE HERRON said the sponsor indicated the local community council has been working on conditional use permits; however, he recalled when he worked as a city manager one store was difficult to work with so a nuisance law was put into place. He suggested the sponsor could try parallel tracks to address the issue since the nuisance process is different than the conditional use permit. He said one aspect with the nuisance process is that the police must respond to each complaint. Again, if the students complain through the nuisance process it would not interfere with the conditional use process. He also suggested the nuisance process could help document the frequency of problems. 4:54:37 PM REPRESENTATIVE HERRON suggested increasing the restriction to 1,000 feet and aim high rather than to take the minimum approach. REPRESENTATIVE TARR appreciated the support. She reported that most states restrict alcohol sales from 300-1000 feet, so the starting point is 400 feet; however, she is open to extending the buffer. 4:55:45 PM REPRESENTATIVE MILLETT asked how many liquor stores are near Clark Middle School that would fall within the 400 [feet] area. REPRESENTATIVE TARR answered two liquor stores fall within 400 feet of Clark Middle School. She said that if this provision was in place, that they would be need to be relocated. 4:56:34 PM REPRESENTATIVE MILLETT asked whether liquor store owners were contacted to find out if they were willing to cooperate. REPRESENTATIVE TARR answered yes; that a subcommittee has been working on it. She acknowledged that some tension exists since businesses want to operate profitable businesses yet still meet the requirements of the law. However, the businesses were aware that students have encountered intoxicated individuals and feel unsafe. The liquor stores have been receptive to the negative community response. She reiterated she has been working with the business owners to understand their position, noting that these stores are operating legal businesses. She pointed out that this really highlights the need for additional substance abuse treatment, which is a long-term solution. She described the bill and [nuisance process] as intermediate steps. 4:58:04 PM REPRESENTATIVE MILLETT suggested that if the liquor store owners had children attending the school they might better understand the issue. REPRESENTATIVE TARR agreed. 4:58:15 PM REPRESENTATIVE SADDLER said he was not hearing that this problem is statewide problem, but rather that it seems like a local problem. He offered his support for the approach Representative Herron suggested. He asked whether the current liquor stores would be grandfathered in under the bill. REPRESENTATIVE TARR agreed they would be grandfathered in. 4:58:50 PM REPRESENTATIVE SADDLER related he did not know much about zoning, but he was unsure how effective the bill would be for new construction for bars. He suggested that the patrons of the store seem to be the issue rather than the store. He wondered how the additional 200 feet would address the problem since it doesn't take long to walk that extra distance. REPRESENTATIVE TARR recognizes this bill won't affect these establishments, which is the reason to simultaneously pursue the conditional use process. However any current schools or churches will not be affected by the bill, but due to the current discussion of charter schools and new school development, this bill identifies a problem that might be avoided in the future. She acknowledged that Representative Herron's suggestion to extend the buffer is a good one. She indicated that incompatible uses can exist and if 200 feet isn't an adequate distance, she agreed extending the buffer could help. This could be a useful tool worth considering, but she is taking other steps to address the substance abuse, acknowledging that although this bill is not about substance abuse issues, it is one part of several things that can be done. 5:01:27 PM REPRESENTATIVE SADDLER was unsure how is this is a useful tool to combat alcohol abuse. REPRESENTATIVE TARR said that one of the things is to discourage kids from abusing alcohol. She would like to shield students from the types of experiences they have had with inebriated persons near the school. She suggested that students spend their school day thinking about their future and how to be responsible, but walk outside to see something in stark contrast. She would prefer to have students walk away with positive messages to mull over rather than having the negative encounters and potentially be encouraged to try substances, which should be avoided. 5:03:17 PM PAUL FUHS, Lobbyist, Fairview Business Association, said that the association has supported the bill, but it is part of a general bigger problem. He suggested that if one store is closed or is restricted it will show up someplace else. He said that "we live with this every day." He anticipated that legislators will hear more and more of this until something is done to resolve it. He offered to provide written comments, which suggests a "no sell list" for habitual problem drinkers to focus on the problem and not on the business. The Fairview Business Association further suggests a case-managed and coordinated treatment program using alcohol tax funds. He said an increase in alcohol taxes was passed to provide additional funds for treatment. 5:04:18 PM CHAIR OLSON asked if it was an increase in alcohol tax in 2002. MR. FUHS agreed the increase was $.10 per drink with about half of the amount currently being spent on treatment. 5:04:29 PM MR. FUHS said that the Cabaret, Hotel, Restaurant, and Retailer's Association's (CHARR) and the Municipality of Anchorage's official position is that alcohol tax funds should be spent on treatment. He characterized the current situation as being unacceptable. [HB 336 was held over.]