SB 76 — An Act relating to alcoholic beverages; relating to the regulation of manufacturers, wholesalers, retailers, and common carriers of alcoholic beverages; relating to licenses, endorsements, and permits involving alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to offenses involving alcoholic beverages; amending Rule 17(h), Alaska Rules of Minor Offense Procedure; and providing for an effective date.

0608 (e) The board may issue a license or approve an application for the transfer of 0709 ownership of a license under this section if it appears that issuance or transfer will 0810 encourage the tourism trade.

0911 (f) The holder of a seasonal restaurant or eating place tourism license shall 1012 ensure that gross receipts from the sale of food for consumption on the licensed 1113 premises are not less than the total of the gross receipts from the sale of alcoholic 1214 beverages for consumption on the licensed premises in each calendar year.

At the time 1315 the holder submits an application for renewal of the license, the holder shall submit a 1416 statement to the board certifying that the holder has met the requirement under this 1517 subsection for the designated period of the license under AS 04.11.680.

The board 1618 may renew a seasonal restaurant or eating place tourism license only if the licensee 1719 provides evidence satisfactory to the board that, during the designated period of the 1820 license under AS 04.11.680, the gross receipts from the sale of food for consumption 1921 on the licensed premises were not less than the total of the gross receipts from the sale 2022 of alcoholic beverages for consumption on the licensed premises.

2123 (g) The board shall adopt a regulation establishing a formula to limit the 2224 number of seasonal restaurant or eating place tourism licenses.

2325 (h) The holder of a seasonal restaurant or eating place tourism license may 2426 provide entertainment on or adjacent to the licensed premises only between the hours 2527 of 3:0011:00 p.m.a.m.

unless additional hours are approved by the director upon28 26upon the written request of the licensee for a specific occasion.

The director may not 29 grant 27 approval for additional hours of entertainment on or adjacent to the licensed premises30 28premises of an individual licensee more than three times in a calendar year.

In this 31 subsection, 29 "entertainment" includes dancing, karaoke, live performances, or similar activities, but 30 does not include recorded or broadcast performances without live 02 participation.

3103 (i) Except as provided under AS 04.09.620, 04.09.640, and AS 04.16.120(c), 04 the holder of a seasonal restaurant or eating place tourism license commits the offense 0205 of failure to comply with the terms of a seasonal restaurant or eating place tourism 0306 license if the person sells brewed beverages or wine in violation of (a) of this section 0407 or fails to comply with (f) or (h) of this section.

0508 (j) Failure to comply with the terms of a seasonal restaurant or eating place 0609 tourism license is a violation.

0710 Sec.

(a) A winery direct shipment 0811 license authorizes the holder of a winery retail license issued under AS 04.09.320, or 0912 the holder of a winery license issued in another state, to sell the holder's wine in 1013 response to an order for shipment to a person, for personal use only and not for resale, 1114 who is located in the state.

A winery direct shipment license may not be transferred to 1215 another person or another location.

1316 (b) The biennial fee for a winery direct shipment license is $200.

1417 (c) An applicant for issuance or renewal of a winery direct shipment license 1518 shall 1619 (1) submit an application on a form prescribed by the board;

1720 (2) consent to the jurisdiction of the board, the Department of 1821 Revenue, and any other state agency or state court concerning enforcement of this 1922 title;

and 2023 (3) if the applicant is the holder of a license or permit authorizing the 2124 holder to manufacture and sell wine to the public issued in another state, provide to the 2225 board a copy of the holder's license or permit issued 2326 (A) in the state;

and 2427 (B) by the Alcohol and Tobacco Tax and Trade Bureau.

2528 (d) All wine shipped to a purchaser in the state by the holder of a winery direct 2629 shipment license is subject to the state excise tax.

2730 (e) The holder of a winery direct shipment license may not 2831 (1) ship wine to an address with a zip code located in an area that has 29 adopted a local option under AS 04.11.491;

3002 (2) sell more than the equivalent of six nine-liter cases of wine to a 3103 purchaser in one transaction, or more than the equivalent of 12 nine-liter cases of wine 04 to a purchaser in a calendar year;

and 0205 (3) ship wine using a common carrier who is not approved by the 0306 board to ship alcoholic beverages to persons in the state under AS 04.09.750(b).

0407 (f) Before shipping an order under this section, the holder of a winery direct 0508 shipment license shall 0609 (1) verify that the person submitting the order is at least 21 years of 0710 age, using an age verification service or other method, and that the named recipient of 0811 the shipment, if not the same person as the person submitting the order, is at least 21 0912 years of age;

1013 (2) determine that the order will not exceed the limits of (e)(2) of this 1114 section;

1215 (3) provide written or electronic information to the person submitting 1316 the order on fetal alcohol syndrome and fetal alcohol effects resulting from a woman's 1417 consumption of alcohol during pregnancy;

and 1518 (4) label the shipping container as containing alcoholic beverages and 1619 requiring a signature by a person who is at least 21 years of age upon delivery.

1720 (g) The holder of a winery direct shipment license shall 1821 (1) retain records of sales made under this license for at least two 1922 years;

and 2023 (2) make records of sales available for inspection and audit by the 2124 board and the Department of Revenue.

2225 (h) The board shall compile a list that is available for public inspection of zip 2326 codes that are located within a local option area and notify the holder of a winery 2427 direct shipment license of any change to the list.

2528 (i) The holder of a winery direct shipment license commits the offense of 2629 failure to comply with the terms of a winery direct shipment license if the person fails 2730 to comply with (e) - (g) of this section.

2831 (j) Failure to comply with the terms of a winery direct shipment license is a 29 violation.

3002 Sec.

(a) A person commits the crime of 3103 unlicensed retail sale if the person knowingly operates without the appropriate license 04 a retail operation that requires a license under AS 04.09.200 - 04.09.360.

0205 (b) Unlicensed retail sale is a class A misdemeanor and is punishable under 0306 AS 12.55.

0407 Sec.

(a) A person 0508 commits the crime of unlicensed retail sale in a local option area if the person 0609 knowingly operates without a license in an area that has adopted a local option under 0710 AS 04.11.491 a retail operation that requires a license under AS 04.09.200 - 0811 04.09.360.

0912 (b) Unlicensed retail sale in a local option area is a class C felony and is 1013 punishable under AS 12.55.

1114 Article 5.

1215 Sec.

(a) An endorsement expands the 1316 boundaries of a licensed premises or the authorized activities of a licensed business.

1417 (b) Only the board may issue an endorsement.

The board may issue only the 1518 endorsements authorized in AS 04.09.400 - 04.09.520.

1619 (c) An endorsement is valid only in conjunction with a license.

An 1720 endorsement may only be transferred to another person if the license for which the 1821 endorsement was issued is also transferred to that person.

An endorsement expires if 1922 the licensed premises are relocated, the license expires, or the license is revoked.

2023 (d) Except as provided in (c) of this section, an endorsement is valid for the 2124 duration of the license as designated in AS 04.11.680.

The holder of the endorsement 2225 shall renew the endorsement biennially.

2326 (e) An application for an endorsement under AS 04.09.400 - 04.09.520 must 2427 (1) be made in writing on a form prescribed by the board;

and 2528 (2) demonstrate that the holder of the license has authority over and 2629 will exercise control over conduct of the business in all areas of the licensed premises, 2730 including premises newly licensed by the endorsement.

2831 Sec.

(a) A manufacturer 29 sampling endorsement authorizes the holder of a brewery manufacturer license, 3002 winery manufacturer license, or distillery manufacturer license to offer for 3103 consumption on the licensed premises at no charge a small sample of an alcoholic 04 beverage produced by the manufacturer.

0205 (b) The biennial fee for a manufacturer sampling endorsement is $200.

0306 (c) A person serving a sample of an alcoholic beverage under this section must 0407 have a current alcohol server education card issued under AS 04.21.025(c).

Only the 0508 license holder or an agent or employee of the license holder may serve a sample.

0609 (d) The holder of a manufacturer sampling endorsement may serve a total 0710 volume of samples to a person on a licensed premises each day that does not exceed 0811 (1) for the holder of a brewery manufacturer license, 0912 (A) 12 ounces of beer;

or 1013 (B) six ounces of sake;

1114 (2) for the holder of a winery manufacturer license, 1215 (A) six ounces of wine, mead, or cider containing 8.5 percent 1316 or more alcohol by volume;

or 1417 (B) 12 ounces of cider containing less than 8.5 percent alcohol 1518 by volume;

1619 (3) for the holder of a distillery manufacturer license, 1.5 ounces of 1720 distilled spirits.spirits;

18the (e) The holder of athe distillery manufacturer samplinglicense endorsement may notcombine publiclythe 1921 advertise,holder's includingdistilled throughspirits newsprint,under radio,this orparagraph television,with samplingother activitiesingredients 20that conductedare undernot the22 endorsement.alcoholic beverages, including mixers, liquids, and garnishes.

However,23 the(e) The holder of a manufacturer sampling 21 endorsement may notifynot existingpublicly customers24 ofadvertise, including through newsprint, radio, or television, sampling activities,activities including25 byconducted 22under electronicthe means.endorsement.

23However, (f) A person who offers a sample of an alcoholic beverage for consumption on 24 the licensedholder premises of a brewery,manufacturer winery,sampling or26 distilleryendorsement withoutmay annotify endorsementexisting undercustomers 25of thissampling sectionactivities, commitsincluding theby offense27 ofelectronic unendorsedmeans. sampling.

2628 (g)(f) UnendorsedA samplingperson iswho offers a violationsample andof isan punishablealcoholic bybeverage for consumption on 29 the licensed premises of a finebrewery, winery, or distillery without an endorsement under 30 this section commits the offense of $500.unendorsed sampling.

2731 (h)(g) TheUnendorsed holdersampling ofis a manufacturerviolation samplingand endorsementis whopunishable failsby toa complyfine 28 with the requirements of (c)$500. - (e) of this section commits the offense of failure to 29 comply with the terms of a manufacturer sampling endorsement.

30(h) (i)The Failureholder of a manufacturer sampling endorsement who fails to comply 02 with the termsrequirements of a(c) manufacturer- sampling(e) endorsementof 31this issection commits the offense of failure to 03 comply with the terms of a violation.manufacturer sampling endorsement.

Sec.04 (i) Failure to comply with the terms of a manufacturer sampling endorsement 05 is a violation.

06 Sec.

(a) A multiple fixed 0207 counter endorsement authorizes the holder of a beverage dispensary license or a 0308 beverage dispensary tourism license to sell or serve alcoholic beverages on the 0409 licensed premises from multiple fixed counters.

0510 (b) The biennial fee for a multiple fixed counter endorsement is $200.

0611 (c) In addition to the fee under (b) of this section, the initial application fee for 0712 each fixed counter covered under the endorsement is $1,250.

0813 (d) An initial application for a multiple fixed counter endorsement must 0914 include an annotated drawing of the location of each fixed counter in the licensed 1015 premises.

1116 (e) A fixed counter at which alcoholic beverages are sold or served to the 1217 public for consumption covered under a multiple fixed counter endorsement must be a 1318 regularly maintained fixed counter or service bar that has plumbing connections to 1419 permanent plumbing.

Multiple fixed counters must be located in the same building 1520 under the same contiguous licensed premises as set out in regulation, except as 1621 provided for the holder of a hotel or motel endorsement under AS 04.09.430 or a large 1722 resort endorsement under AS 04.09.440.

The board shall adopt regulations to 1823 implement this subsection.

1924 (f) The holder of a beverage dispensary license or a beverage dispensary 2025 tourism license who maintains multiple fixed counters without an endorsement under 2126 this section commits the offense of unendorsed service at multiple fixed counters.

2227 (g) The holder of a multiple fixed counter endorsement who fails to comply 2328 with the requirements of (e) of this section commits the offense of multiple fixed 2429 counter endorsement noncompliance.

2530 (h) Unendorsed service at multiple fixed counters is a violation and is 2631 punishable by a fine of $500.

27 (i) Multiple fixed counter endorsement noncompliance is a violation.

2802 Sec.

(a) A hotel or motel 2903 endorsement authorizes the holder of a beverage dispensary license or a beverage 3004 dispensary tourism license that is a hotel, motel, resort, or similar business premises 3105 that caters to the traveling public as a substantial part of its business to sell or serve 06 alcoholic beverages on the licensed premises, including in the dining room, banquet 0207 room, and other public areas approved by the board, and in guest rooms.

0308 (b) The biennial fee for a hotel or motel endorsement is $200.

0409 (c) The holder of a beverage dispensary license or a beverage dispensary 0510 tourism license that is a hotel, motel, resort, or similar business premises that caters to 0611 the traveling public as a substantial part of its business shall apply for a multiple fixed 0712 counter endorsement under AS 04.09.420 to sell or serve alcoholic beverages at a 0813 secondary location located in a building different than the licensed premises for the 0914 beverage dispensary license or a beverage dispensary tourism license if the different 1015 building 1116 (1) is located on the same property as, adjacent to, or attached to the 1217 originally licensed premises;

1318 (2) principally caters to guests of the hotel or motel;

and 1419 (3) principally encourages the tourism trade at the hotel or motel.

1520 (d) The holder of a hotel or motel endorsement may stock alcoholic beverages 1621 in guest rooms, for sale and consumption only in the guest room.

Alcoholic beverages 1722 stocked under this subsection must be stocked by an employee who is 21 years of age 1823 or older, may not be supplied or resupplied during hours that the sale of alcoholic 1924 beverages is prohibited as provided under AS 04.16.010(a) and (d), and must be stored 2025 in a unit using a key or combination lock system within the guest room.

A key lock 2126 system must be designed to prevent the removal of the key unless the unit is locked.

2227 Except for the licensee, or an agent or employee of the licensee, a key or combination 2328 enabling a person to obtain alcoholic beverages stocked in a guest room may only be 2429 provided to a guest who occupies the room and who is 21 years of age or older.

2530 (e) The holder of a hotel or motel endorsement shall exercise control over 2631 conduct of the business in all areas of the licensed premises.

27 (f) The holder of a beverage dispensary license or a beverage dispensary 2802 tourism license who engages in activity under this section without an endorsement 2903 under this section commits the offense of unendorsed hotel or motel service.

3004 (g) The holder of a hotel or motel endorsement who fails to comply with the 3105 requirements of this section commits the offense of hotel or motel endorsement 06 noncompliance.

0207 (h) Unendorsed hotel or motel service is a violation and is punishable by a fine 0308 of $500.

0409 (i) Hotel or motel endorsement noncompliance is a violation.

0510 Sec.

(a) A large resort endorsement 0611 authorizes the holder of a beverage dispensary license or a beverage dispensary 0712 tourism license that is a large resort to sell or serve alcoholic beverages from multiple 0813 locations on the resort property including in the dining room, banquet room, and other 0914 public areas approved by the board, and in guest rooms, regardless of whether the 1015 locations are in the same building or under the same roof.

1116 (b) The biennial fee for a large resort endorsement is $200.

1217 (c) The holder of a large resort endorsement shall apply for a multiple fixed 1318 counter endorsement under AS 04.09.420 to sell or serve alcoholic beverages from 1419 multiple locations within the large resort's property.

The locations do not need to be 1520 located in the same building or on the same parcel, but must be within the boundary of 1621 the large resort, as that term is defined in (h) of this section.

1722 (d) The holder of a large resort endorsement may sell or serve alcoholic 1823 beverages only from locations on the site of the large resort.

1924 (e) For federal income tax purposes, the profit and loss from the licensed 2025 business conducted at locations on the resort under a large resort endorsement, other 2126 than guest rooms, must be combined or consolidated with the profit and loss from the 2227 licensed business conducted under the multiple fixed counter endorsement.

2328 (f) The holder of a large resort endorsement shall exercise control over 2429 conduct of the business in all areas of the licensed premises.

2530 (g) A holder of a beverage dispensary license with a large resort endorsement 2631 may stock alcoholic beverages in guest rooms, for sale and consumption only in the 27 guest room.

Alcoholic beverages stocked under this subsection must be stocked by an 2802 employee who is 21 years of age or older, may not be supplied or resupplied during 2903 hours that the sale of alcoholic beverages is prohibited as provided under 3004 AS 04.16.010(a) and (d), and must be stored in a unit using a key or combination lock 3105 system within the guest room.

A key lock system must be designed to prevent the 06 removal of the key unless the unit is locked.

Except for the licensee, or an agent or 0207 employee of the licensee, a key or combination enabling a person to obtain alcoholic 0308 beverages stocked in a guest room may be provided only to a guest who occupies the 0409 room and who is 21 years of age or older.

0510 (h) In this section, "large resort" means a resort that offers both outdoor 0611 recreational activities and overnight lodging to the public and is located on a site 0712 consisting of at least 10 contiguous acres containing one or more parcels of real 0813 property owned by the licensee, leased by the licensee, or a combination of parcels 0914 owned by the licensee and leased by the licensee.

1015 (i) The holder of a beverage dispensary license or a beverage dispensary 1116 tourism license who engages in activity under this section without an endorsement 1217 under this section commits the offense of unendorsed large resort service.

1318 (j) The holder of a large resort endorsement who fails to comply with the 1419 requirements of (c) - (g) of this section commits the offense of large resort 1520 endorsement noncompliance.

1621 (k) Unendorsed large resort service is a violation and is punishable by a fine of 1722 $500.

1823 (l) Large resort endorsement noncompliance is a violation.

1924 Sec.

(a) A restaurant endorsement 2025 authorizes the holder of a restaurant or eating place license, beverage dispensary 2126 license, golf course license, sporting event license, club license, outdoor recreation 2227 lodge license, destination resort license, beverage dispensary tourism license, or 2328 seasonal restaurant or eating place tourism license to allow a person 2429 (1) under 21 years of age access as provided in (e) of this section to the 2530 premises of a bona fide restaurant on the licensed premises;

and 2631 (2) to enter or remain on the licensed premises to consume food or 27 nonalcoholic beverages as authorized under AS 04.16.010(c)(5).

2802 (b) The biennial fee for a restaurant endorsement is $200.

2903 (c) An application for a restaurant endorsement must specify the establishment 3004 or portion of the establishment that constitutes a bona fide restaurant.

3105 (d) The board may issue an endorsement under this section only if the board 06 finds 0207 (1) that the establishment or portion of the establishment for which the 0308 endorsement is requested is a bona fide restaurant;

0409 (2) there is supervision on the premises adequate to reasonably ensure 0510 that a person under 21 years of age will not obtain alcoholic beverages;

and 0611 (3) that it is unlikely that persons under 21 years of age not employed 0712 on the premises will enter and remain on the premises of the bona fide restaurant for 0813 purposes other than dining.

0914 (e) The board may authorize the holder of a license with a restaurant 1015 endorsement 1116 (1) to allow a person who is at least 16 years of age but under 21 years 1217 of age to enter and remain on the licensed premises for dining only;

1318 (2) to allow a person who is under 16 years of age to enter and remain 1419 on the licensed premises for dining only if 1520 (A) the person is accompanied by a person who is 21 years of 1621 age or older;

and 1722 (B) the parent or guardian of the person consents to the person 1823 being on the licensed premises;

and 1924 (3) subject to AS 04.16.049, to employ or permit the employment of a 2025 person who is at least 16 years of age but under 21 years of age on the premises of the 2126 bona fide restaurant if the employer provides adequate supervision to ensure that the 2227 person does not obtain alcoholic beverages.

2328 (f) The holder of a license who engages in activity under this section without 2429 an endorsement under this section commits the offense of unendorsed restaurant 2530 service.

2631 (g) The holder of a restaurant endorsement who engages in activity not 27 authorized by the board under (e) of this section or fails to comply with the 2802 requirements of (e) of this section commits the offense of restaurant endorsement 2903 noncompliance.

3004 (h) Unendorsed restaurant service is a violation and is punishable by a fine of 3105 $500.

06 (i) Restaurant endorsement noncompliance is a violation.

0207 Sec.

(a) A package store 0308 shipping endorsement authorizes the holder of a package store license to sell alcoholic 0409 beverages to a person who makes an order to that licensee for shipment.

0510 (b) The biennial fee for a package store shipping endorsement is $200.

0611 (c) An endorsement holder may ship alcoholic beverages only to the purchaser 0712 and may ship alcoholic beverages only in response to an order.

The endorsement 0813 holder may not, in response to an order, ship alcohol to a purchaser at an address other 0914 than the address where the purchaser resides or, if the purchaser resides in a 1015 municipality or established village that has adopted a local option under 1116 AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2) for which a community delivery site has 1217 been designated under AS 04.11.491(f), to an address other than that community 1318 delivery site except as provided by AS 04.11.491(f)(1) and (2).

1419 (d) An endorsement holder shall provide written or electronic information on 1520 fetal alcohol syndrome and fetal alcohol effects resulting from a woman's 1621 consumption of alcohol during pregnancy to the purchaser in response to an order.

1722 (e) If a shipment is to an area that has restricted the sale of alcoholic beverages 1823 under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), an endorsement holder may not 1924 ship to a purchaser more than 10.5 liters of distilled spirits or 24 liters or more of wine, 2025 or either a half-barrel keg of brewed beverages or 15.5 gallons or more of brewed 2126 beverages in individual containers in a calendar month, or a lower amount of distilled 2227 spirits, wine, or brewed beverages if the municipality or established village has 2328 adopted the lower amount by local option under AS 04.11.491(g).

Before shipping 2429 alcohol to a purchaser in a restricted area, an endorsement holder shall consult the 2530 database maintained by the board under AS 04.06.095 for any alcoholic beverage 2631 shipments made to the purchaser during that calendar month by a package store.

An 27 endorsement holder may not ship an amount of alcoholic beverages to a purchaser in a 2802 restricted area that, when added to the amount already shipped, exceeds the amount 2903 authorized by this subsection.

An endorsement holder shall immediately enter into the 3004 database the date and the amount of alcoholic beverages shipped to the purchaser.

3105 (f) An endorsement holder may not divide or combine shipments of alcoholic 06 beverages so as to circumvent the limitation imposed under (e) of this section.

0207 (g) In this section, "endorsement holder" means the holder of a package store 0308 license with a package store shipping endorsement, and an agent or employee of the 0409 holder of a package store license with a package store shipping endorsement.

0510 (h) The holder of a package store license who ships alcoholic beverages 0611 without an endorsement under this section commits the offense of unendorsed package 0712 store shipping.

0813 (i) The holder of a package store shipping endorsement who fails to comply 0914 with the requirements of (c) - (f) of this section commits the offense of package store 1015 shipping endorsement noncompliance.

1116 (j) Unendorsed package store shipping is a violation and is punishable by a 1217 fine of $500.

1318 (k) Package store shipping endorsement noncompliance is a violation.

1419 Sec.

(a) A package store 1520 delivery endorsement authorizes the holder of a package store license to deliver 1621 alcoholic beverages to the location of a social event as set out in this section.

For 1722 purposes of this subsection, the board shall define by regulation the term "social 1823 event." 1924 (b) The biennial fee for a package store delivery endorsement is $200.

2025 (c) The holder of a package store delivery endorsement may deliver alcoholic 2126 beverages only in response to an order.

The board shall adopt regulations specifying 2227 the occasions for which delivery of alcoholic beverages is allowed and the manner of 2328 delivery by the licensee.

2429 (d) The holder of a package store delivery endorsement may deliver alcoholic 2530 beverages only to a responsible adult at the delivery location specified on the order.

2631 The responsible adult shall provide identification and acceptable proof of age under 27 AS 04.21.050 and acknowledge in writing receipt of the alcoholic beverages.

2802 (e) The holder of a package store license who delivers alcoholic beverages 2903 without an endorsement under this section commits the offense of unendorsed package 3004 store delivery.

3105 (f) The holder of a package store delivery endorsement who fails to comply 06 with the requirements of (c) and (d) of this section commits the offense of package 0207 store delivery endorsement noncompliance.

0308 (g) Unendorsed package store delivery is a violation and is punishable by a 0409 fine of $500.

0510 (h) Package store delivery endorsement noncompliance is a violation.

0611 Sec.

(a) A package 0712 store repackaging endorsement authorizes the holder of a package store license to 0813 subdivide and sell alcoholic beverages from original packages with federally 0914 compliant labels to smaller containers with the standard federal government warnings 1015 and the product name.

1116 (b) The biennial fee for a package store repackaging endorsement is $200.

1217 (c) A package store licensee with a package store repackaging endorsement 1318 may 1419 (1) subdivide alcoholic beverages 1520 (A) for sale on the licensed premises by opening the original 1621 package for the purpose of subdividing the contents into smaller packages;

or 1722 (B) in response to a purchase request from a person who is on 1823 the licensed premises or purchase order submitted in accordance with 1924 AS 04.09.470(c);

2025 (2) permit an agent or employee to subdivide alcoholic beverages, but 2126 may not permit a customer or another person who is not an agent or employee of the 2227 licensee to subdivide alcoholic beverages.

2328 (d) The holder of a package store license who repackages alcoholic beverages 2429 without an endorsement under this section commits the offense of unendorsed package 2530 store repackaging.

2631 (e) The holder of a package store repackaging endorsement who fails to 27 comply with the requirements of this section commits the offense of package store 2802 repackaging endorsement noncompliance.

2903 (f) Unendorsed package store repackaging is a violation and is punishable by a 3004 fine of $500.

3105 (g) Package store repackaging endorsement noncompliance is a violation.

06 Sec.

(a) A package store 0207 sampling endorsement authorizes the holder of a package store license to offer for 0308 consumption on the licensed premises at no charge a small sample of an alcoholic 0409 beverage from its inventory during the package store's stated hours of business, but not 0510 between the hours of midnight and 8 a.m.

0611 (b) The biennial fee for a package store sampling endorsement is $200.

0712 (c) Only the license holder or an agent or employee of the license holder may 0813 serve a sample.

0914 (d) The holder of a package store sampling endorsement may serve a total 1015 volume of samples to a person on a licensed premises each day that does not exceed 1116 (1) 12six ounces of beer or cider, if the cider contains less than 8.5 1217 percent alcohol by volume;

1318 (2) sixthree ounces of wine, mead, sake, or cider, if the cider contains 8.5 1419 percent or more alcohol by volume;

1520 (3) 1.5.75 ounces of distilled spirits;

or 1621 (4) the alcoholic equivalent of (1), (2), or (3) of this subsection.

1722 (e) The holder of a package store sampling endorsement may not publicly 1823 advertise, including through newsprint, radio, or television, sampling activities 1924 conducted under the endorsement.

However, the holder of a package store sampling 2025 endorsement may notify existing customers of sampling activities, including by 2126 electronic means.

2227 (f) A person who offers a sample of an alcoholic beverage for consumption on 2328 the licensed premises of a package store without an endorsement under this section 2429 commits the offense of unendorsed package store sampling.

2530 (g) Unendorsed package store sampling is a violation and is punishable by a 2631 fine of $500.

27 (h) The holder of a package store sampling endorsement who fails to comply 2802 with the requirements of (a) and (c) - (e) of this section commits the offense of failure 2903 to comply with the terms of a package store sampling endorsement.

3004 (i) Failure to comply with the terms of a package store sampling endorsement 3105 is a violation.

06 Sec.

(a) A bowling alley endorsement 0207 authorizes the holder of a beverage dispensary license or a beverage dispensary 0308 tourism license to sell or serve alcoholic beverages in the concourse or lane areas of 0409 the bowling alley adjacent to the main bar area.

0510 (b) The biennial fee for a bowling alley endorsement is $200.

0611 (c) The board may issue a bowling alley endorsement only if the concourse or 0712 lane areas of the bowling alley or both are 0813 (1) designated as part of the licensed premises for the beverage 0914 dispensary license or a beverage dispensary tourism license;

and 1015 (2) adjacent to the main bar area.

1116 (d) Notwithstanding AS 04.16.049, the board may, upon application, authorize 1217 access by persons under 21 years of age to the concourse or lane areas or both that are 1318 designated part of the licensed premises of the bowling alley during hours when no 1419 alcoholic beverages are being sold, served, or consumed.

1520 (e) The periods during which persons under 21 years of age may be permitted 1621 access to the licensed premises must be clearly posted on the licensed premises.

1722 (f) The holder of a beverage dispensary license or a beverage dispensary 1823 tourism license who sells or serves alcoholic beverages in the concourse or lane areas 1924 of a bowling alley without an endorsement under this section commits the offense of 2025 unendorsed bowling alley service.

2126 (g) The holder of a bowling alley endorsement under this section who fails to 2227 comply with the requirements of (e) of this section or who permits access by a person 2328 under 21 years of age to the concourse or lane areas of the bowling alley during hours 2429 when alcoholic beverages are being served in the concourse or lane areas commits the 2530 offense of bowling alley endorsement noncompliance.

2631 (h) Unendorsed bowling alley service is a violation and is punishable by a fine 27 of $500.

2802 (i) Bowling alley endorsement noncompliance is a violation.

2903 Sec.

(a) A golf course endorsement 3004 authorizes the owner of a golf course who has obtained a beverage dispensary license 3105 or a beverage dispensary tourism license to sell or serve alcoholic beverages on the 06 golf course, driving range, club house and other buildings located on the course, and a 0207 vending cart carrying beverages or food to, from, or on the course, excluding the 0308 parking lot.

0409 (b) The biennial fee for a golf course endorsement is $200.

0510 (c) An application for a golf course endorsement must include a drawing of 0611 the golf course with an annotated illustration and a description of the portions of the 0712 course that are licensed premises and that are intended to be covered by the 0813 endorsement.

0914 (d) The holder of a beverage dispensary license or beverage dispensary 1015 tourism license who sells or serves alcoholic beverages on a golf course without an 1116 endorsement under this section commits the offense of unendorsed golf course service.

1217 (e) The holder of a golf course endorsement who fails to comply with (a) of 1318 this section commits the offense of golf course endorsement noncompliance.

1419 (f) Unendorsed golf course service is a violation and is punishable by a fine of 1520 $500.

1621 (g) Golf course endorsement noncompliance is a violation.

1722 Sec.

(a) A brewery 1823 repackaging endorsement authorizes the holder of a brewery manufacturer license who 1924 held a license to operate a brewpub under former AS 04.11.135 and was operating a 2025 brewpub on the day before the effective date of this section and who also holds, 2126 wholly or in part, a beverage dispensary license, beverage dispensary tourism license, 2227 restaurant or eating place license, or a seasonal restaurant or eating place tourism 2328 license to offer the holder's brewed beverages for sale for consumption off the licensed 2429 premises and to subdivide and sell the holder's brewed beverages from original 2530 packages with federally compliant labels to smaller containers with the standard 2631 federal government warnings and the product name.

27 (b) The biennial fee for a brewery repackaging endorsement is $200.

2802 (c) A brewery manufacturer licensee with a brewery repackaging endorsement 2903 (1) is authorized to sell, each day to a person on the licensed premises 3004 for consumption off the licensed premises, not more than 3105 (A) 5.167 gallons of the holder's beer;

or 06 (B) nine liters of sake;

0207 (2) may permit an agent or employee to subdivide the holder's brewed 0308 beverages, but may not permit a customer or another person who is not an agent or 0409 employee of the licensee to subdivide the holder's brewed beverages.

0510 (d) The holder of a brewery manufacturer license who repackages brewed 0611 beverages without an endorsement under this section or a brewery retail license under 0712 AS 04.09.310 commits the offense of unendorsed brewery repackaging.

0813 (e) In this section, "licensed premises" means a premises licensed under a 0914 beverage dispensary license, beverage dispensary tourism license, restaurant or eating 1015 place license, or a seasonal restaurant or eating place tourism license that is controlled 1116 by a brewery manufacturer licensee.

1217 (f) The holder of a brewery repackaging endorsement who fails to comply 1318 with the requirements of this section commits the offense of brewery repackaging 1419 endorsement noncompliance.

1520 (g) Unendorsed brewery repackaging is a violation, punishable by a fine of 1621 $500.

1722 (h) Brewery repackaging endorsement noncompliance is a violation.

1823 Article 6.

1924 Sec.

(a) A permit allows catering and serving 2025 activities for a specific time period on a single specified premises and allows an 2126 eligible nonprofit organization to host a fundraising or not-for-profit event.

2227 (b) The director may issue only the permits authorized in AS 04.09.600 - 2328 04.09.690.

An application for a permit must be received by the director not less than 2429 three business days before the first day of the event.

Except for a conditional 2530 contractor's permit issued under AS 04.09.690, the director shall require every person 2631 who will serve or sell alcohol or check identification of a patron during a permitted 27 event to complete an alcohol server education course under AS 04.21.025 before the 2802 first day of the permitted event.

2903 (c) An applicant for a permit must follow the application requirements set out 3004 in AS 04.11.260.

3105 (d) A permit, other than an inventory resale permit under AS 04.09.680 and a 06 conditional contractor's permit under AS 04.09.690, is valid only on the premises, for 0207 the event, and for the period specified.

0308 (e) The holder of an approved permit may submit a written request for 0409 amendment of the approved permit to change the event date, site, designated area, or 0510 designated time.

The holder of the approved permit shall submit the request to the 0611 director not later than three business days before the event and shall include approval 0712 of the law enforcement agency having jurisdiction over the site of the event for which 0813 the amended permit is sought.

0914 (f) The holder of an approved permit shall ensure that the individuals serving 1015 alcohol have completed alcohol server training as required under AS 04.21.025 before 1116 the first day of the permitted event.

1217 (g) A permit may not be transferred to another person or another location and, 1318 except for a conditional contractor's permit under AS 04.09.690, may not be renewed.

1419 (h) Except as otherwise provided in AS 04.09.680 for an inventory resale 1520 permit and AS 04.09.690 for a conditional contractor's permit, the fee for a permit 1621 shall be set by the board in regulation.

The fee must be at least $50 for each day of the 1722 event.

1823 (i) The director shall approve or deny a permit application.

If the director 1924 denies a permit application, the applicant may appeal to the board.

2025 Sec.

A beverage 2126 dispensary caterer's permit authorizes the holder of a beverage dispensary license or 2227 beverage dispensary tourism license to sell or dispense alcoholic beverages at 2328 conventions, picnics, sporting events, concerts, street festivals, or similar affairs held 2429 off the holder's licensed premises for which a beverage dispensary license or beverage 2530 dispensary tourism license would not otherwise be required.

The permit may be issued 2631 only for designated premises for a specific occasion and for a limited period.

27 Sec.

(a) A restaurant caterer's 2802 dining permit authorizes the holder of a restaurant or eating place license or a seasonal 2903 restaurant or eating place tourism license to sell brewed beverages and wine before 3004 and during the service of food provided by the licensee at a single dining event held 3105 off the holder's licensed premises.

06 (b) The director may issue a restaurant caterer's dining permit only for 0207 designated premises, for a specific occasion, and for a limited period.

0308 (c) The licensee shall provide food in conjunction with the service of brewed 0409 beverages and wine under a restaurant caterer's dining permit.

The licensee shall 0510 comply with the requirements for gross receipts from food sales for a restaurant or 0611 eating place license under AS 04.09.210(d) or a seasonal restaurant or eating place 0712 tourism license under AS 04.09.350(f).

0813 Sec.

(a) A club caterer's permit authorizes 0914 the holder of a club license to sell or dispense alcoholic beverages at an event held off 1015 the club's licensed premises.

1116 (b) The application for a club caterer's permit filed under AS 04.11.260 must 1217 be signed by two officers of the organization.

1318 (c) A restriction or prohibition under AS 04.09.220 regarding a club member 1419 or a guest of a club member applies at the premises covered by the permit.

1520 (d) The director may not issue more than three club caterer's permits to the 1621 holder of a club license in a calendar year.

1722 Sec.

(a) An art exhibit event permit 1823 authorizes the holder of a beverage dispensary license, a beverage dispensary tourism 1924 license, a restaurant or eating place license, or a seasonal restaurant or eating place 2025 tourism license to sell and serve brewed beverages and wine for consumption at a 2126 specific art exhibit event.

2227 (b) The director may issue an art exhibit event permit only for a specific art 2328 exhibit event at premises designated in the application for a limited period specified in 2429 the application.

2530 (c) The director may not grant more than 12 art exhibit event permits to a 2631 licensee in a calendar year.

27 (d) An art exhibit event permit may not be exercised during an event that is 2802 expected to attract attendees under 21 years of age.

2903 (e) Food must be provided in conjunction with the service of brewed 3004 beverages and wine under an art exhibit event permit.

3105 Sec.

(a) A nonprofit 06 organization event permit authorizes the holder to sell or dispense brewed beverages 0207 or wine for consumption at an event organized by the nonprofit organization.

0308 (b) Only a nonprofit organization, such as a fraternal, civic, professional, or 0409 patriotic organization, that is incorporated under AS 10.20 and has been active for a 0510 period of at least two years before filing an application is eligible for a nonprofit 0611 organization event permit.

0712 (c) The application for a nonprofit organization event permit filed under 0813 AS 04.11.260 must be signed by two officers of the organization.

The nonprofit 0914 organization shall submit, together with the application, 1015 (1) either a signed copy of a resolution adopted by the board of 1116 directors or a copy of the minutes from a board meeting of the nonprofit organization 1217 authorizing the application;

and 1318 (2) a sworn affidavit showing the length of time the organization has 1419 been in existence.

1520 (d) The director may not issue more than five nonprofit organization event 1621 permits to a nonprofit organization, including an auxiliary of the organization, in a 1722 calendar year.

A nonprofit organization event permit may only be issued for 1823 designated premises for a specific occasion and for a limited period of time as 1924 specified in the application.

2025 (e) The nonprofit organization shall ensure that all profits derived from the 2126 sale of brewed beverages or wine under a nonprofit organization event permit are paid 2227 to the organization that holds the permit and not to an individual.

2328 Sec.

(a) An alcoholic 2429 beverage auction permit authorizes the holder to sell alcoholic beverages by outcry or 2530 silent auction.

An alcoholic beverage auction permit is sufficient to authorize a 2631 nonprofit organization under (b) of this section to sell alcoholic beverages by outcry or 27 silent auction, and no other permit or license is required.

An alcoholic beverage 2802 auction permit may be operated on the licensed premises of a beverage dispensary 2903 license, beverage dispensary tourism license, club license, restaurant or eating place 3004 license, or seasonal restaurant or eating place license.

3105 (b) Only a nonprofit organization, such as a fraternal, civic, professional, or 06 patriotic organization, that is incorporated under AS 10.20 and has been active for a 0207 period of at least two years before filing an application is eligible for an alcoholic 0308 beverage auction permit.

0409 (c) The application for an alcoholic beverage auction permit filed under 0510 AS 04.11.260 must be signed by two officers of the organization.

The nonprofit 0611 organization shall submit, together with the application, 0712 (1) either a signed copy of a resolution adopted by the board of 0813 directors or a copy of the minutes of a board meeting of the nonprofit organization 0914 authorizing the application;

and 1015 (2) a sworn affidavit showing the length of time the organization has 1116 been in existence.

1217 (d) The director may not issue more than five alcoholic beverage auction 1318 permits to a nonprofit organization, including an auxiliary of the organization, in a 1419 calendar year.

The director may issue a permit only for designated premises for a 1520 specific event and for a limited period as specified in the application.

1621 (e) The nonprofit organization shall ensure that all profits derived from the 1722 sale of brewed beverages or wine under an alcoholic beverage auction permit are paid 1823 to the organization that holds the permit and not to an individual.

1924 (f) The nonprofit organization may not permit consumption at the auction site 2025 of the alcoholic beverages being auctioned under a nonprofit organization alcoholic 2126 beverage auction permit.

2227 Sec.

(a) A tasting event permit authorizes 2328 the holder of a beverage dispensary license or a beverage dispensary tourism license to 2429 sell or dispense alcoholic beverages at a tasting event held in partnership with the 2530 holder of a package store license, brewery retail license, winery retail license, or 2631 distillery retail license.

27 (b) A tasting event must be for the purpose of promoting products available 2802 for purchase from the partnering package store licensee, brewery retail licensee, 2903 winery retail licensee, or distillery retail licensee;

only products produced or sold by 3004 the partnering licensee may be sold or dispensed at the event.

3105 (c) Only the holder of a beverage dispensary license or a beverage dispensary 06 tourism license may apply for a tasting event permit under this section.

An application 0207 for a tasting event permit must list both the beverage dispensary licensee or beverage 0308 dispensary tourism licensee and the partnering licensee, and specify the designated 0409 premises for the event.

The tasting event must be held in the same municipality or 0510 organized village in which the licensed premises of the partnering licensee are located.

0611 (d) The director may not issue more than six permits in a calendar year to a 0712 beverage dispensary licensee or a beverage dispensary tourism licensee for tasting 0813 events with a particular partnering licensee;

however, there is no limit on the number 0914 of different partnering licensees with whom a beverage dispensary licensee may 1015 partner for different events.

If a person holds two or more qualifying partnering 1116 licenses, then the director shall treat each license as separate and distinct when 1217 applying the limitation under this subsection, regardless of how many other licenses 1318 the person holds, wholly or in part.

1419 (e) The director may not issue a tasting event permit for a period that 1520 (1) is longer than four hours;

1621 (2) lasts beyond 9:00 p.m.

1722 (f) Food must be provided in conjunction with the service of alcoholic 1823 beverages under a tasting event permit.

1924 (g) In this section, "partnering licensee" means the holder of a package store 2025 license, brewery retail license, winery retail license, or distillery retail license who has 2126 partnered with the holder of a beverage dispensary license or a beverage dispensary 2227 tourism license to host a tasting event permitted by this section.

2328 Sec.

(a) An inventory resale permit 2429 authorizes the holder to sell the remaining inventory of alcoholic beverages of a 2530 business when the owner of the business no longer has a valid license under this title.

2631 (b) The fee for an inventory resale permit is $100.

27 (c) The holder of an inventory resale permit may sell the remaining alcoholic 2802 beverage inventory only to the holder of a valid license under this chapter.

2903 (d) The director may issue an inventory resale permit for a period ending 90 3004 days after the date of expiration or forfeiture of the license.

The director may not issue 3105 a permit if the license was suspended or revoked.

06 Sec.

(a) A conditional 0207 contractor's permit authorizes the holder to sell brewed beverages or wine for 0308 consumption only on designated premises for the designated period of the permit 0409 under AS 04.11.680 at construction sites that are located outside a city and inside the 0510 boundaries of a military or naval reservation.

0611 (b) The biennial conditional contractor's permit fee is $1,200.

0712 (c) An applicant for a conditional contractor's permit must obtain and file with 0813 the board written permission from the commanding officer of the military or naval 0914 reservation and the prime contractor of the remotely situated project for the conduct of 1015 the activities authorized by the permit.

A conditional contractor's permit may be 1116 renewed biennially upon reapplication for a permit and may be revoked or suspended 1217 at the discretion of the commanding officer or the prime contractor.

1318 (d) A conditional contractor's permit may not be transferred and is not valid 1419 after the completion of the holder's contract or the closing of the military or naval 1520 reservation.

1621 Sec.

(a) A person 1722 who engages in activity that requires a permit under AS 04.09.600 - 04.09.690 without 1823 having a permit and a person who violates the terms of a permit issued under 1924 AS 04.09.600 - 04.09.690 commits the offense of failure to comply with a permit 2025 requirement.

2126 (b) Except as provided in (c) of this section, failure to comply with a permit 2227 requirement is a violation punishable under AS 04.21.072.

2328 (c) Failure to comply with a permit requirement of an inventory resale permit 2429 under AS 04.09.680 or a conditional contractor's permit under AS 04.09.690 is 2530 punishable by a fine of $500.

2631 Article 7.

27 Sec.

(a) A common carrier may not 2802 transport or deliver alcoholic beverages to a person in the state unless the board has 2903 approved the common carrier under (b) of this section.

3004 (b) A common carrier may apply to the board, on a form prescribed by the 3105 board, for approval to transport and deliver alcoholic beverages to persons in the state.

06 The board shall approve an application if the common carrier certifies that it will meet 0207 the requirements under (c) and (d) of this section.

0308 (c) A common carrier delivering alcoholic beverages to a person in the state 0409 shall ensure that the package containing alcoholic beverages is delivered directly to a 0510 person who 0611 (1) presents identification and acceptable proof of age under 0712 AS 04.21.050 showing that the person is 21 years of age or older;

and 0813 (2) provides a signature acknowledging that the person received the 0914 package.

1015 (d) A common carrier approved by the board under (b) of this section shall 1116 make records of shipments of alcoholic beverages to persons in the state available for 1217 inspection and audit by the board.

The board may require periodic reporting of 1318 approved common carriers on a form prescribed by the board.

1419 (e) The board shall maintain, periodically review, and make available for 1520 public inspection a list of approved common carriers for transport and delivery of 1621 alcoholic beverages to persons in the state.

1722 (f) The board may remove a previously approved common carrier from the list 1823 if the common carrier transports or delivers alcoholic beverages in violation of (c) or 1924 (d) of this section.

2025 (g) A common carrier that has not been approved by the board to transport and 2126 deliver alcoholic beverages and that transports or delivers alcoholic beverages into or 2227 within the state commits the offense of unapproved common carrier transport or 2328 delivery of alcoholic beverages.

2429 (h) Unapproved common carrier transport or delivery of alcoholic beverages is 2530 a violation and is punishable by a fine of $500.

2631 (i) An approved common carrier that violates a provision under (c) or (d) of 27 this section commits the offense of common carrier noncompliance for transport or 2802 delivery of alcoholic beverages.

2903 (j) Common carrier noncompliance for transport or delivery of alcoholic 3004 beverages is a violation.

3105 (k) In this section, 06 (1) "common carrier" means a motor vehicle, watercraft, aircraft, or 0207 railroad car available for public hire to transport freight or passengers;

0308 (2) "transport" has the meaning given in AS 04.11.499.

0409 * Sec.

0510 (a) A [EXCEPT AS PROVIDED IN AS 04.11.020, A] person may not 0611 knowingly [MANUFACTURE, SELL, OFFER FOR SALE,] possess for [SALE OR] 0712 barter, traffic in, or barter an alcoholic beverage unless under license or permit issued 0813 under this title.

0914 * Sec.

1015 (b) Except as provided in this subsection, a person may not solicit or receive 1116 orders for the delivery of an alcoholic beverage in an area that has adopted a local 1217 option under AS 04.11.491.

If the area has adopted a local option under 1318 AS 04.11.491(a)(1), (2), or (3), or (b)(1) or (2), a package store licensee outside of that 1419 local option area may receive orders as provided under a package store shipping 1520 endorsement under AS 04.09.460 [AS 04.11.150] but may not solicit in that area or 1621 receive orders through an agent or employee in that area.

This subsection does not 1722 apply to a package store licensee who operates a package store in an area that has 1823 adopted a local option under AS 04.11.491(a)(2)(C) or (3)(C) or (b)(2)(C).

A person 1924 who violates this subsection is punishable upon conviction as provided under 2025 AS 04.16.200(a) or (b).

2126 * Sec.

2227 (c) Unless a municipality or established village has adopted a more restrictive 2328 local option under AS 04.11.491(g), in a criminal prosecution for possession of 2429 alcoholic beverages for barter or sale in violation of (a) of this section, AS 04.09.060, 2530 04.09.070, 04.09.140, 04.09.145, 04.09.370, or 04.09.380, the fact that a person 2631 (1) possessed more than 10 1/2 liters of distilled spirits or 24 liters or 27 more of wine, or either a half-barrel keg [HALF-KEG] of brewed [MALT] 2802 beverages or 15.5 [12] gallons or more of brewed [MALT] beverages in individual 2903 containers in an area where the sale of alcoholic beverages is restricted or prohibited 3004 under AS 04.11.491 creates a presumption that the person possessed the alcoholic 3105 beverages for barter or sale;

06 (2) sends, transports, or brings more than 10 1/2 liters of distilled 0207 spirits or 24 liters or more of wine, or either a half-barrel keg [HALF-KEG] of 0308 brewed [MALT] beverages or 15.5 [12] gallons or more of brewed [MALT] 0409 beverages in individual containers to an area where the sale of alcoholic beverages is 0510 restricted or prohibited under AS 04.11.491 creates a presumption that the person sent, 0611 transported, or brought the alcoholic beverages for barter or sale in the area.

0712 * Sec.

0813 Sec.

(a) A person may not 0914 purchase or barter for alcoholic beverages from a person who is not a licensee, 1015 permittee, or an agent or employee of a licensee or permittee.

1116 (b) A person who violates (a) of this section is guilty of a violation.

1217 * Sec.

1318 (d) A person who transfers a license or permit or a controlling interest in a 1419 license or permit in violation of this section commits the offense of unauthorized 1520 transfer of an alcoholic beverage license or permit.

1621 (e) Unauthorized transfer of an alcoholic beverage license or permit is a 1722 violation.

1823 * Sec.

1924 (c) A limited liability organization that fails to report as required under (a) of 2025 this section commits the offense of failure to report a change in member interest or 2126 manager.

2227 (d) Failure to report a change in member interest or manager is a violation.

2328 * Sec.

2429 (d) A corporation that fails to report as required under (a) of this section, other 2530 than a corporation described in (c) of this section, commits the offense of failure to 2631 report a stock transfer or change of officers or board members.

27 (e) Failure to report a stock transfer or change of officers or board members is 2802 a violation.

2903 * Sec.

3004 (c) A partnership that fails to report as required under (a) of this section 3105 commits the offense of failure to report a transfer of partnership interest or change of 06 general partner.

0207 (d) Failure to report a transfer of partnership interest or change of general 0308 partner is a violation.

0409 * Sec.

0510 Sec.

A 0611 distiller, brewer, winery, or wholesaler whose plant or principal place of business is 0712 outside the state may not sell products directly to licensees in the state without 0813 (1) obtaining a general wholesale license under AS 04.09.100 0914 [AS 04.11.160(a)] for each wholesale distributing point in the state;

1015 (2) appointing an agent upon whom process can be served;

and 1116 (3) obtaining other applicable licenses under the provisions of this title.

1217 * Sec.

1318 (b) A person who violates (a) of this section is guilty of a class A 1419 misdemeanor.

1520 * Sec.

AS 04.11.170 is amended by adding new subsections to read:

21 (f) The holder of a distillery license may combine the distillery's product 22 under (d) and (e) of this section with other ingredients that are not alcoholic beverages, 23 including mixers, liquids, or garnishes.

24 (g) In this section, "distillery's product" means an alcoholic beverage distilled 25 on the licensed premises.

26 * Sec.

21.

1627 Sec.

(a) An 1728 applicant for a new license, endorsement, or permit shall file with the director a 1829 written application, signed and sworn to by the applicant, giving the applicant's name, 1930 mailing address, telephone number, and electronic mail address.

If the applicant is 2031 a corporation, the application shall be executed by an [THE] authorized officer 21 [OFFICERS] of the corporation.

If the applicant is a partnership, including a limited 2202 partnership, the application shall be executed by an authorized general partner.

The 2303 application must include 2404 (1) the type of license, endorsement, or permit desired;

2505 (2) a description of the premises for which the license, endorsement, 2606 or permit is desired, giving the address by street and number, or other information, so 2707 that the location of the premises can be definitely determined;

2808 (3) an annotated illustration of the premises designating the areas 2909 for manufacture, storage, service, and consumption of alcoholic beverages and, 3010 for a license application, the area for warehousing of the alcoholic beverages;

3111 (4) the license, endorsement, or permit fee, and, for a multiple fixed 12 counter endorsement, the application fee for each counter;

0213 (5) [(4)] the duration of the license, endorsement, or permit desired, 0314 including, for a permit, a statement of the event dates and the specific hours of 0415 intended operation;

0516 (6) [(5)] any other information required by the board.

0617 (b) A corporation applying for a license or conditional contractor's permit 0718 under AS 04.09.690 shall provide the names and addresses of the president, vice- 0819 president, secretary, managing officer, and all stockholders who own 10 percent or 0920 more of the stock in the corporation, together with any other information required by 1021 the board.

1122 (c) An applicant for a new license or permit must include with the application 1223 (1) proof that notice required by AS 04.11.310, if any, has been given;

1324 (2) any petitions required to be secured under AS 04.11.460 before a 1425 license may be issued;

1526 (3) evidence of any approval by public authorities required to be 1627 obtained [UNDER AS 04.11.090(e), 04.11.220(c), 04.11.230(b), 04.11.240(b), OR 1728 04.11.250(b),] before a license or permit may be issued, including 1829 (A) written approval under AS 04.09.240 from the 1930 governing body of a college or university for a pub license;

2031 (B) approval under AS 04.11.365 for a restaurant or eating 21 place license in a multi-unit residential housing development owned or 2202 financed by the Alaska Housing Finance Corporation;

2303 (C) permission from the commanding officer and the prime 2404 contractor for a conditional contractor's permit under AS 04.09.690;

2505 (D) for a permit other than a conditional contractor's 2606 permit, approval of the law enforcement agency having jurisdiction over 2707 the site of the event for which the permit is sought.

2808 (d) A partnership, including a limited partnership, that applies for a license or 2909 conditional contractor's permit under AS 04.09.690 shall provide information 3010 required by the board including the names and addresses of all general partners and all 3111 partners with an interest of 10 percent or more.

12 (e) A limited liability organization that applies for a license or conditional 0213 contractor's permit under AS 04.09.690 shall provide information required by the 0314 board, including the names and addresses of all members with an ownership interest of 0415 10 percent or more and the names and addresses of all managers.

0516 * Sec.

21.

AS 04.11.260 is amended by adding a new subsection to read:

06 (f) This section does not apply to a winery direct shipment license issued 07 under AS 04.09.360.

08 * Sec.

AS 04.11.260 is amended by adding a new subsection to read:

17 (f) This section does not apply to a winery direct shipment license issued 18 under AS 04.09.360.

19 * Sec.

23.

0920 Sec.

Application for renewal of license, license with 1021 endorsement, or conditional contractor's permit.

(a) An application for renewal of 1122 a license, license with endorsement, or [RENEWAL OF A] conditional contractor's 1223 permit under AS 04.09.690 must include 1324 (1) the information required for a new license, license with 1425 endorsement, or permit under AS 04.11.260 except that proof of notice under 1526 AS 04.11.310 is not required;

and 1627 (2) a list of all convictions of the applicant of violations of this title, a 1728 regulation adopted under this title, or an ordinance adopted under AS 04.21.010, that 1829 occurred in the preceding two calendar years.

1930 (b) A license, license with endorsement, or permit shall be renewed as 2031 follows:

21 (1) on or before November 1, the director shall mail a renewal 2202 application to each licensee whose license, license with endorsement, or permit, 2303 unless renewed, will expire on December 31 of that year;

the application shall be 2404 mailed to the licensee or permittee [AT THE LICENSED PREMISES OR] at a 2505 mailing address or electronic mail address furnished by the licensee or permittee;

2606 (2) the licensee or permittee shall submit the completed renewal 2707 application and the biennial [LICENSE] fee to the director before January 1;

2808 (3) a renewal application filed after December 31 is delinquent and 2909 must be accompanied by a $500 penalty fee;

3010 (4) if December 31 falls on a weekend or a state holiday, the deadline 3111 is extended to the first business day following December 31.

12 * Sec.

23.

AS 04.11.270 is amended by adding a new subsection to read:

02 (c) This section does not apply to a winery direct shipment license issued 03 under AS 04.09.360.

04 * Sec.

AS 04.11.270 is amended by adding a new subsection to read:

13 (c) This section does not apply to a winery direct shipment license issued 14 under AS 04.09.360.

15 * Sec.

25.

0516 Sec.

(a) 0617 An application for transfer of a license or a license with one or more endorsements 0718 to another person must contain the same information about the transferee as is required 0819 of an applicant for a new license or endorsement under AS 04.11.260 and must 0920 include other information required by the board.

1021 (b) An application for the transfer of a license or a license with one or more 1122 endorsements to another person must be accompanied by a statement, under oath, 1223 executed by the transferor, listing all debts of the business and all taxes due by the 1324 business.

The board shall promptly inform each listed creditor of the application and 1425 the amount shown as owed to that creditor.

1526 * Sec.

25.

AS 04.11.295(a) is amended to read:

16 (a) An applicant for the issuance or transfer of a license or issuance of a 17 conditional contractor's permit under this title shall submit to the board, with the 18 application, the applicant's fingerprints and the fees required by the Department of 19 Public Safety under AS 12.62.160 for criminal justice information and a national 20 criminal history record check.

The board may require an applicant for renewal of a 21 license or a conditional contractor's permit under this title to submit fingerprints and 22 pay fees as required by this subsection.

The board shall submit the fingerprints to the 23 Department of Public Safety to obtain a report of criminal justice information under 24 AS 12.62 and a national criminal history record check under AS 12.62.400.

The 25 Department of Public Safety may submit the fingerprints to the Federal Bureau of 26 Investigation for a national criminal history record check.

The board shall use the 27 information obtained under this section in its determination of an applicant's 28 qualification for issuance, transfer, or renewal of a license or issuance or renewal of a 29 conditional contractor's permit.

30 * Sec.

AS 04.11.295(b)(1)04.11.295(a) is amended to read:

3127 (1)(a) "applicant"An meansapplicant allfor individualsthe whoseissuance namesor andtransfer addressesof area requiredlicense or issuance of a 28 conditional contractor's permit under this title shall submit to bethe providedboard, with anthe application29 forapplication, athe newapplicant's licensefingerprints orand conditionalthe 02fees contractor'srequired permitby the Department of 30 Public Safety under AS 04.09.69012.62.160 [ASfor 04.11.260];criminal justice information and a national 31 criminal history record check.

03The *board Sec.may require an applicant for renewal of a license or a conditional contractor's permit under this title to submit fingerprints and 02 pay fees as required by this subsection.

The board shall submit the fingerprints to the 03 Department of Public Safety to obtain a report of criminal justice information under 04 AS 12.62 and a national criminal history record check under AS 12.62.400.

The 05 Department of Public Safety may submit the fingerprints to the Federal Bureau of 06 Investigation for a national criminal history record check.

The board shall use the 07 information obtained under this section in its determination of an applicant's 08 qualification for issuance, transfer, or renewal of a license or issuance or renewal of a 09 conditional contractor's permit.

10 * Sec.

AS 04.11.31004.11.295(b)(1) is amended by adding a new subsection to read:

0411 (c)(1) This"applicant" sectionmeans doesall notindividuals applywhose names and addresses are 12 required to abe wineryprovided directwith shipmentan application for a new license issuedor 05conditional 13 contractor's permit under AS 04.09.360.04.09.690 [AS 04.11.260];

0614 * Sec.

AS 04.11.310 is amended by adding a new subsection to read:

15 (c) This section does not apply to a winery direct shipment license issued 16 under AS 04.09.360.

17 * Sec.

29.

0718 Sec.

A person who knowingly 0819 makes a false sworn statement that the person does not believe to be true on an 0920 application under AS 04.11.260 - 04.11.310 commits the crime of perjury under 1021 AS 11.56.200.

1122 * Sec.

29.

AS 04.11.320(a) is amended to read:

12 (a) An application requesting issuance of a new license or endorsement shall 13 be denied if 14 (1) the board finds, after review of all relevant information, that 15 issuance of the license or endorsement would not be in the best interests of the 16 public;

17 (2) issuance of the license is prohibited by AS 04.11.410, relating to 18 location of premises near churches and schools;

19 (3) the application has not been completed in accordance with 20 AS 04.11.260;

21 (4) issuance of the license or endorsement would violate the 22 restrictions pertaining to the particular license or endorsement imposed under this 23 title;

24 (5) issuance of the license is prohibited under this title as a result of an 25 election conducted under AS 04.11.507;

26 (6) the requirements of AS 04.11.420 - 04.11.450 relating to zoning, 27 ownership and location of the license or endorsement, and the identity and financing 28 of a licensee have not been met;

29 (7) issuance of the license is prohibited under AS 04.11.400(a) or 30 prohibition of issuance of the license is found necessary under AS 04.11.400(b);

31 (8) the application contains false statements of material fact;

(9) the license is sought for the sale of alcoholic beverages in a first or 02 second class city where there are no licensed premises at the time of application unless 03 a majority of the voters have voted not to approve a local option to restrict or prohibit 04 the sale of alcoholic beverages under AS 04.11.491, have voted to approve a local 05 option to allow the type of premises under AS 04.11.491(a)(2) or (3), or have voted to 06 remove a restriction or prohibition on the sale of alcoholic beverages under 07 AS 04.11.495;

or 08 (10) the license is sought for the sale of alcoholic beverages in an 09 established village where there are no licensed premises at the time of application 10 unless a majority of the voters have voted not to approve a local option to restrict or 11 prohibit the sale of alcoholic beverages under AS 04.11.491, have voted to approve a 12 local option to allow the type of premises under AS 04.11.491(b)(2), or have voted to 13 remove a restriction or prohibition on the sale of alcoholic beverages under 14 AS 04.11.495.

15 * Sec.

AS 04.11.330(a)04.11.320(a) is amended to read:

1623 (a) An application requesting renewalissuance of a new license or endorsement shall 24 be denied if 1725 (1) the board finds, after review of all relevant information, that 1826 renewalissuance of the license or endorsement would not be in the best interests of the 27 public;

1928 (2) issuance of the license hasis beenprohibited revokedby forAS any04.11.410, cause;relating to 29 location of premises near churches and schools;

2030 (3) the applicantapplication has not operatedbeen thecompleted licensedin premisesaccordance forwith at31 leastAS 24004.11.260; 21 hours [30 EIGHT-HOUR DAYS] during each of the two preceding calendar years, 22 unless the board determines that the licensed premises are under construction or 23 cannot be operated through no fault of the applicant;

24 (4) issuance of the boardlicense findsor thatendorsement issuancewould ofviolate anthe existing02 licenserestrictions underpertaining 25to ASthe 04.11.400(d)particular haslicense notor encouragedendorsement touristimposed trade;under this 03 title;

2604 (5) theissuance requirements of ASthe 04.11.420license -is 04.11.450prohibited relatingunder tothis zoning,title 27as ownershipa ofresult the license, and financing of thean licensee05 haveelection notconducted beenunder met;AS 04.11.507;

2806 (6) renewal of the licenserequirements wouldof violateAS the04.11.420 restrictions- pertaining04.11.450 relating to 29zoning, the07 particularownership licenseand underlocation thisof titlethe license or theendorsement, licenseand hasthe beenidentity operatedand infinancing violation08 of a 30licensee conditionhave ornot restrictionbeen imposedmet; by the board;

3109 (7) renewalissuance of the license is prohibited under thisAS title04.11.400(a) asor a10 resultprohibition of anissuance electionof conductedthe license is found necessary under AS 04.11.507;04.11.400(b);

or11 02 (8) the application hascontains notfalse beenstatements completedof inmaterial accordancefact; with 03 AS 04.11.270 [;

OR12 04 (9) THEthe LICENSElicense WASis ISSUEDsought UNDERfor the sale of alcoholic beverages in a first or 13 second class city where there are no licensed premises at the time of application unless 14 a majority of the voters have voted not to approve a local option to restrict or prohibit 15 the sale of alcoholic beverages under AS 04.11.400(g),04.11.491, ANDhave 05voted THEto BOARDapprove FINDSa THATlocal THE16 PUBLICoption CONVENIENCEto DOESallow NOTthe 06type REQUIREof RENEWAL].premises under AS 04.11.491(a)(2) or (3), or have voted to 17 remove a restriction or prohibition on the sale of alcoholic beverages under 18 AS 04.11.495;

07or *19 Sec.(10) the license is sought for the sale of alcoholic beverages in an 20 established village where there are no licensed premises at the time of application 21 unless a majority of the voters have voted not to approve a local option to restrict or 22 prohibit the sale of alcoholic beverages under AS 04.11.491, have voted to approve a 23 local option to allow the type of premises under AS 04.11.491(b)(2), or have voted to 24 remove a restriction or prohibition on the sale of alcoholic beverages under 25 AS 04.11.495.

26 * Sec.

AS 04.11.330(a),04.11.330(a) asis amended byto sec.read:

3027 (a) An application requesting renewal of thisa Act,license isshall amendedbe todenied read:if 28 (1) the board finds, after review of all relevant information, that 29 renewal of the license would not be in the best interests of the public;

0830 (a)(2) An application requesting renewal of a license or endorsement shall be 09 denied if 10 (1) the board finds, after review of all relevant information, that 11 renewal of the license orhas endorsementbeen wouldrevoked notfor beany incause; the best interests of the public;

1231 (2)(3) the licenseapplicant orhas endorsementnot hasoperated beenthe revokedlicensed premises for anyat cause;least 240 hours [30 EIGHT-HOUR DAYS] during each of the two preceding calendar years, 02 unless the board determines that the licensed premises are under construction or 03 cannot be operated through no fault of the applicant;

1304 (3)(4) the applicant has not operated the licensed premises for at least 240 14 hours [30 EIGHT-HOUR DAYS] during each of the two preceding calendar years, 15 unless the board determinesfinds that theissuance licensedof premisesan areexisting license under construction05 orAS 1604.11.400(d) cannothas benot operatedencouraged throughtourist notrade; fault of the applicant;

1706 (4)(5) the boardrequirements finds that issuance of an existing beverage dispensary 18 tourism license under AS 04.09.34004.11.420 or- seasonal04.11.450 restaurantrelating orto eatingzoning, place07 tourismownership 19of licensethe underlicense, ASand 04.09.350financing [ASof 04.11.400(d)]the haslicensee have not encouragedbeen touristmet; trade;

2008 (5)(6) therenewal requirements of ASthe 04.11.420license -would 04.11.450violate relatingthe restrictions pertaining to zoning,09 21the ownershipparticular oflicense under this title or the license,license andhas financingbeen operated in violation of thea licensee10 havecondition notor beenrestriction met;imposed by the board;

2211 (6)(7) renewal of the license oris endorsementprohibited would violate the 23 restrictions pertaining to the particular license or endorsement under this title oras thea 24result license or endorsement has been operated in violation of aan condition12 orelection restrictionconducted 25under imposedAS by04.11.507; the board;