SB 52 — An Act relating to alcoholic beverages; relating to the regulation of manufacturers, wholesalers, and retailers of alcoholic beverages; relating to licenses, endorsements, and permits involving alcoholic beverages; relating to common carrier approval to transport or deliver 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.

If the total value of business transacted during the calendar year 2425 including the excise tax imposed by AS 43.60.010 is 2526 (1) less than or equal to $100,000, then the annual fee is $0;

2627 (2) over $100,000 and not over $150,000, then the annual fee is $250;

2728 (3) over $150,000 and not over $200,000, then the annual fee is $500;

2829 (4) over $200,000 and not over $250,000, then the annual fee is $750;

2930 (5) over $250,000 and not over $300,000, then the annual fee is 3031 $1,000;

31 (6) over $300,000 and not over $350,000, then the annual fee is 02 $1,250;

0203 (7) over $350,000 and not over $400,000, then the annual fee is 0304 $1,500;

0405 (8) over $400,000 and not over $500,000, then the annual fee is 0506 $2,000;

0607 (9) over $500,000 and not over $600,000, then the annual fee is 0708 $2,500;

0809 (10) over $600,000 and not over $700,000, then the annual fee is 0910 $3,000;

1011 (11) over $700,000 and not over $800,000, then the annual fee is 1112 $3,500;

1213 (12) over $800,000 and not over $1,000,000, then the annual fee is 1314 $4,500;

1415 (13) over $1,000,000, then the annual fee is $10,000.

1516 Sec.

(a) A 1617 limited wholesale brewed beverage and wine license authorizes the holder to sell 1718 brewed beverages and wine at wholesale.

The holder of a limited wholesale brewed 1819 beverage and wine license may not sell to a person not licensed under this title, except 1920 as provided in AS 04.21.040.

2021 (b) The biennial limited wholesale brewed beverage and wine license fee is 2122 $400.

2223 (c) In addition to the license fee under (b) of this section, the holder of a 2324 limited wholesale brewed beverage and wine license shall pay an annual fee based on 2425 the total value of business transacted by the wholesale business, including the excise 2526 tax imposed by AS 43.60.010.

If the total value of business transacted during the 2627 calendar year including the excise tax imposed by AS 43.60.010 is 2728 (1) less than or equal to $20,000, then the annual fee is $0;

2829 (2) over $20,000 and not over $50,000, then the annual fee is $150;

2930 (3) over $50,000 and not over $100,000, then the annual fee is $500;

3031 (4) over $100,000 and not over $150,000, then the annual fee is $750;

31 (5) over $150,000 and not over $200,000, then the annual fee is 02 $1,000;

0203 (6) over $200,000 and not over $400,000, then the annual fee is 0304 $2,000;

0405 (7) over $400,000 and not over $600,000, then the annual fee is 0506 $3,000;

0607 (8) over $600,000 and not over $800,000, then the annual fee is 0708 $4,000;

0809 (9) over $800,000, then the annual fee is $10,000.

0910 Sec.

(a) Not later than February 28 of 1011 each year, the holder of a general wholesale license or a limited wholesale brewed 1112 beverage and wine license shall pay the annual fee for the license for the preceding 1213 calendar year, and file with the board an affidavit showing the 1314 (1) total value of business transacted under the license by the 1415 wholesale business, including the excise tax imposed by AS 43.60.010, during the 1516 preceding calendar year;

and 1617 (2) location of the licensed premises at which the business was 1718 transacted.

1819 (b) Failure to file an affidavit under (a) of this section or the expiration of a 1920 license under AS 04.11.540 does not relieve a licensee from paying the prescribed 2021 annual fee.

2122 Sec.

(a) A person who applies for 2223 issuance or renewal of a general wholesale license or a limited wholesale brewed 2324 beverage and wine license shall submit to the board, on a form prescribed by the 2425 board, a declaration that the person is the appointed wholesaler of the distiller, brewer, 2526 vintner, or importer of each product line of alcoholic beverage that the person intends 2627 to purchase, offer for sale, or sell.

The form must include a space for the person to 2728 indicate the total number of suppliers.

The board may request a list of suppliers, or 2829 additional information about a product line.

2930 (b) A person filing a declaration under this section shall pay a biennial filing 3031 fee.

If the declaration lists 31 (1) one to 25 suppliers, the fee is $500;

02 (2) 26 to 50 suppliers, the fee is $1,000;

0203 (3) 51 to 75 suppliers, the fee is $1,500;

0304 (4) 76 or more suppliers, the fee is $2,000.

0405 (c) In this section, "distiller, brewer, vintner, or importer" includes an 0506 exclusive agent of the distiller, brewer, vintner, or importer if the agent's name appears 0607 on the label of the brand approved by the Alcohol and Tobacco Tax and Trade Bureau.

0708 Sec.

(a) A person commits the crime of 0809 unlicensed wholesale sale if the person knowingly sells 0910 (1) distilled spirits at wholesale without a general wholesale license;

or 1011 (2) brewed beverages or wine at wholesale without a general wholesale 1112 license or a limited wholesale brewed beverage and wine license.

1213 (b) Unlicensed wholesale sale is a class A misdemeanor.

1314 Sec.

(a) A 1415 person commits the crime of unlicensed wholesale sale in a local option area if the 1516 person knowingly sells in an area that has adopted a local option under AS 04.11.491 1617 (1) distilled spirits at wholesale without a general wholesale license;

or 1718 (2) brewed beverages or wine at wholesale without a general wholesale 1819 license or a limited wholesale brewed beverage and wine license.

1920 (b) Unlicensed wholesale sale in a local option area is a class C felony.

2021 Sec.

(a) A person 2122 commits the offense of failure to pay an annual wholesale fee or file a wholesale 2223 affidavit if the person fails to pay the annual fee or file the affidavit as required under 2324 AS 04.09.120.

2425 (b) Failure to pay an annual wholesale fee or file a wholesale affidavit is a 2526 violation.

2627 Sec.

(a) A person 2728 commits the offense of failure to pay a biennial supplier fee or file a supplier 2829 declaration if the person fails to pay the biennial supplier fee or file the declaration as 2930 required under AS 04.09.130.

3031 (b) Failure to pay a biennial supplier fee or file a supplier declaration is a 31 violation.

02 Article 4.

0203 Sec.

(a) A beverage dispensary 0304 license authorizes the holder to sell or serve on the licensed premises alcoholic 0405 beverages for consumption only on the licensed premises.

0506 (b) The biennial beverage dispensary license fee is $2,500.

0607 (c) The holder of a beverage dispensary license may not maintain on the 0708 licensed premises more than one room in which there is regularly maintained a fixed 0809 counter or service bar that has plumbing connections to permanent plumbing at which 0910 alcoholic beverages are sold or served to members of the public for consumption, 1011 unless the license has a multiple fixed counter endorsement under AS 04.09.420.

1112 (d) Except as provided under AS 04.09.610, 04.09.640, 04.09.670, and 1213 AS 04.16.120(c), the holder of a beverage dispensary license who sells or serves 1314 alcoholic beverages off the licensed premises or permits consumption off the premises 1415 of alcoholic beverages sold or served on the premises commits the offense of 1516 unauthorized beverage dispensary activity.

1617 (e) Unauthorized beverage dispensary activity is a violation.

1718 Sec.

(a) A restaurant or eating 1819 place license authorizes a restaurant or eating place to sell brewed beverages and wine 1920 for consumption only on the licensed premises.

2021 (b) The biennial restaurant or eating place license fee is $1,250.

2122 (c) The board may issue or renew a license under this section only if the 2223 (1) board determines that the licensed premises is a bona fide 2324 restaurant as defined in AS 04.21.080(b);

2425 (2) licensee has, or the licensee has simultaneously applied for, a 2526 restaurant endorsement;

and 2627 (3) sale and service of food and alcoholic beverages and any other 2728 business conducted on the licensed premises of the restaurant or eating place is under 2829 the sole control of the licensee.

2930 (d) The holder of a restaurant or eating place license shall ensure that gross 3031 receipts from the sale of food for consumption on the licensed premises are not less 31 than the total of the gross receipts from the sale of alcoholic beverages for 02 consumption on the licensed premises in each calendar year.

At the time the holder 0203 submits an application for renewal of the license, the holder shall submit a statement 0304 to the board certifying that the holder has met the requirement under this subsection 0405 for the designated period of the license under AS 04.11.680.

The board may renew a 0506 restaurant or eating place license only if the licensee's statement provides evidence 0607 satisfactory to the board that, during the designated period of the license under 0708 AS 04.11.680, the gross receipts from the sale of food for consumption on the licensed 0809 premises were not less than the total of the gross receipts from the sale of alcoholic 0910 beverages for consumption on the licensed premises.

1011 (e) The holder of a restaurant or eating place license may provide 1112 entertainment on or adjacent to the licensed premises only between the hours of 10:00 1213 a.m.

unless additional hours are approved by the director upon the 1314 written request of the licensee for a specific occasion.

The director may not grant 1415 approval for additional hours of entertainment on or adjacent to the licensed premises 1516 of an individual licensee more than six times in a calendar year.

In this subsection, 1617 "entertainment" includes dancing, karaoke, live performances, or similar activities, but 1718 does not include recorded or broadcast performances without live participation.

1819 (f) Except as provided under AS 04.09.620, 04.09.640, and AS 04.16.120(c), 1920 the holder of a restaurant or eating place license commits the offense of failure to 2021 comply with the terms of a restaurant or eating place license if the person sells brewed 2122 beverages or wine in violation of (a) of this section or fails to comply with (e) of this 2223 section.

2324 (g) Failure to comply with the terms of a restaurant or eating place license is a 2425 violation.

2526 Sec.

(a) A club license authorizes a club or 2627 organization to sell alcoholic beverages for consumption only on the licensed 2728 premises.

2829 (b) The biennial fee for a club license is $1,500.

2930 (c) The board may issue a club license only to an organization operated for 3031 social, recreational, benevolent, or athletic purposes and not for profit.

The board may 31 issue a club license only to a club, fraternal organization, patriotic organization, or 02 social organization that has been 0203 (1) chartered by a state or national organization for a period of 10 0304 consecutive years before application for a license under this section;

or 0405 (2) chartered by a national organization that has maintained a chartered 0506 club or organization in the state for a period of at least 20 years.

0607 (d) Alcoholic beverages sold under a club license may be purchased only by 0708 (1) members of the club and their families;

0809 (2) widows or widowers of deceased members of the club who have 0910 been accorded club privileges;

and 1011 (3) military personnel on active duty who are extended the privilege by 1112 patriotic organizations.

1213 (e) Alcoholic beverages may be purchased only in the portion of the club 1314 rooms that are part of the licensed premises.

1415 (f) Guests who enter the club premises on the invitation of a member and in 1516 the company of the member may be served but not sold alcoholic beverages.

A guest 1617 shall leave the premises immediately upon the departure of the member who extended 1718 the invitation to enter.

1819 (g) Notwithstanding AS 04.16.049, access by persons under 21 years of age to 1920 the 2021 (1) licensed premises of a club is permitted when alcoholic beverages 2122 are not present;

and 2223 (2) premises of a patriotic organization licensed as a club under this 2324 section is permitted when alcoholic beverages are present, if the person possesses a 2425 valid active duty military or armed forces identification card issued by the United 2526 States Department of Defense or the United States Department of Homeland Security.

2627 (h) The holder of a club license may not serve or sell alcoholic beverages for 2728 use or consumption off the licensed premises of the club or organization, including use 2829 or consumption by a club member or employee, except under a club caterer's permit.

2930 (i) The holder of a club license may not 3031 (1) solicit public patronage of the club premises, except as approved by 31 the board;

02 (2) distribute income from the sale of alcoholic beverages under the 0203 license to a member, director, or officer;

0304 (3) sell or serve alcoholic beverages in club rooms outside the portion 0405 of the club rooms that are part of the licensed premises.

0506 (j) In this section, "member" means a holder of a full year of paid membership 0607 entitling the holder to all voting rights and privileges of membership under the 0708 constitution or bylaws of the club or organization.

0809 (k) The holder of a club license commits the offense of failure to comply with 0910 the terms of a club license if the person sells alcoholic beverages in violation of (a) of 1011 this section or violates (d), (e), (f), (h), or (i) of this section.

1112 (l) Failure to comply with the terms of a club license is a violation.

1213 Sec.

(a) A package store license authorizes 1314 the holder to operate a package store to store alcoholic beverages with federally 1415 compliant labels and to sell alcoholic beverages with federally compliant labels to a 1516 person present on the licensed premises.

1617 (b) The biennial package store license fee is $1,500.

1718 (c) The licensed premises occupied by the holder of a package store license 1819 may not be connected by a door, opening, or other means of passage intended for the 1920 access of the general public to an adjacent retail business not licensed under this title 2021 unless approved by the board.

2122 (d) If the holder of a package store license also holds a beverage dispensary 2223 license, the licensed premises of the package store are contained within or are adjacent 2324 to the licensed premises of the beverage dispensary, and the only public entrance to 2425 the package store is by a door or other means within the beverage dispensary, the 2526 board shall determine whether additional entrances to the package store are necessary 2627 for enforcement purposes, to meet health and fire safety standards, or for the 2728 convenience of the public.

2829 (e) The holder of a package store license may not 2930 (1) offer alcoholic beverages for consumption on the licensed premises 3031 or allow the consumption of alcoholic beverages on the licensed premises except as 31 authorized by a package store sampling endorsement issued under AS 04.09.490 or a 02 tasting event permit issued under AS 04.09.670;

0203 (2) subdivide alcoholic beverages except as authorized by a package 0304 store repackaging endorsement issued under AS 04.09.480;

0405 (3) offer alcoholic beverages for sale or sell alcoholic beverages to a 0506 person not present on the licensed premises who makes an order for shipment except 0607 as authorized by a package store shipping endorsement under AS 04.09.460;

or 0708 (4) deliver alcoholic beverages to a person not present on the licensed 0809 premises except as authorized by a package store delivery endorsement under 0910 AS 04.09.470.

1011 (f) The holder of a package store license commits the offense of failure to 1112 comply with the terms of a package store license if the person stores or sells alcoholic 1213 beverages in violation of (a) of this section or fails to comply with (c) or (e) of this 1314 section.

1415 (g) Failure to comply with the terms of a package store license is a violation.

1516 Sec.

(a) A pub license authorizes the holder to sell 1617 brewed beverages and wine for consumption only at a designated premises located on 1718 the campus of an accredited college or university.

1819 (b) The biennial pub license fee is $1,250.

1920 (c) The board may not 2021 (1) issue more than one pub license for each accredited college or 2122 university campus in the state;

and 2223 (2) issue or renew a pub license without the written approval of the 2324 governing body of the accredited college or university.

2425 (d) The board may designate two alternating premises for a pub license if 2526 (1) both premises are 2627 (A) located on the accredited college or university campus;

2728 (B) not located in contiguous rooms or adjacent buildings;

and 2829 (C) under the licensee's control;

2930 (2) at any time, only one location is operating as a licensed premises 3031 with specified operating hours approved by the board;

and 31 (3) all alcoholic beverages are either removed from the alternate 02 premises or stored in a secure location that is not accessible to the general public 0203 during times when the alternate premises is not operating as a licensed premises.

0304 (e) The board may suspend or revoke a licensee's use of an alternate premises 0405 under (d) of this section after providing written notice and an opportunity to be heard 0506 to the licensee.

0607 (f) In this section, "accredited college or university" means a college or 0708 university accredited by the Northwest Commission on Colleges and Universities.

0809 (g) The holder of a pub license commits the offense of failure to comply with 0910 the terms of a pub license if the person sells brewed beverages or wine in violation of 1011 (a) of this section.

1112 (h) Failure to comply with the terms of a pub license is a violation.

1213 Sec.

(a) A theater license authorizes the holder of 1314 a beverage dispensary license or a restaurant or eating place license to sell alcoholic 1415 beverages for consumption on licensed premises at a specified theater site, except that 1516 a restaurant or eating place licensee with a theater license may only sell brewed 1617 beverages and wine.

1718 (b) The biennial theater license fee is $1,250.

1819 (c) The holder of a theater license may sell or serve alcoholic beverages only 1920 in designated areas on the licensed premises, and only for one hour before the event 2021 and during intermissions.

2122 (d) The holder of a theater license may not sell, serve, or permit the 2223 consumption of alcoholic beverages in the audience viewing area.

2324 (e) The holder of a theater license shall post the license conspicuously in the 2425 theater during times when alcoholic beverages are sold.

2526 (f) The board may not approve an application for transfer of a theater license 2627 to another location.

2728 (g) In this section, "theater" means a location where events, including plays, 2829 operas, orchestra concerts, readings, and similar activities as determined by the board 2930 are presented by live performers on a stage.

3031 (h) A person commits the offense of failure to comply with the terms of a 31 theater license if the person sells, serves, or permits the consumption of alcoholic 02 beverages except as permitted in this section or fails to post the license as required by 0203 this section.

0304 (i) Failure to comply with the terms of a theater license is a violation.

0405 Sec.

(a) A common carrier 0506 dispensary license authorizes the holder to sell alcoholic beverages for consumption 0607 aboard a boat or train licensed by a state or federal agency for passenger travel, or 0708 aboard aircraft operated by an airline licensed by a state or federal agency for 0809 passenger travel.

0910 (b) Except as provided for airlines under (c) of this section, the biennial 1011 common carrier dispensary license fee is $1,000 for each of the first 10 licenses a 1112 common carrier holds and $100 for each additional license issued to the common 1213 carrier after the first 10 licenses.

1314 (c) The biennial fee for a common carrier dispensary license issued to an 1415 airline is the fee specified under (b) of this section for each aircraft in which alcoholic 1516 beverages are served or $2,000 for each community served by the airline.

An airline 1617 shall specify the fee applicable to the license at the time of the airline's application for 1718 issuance or renewal of the license.

1819 (d) Except for a common carrier that is an airline, a common carrier shall 1920 obtain a license for each boat or train in which alcoholic beverages are served.

After 2021 obtaining an initial license for the first boat or train, the common carrier may obtain 2122 additional licenses for additional boats or trains upon making a written request 2223 identifying the boat or train in the manner prescribed by the board, and paying the 2324 biennial fee for additional licensed premises as required by (b) of this section.

2425 (e) The holder of a common carrier dispensary license who exceeds the 2526 authority granted in (a) of this section commits the crime of unauthorized common 2627 carrier dispensary activity.

2728 (f) Unauthorized common carrier dispensary activity is a class A 2829 misdemeanor.

2930 (g) The holder of a common carrier dispensary license who fails to comply 3031 with (b) - (d) of this section commits the offense of common carrier dispensary 31 noncompliance.

02 (h) Common carrier dispensary noncompliance is a violation and is punishable 0203 by a fine of $500 for each boat, train, or aircraft not in compliance with this section.

0304 Sec.

(a) A sporting event license authorizes 0405 the holder to sell brewed beverages and wine at multiple noncontiguous locations at a 0506 sporting event site during and one hour before and after a sporting event that is not a 0607 school event, for consumption on designated areas at the sporting event site.

0708 (b) The biennial sporting event license fee is $1,250.

0809 (c) In this section, "sporting event site" includes a location where baseball, 0910 hockey, rugby, soccer, or football games, car races, dog sled racing events, rodeos, or 1011 curling matches are regularly held during a season.

1112 (d) The holder of a sporting event license who sells brewed beverages or wine 1213 off the licensed premises or during hours not authorized under (a) of this section or 1314 who permits consumption off the premises of brewed beverages or wine sold on the 1415 premises commits the offense of unauthorized sporting event activity.

1516 (e) Unauthorized sporting event activity is a violation.

1617 (f) The holder, on the day before the effective date of this section, of a 1718 recreational site license issued under former AS 04.11.210 who offered brewed 1819 beverages and wine for sale to the public for consumption on the licensed premises 1920 may continue to offer brewed beverages and wine for sale to the public for 2021 consumption on the premises until December 31, 2027, for a license renewing on an 2122 odd-numbered year, or December 31, 2028, for a license renewing on an even- 2223 numbered year, if the holder of the license is otherwise in compliance with the 2324 requirements of this title as it read on the day before the effective date of this section.

2425 Sec.

(a) An outdoor recreation 2526 lodge license authorizes the holder to sell alcoholic beverages to a registered overnight 2627 guest or off-duty staff of the lodge for consumption on the licensed premises or in 2728 conjunction with purchased outdoor recreation activities provided by the licensee.

2829 (b) The biennial outdoor recreation lodge license fee is $2,500.

2930 (c) The board may not grant an application for transfer of an outdoor 3031 recreation lodge license to another location.

31 (d) In this section, "outdoor recreation lodge" means a licensed business that 02 provides overnight accommodations and meals, is primarily involved in offering 0203 opportunities for persons to engage in outdoor recreation activities, and has a 0304 minimum of two guest rooms.

0405 (e) The holder of an outdoor recreation lodge license who sells alcoholic 0506 beverages in violation of the authority granted under (a) of this section commits the 0607 offense of unauthorized outdoor recreation lodge activity.

0708 (f) Unauthorized outdoor recreation lodge activity is a violation.

0809 Sec.

(a) A golf course license authorizes the 0910 holder to sell brewed beverages and wine for consumption on the licensed premises.

1011 (b) The biennial golf course license fee is $1,250.

1112 (c) An application for a golf course license must include 1213 (1) a drawing of the golf course with an annotated illustration and 1314 description of the portions of the course that are intended to be licensed premises;

and 1415 (2) a sample food menu.

1516 (d) The board may not approve an application for transfer of a golf course 1617 license to another location.

1718 (e) The holder of a golf course license shall make food similar to that listed in 1819 the sample menu available during times when brewed beverages and wine are sold, 1920 served, and consumed on the licensed premises.

2021 (f) The holder of a golf course license may not allow a person other than the 2122 holder or an agent or employee of the holder, in the regular course of employment, to 2223 bring alcoholic beverages onto the licensed premises or other portions of the course 2324 for consumption.

2425 (g) In this section, "licensed premises" includes the golf course, a driving 2526 range, a club house, and other buildings located on the course, and a vending cart 2627 carrying beverages or food to, from, or on the course, and does not include the parking 2728 lot.

2829 (h) The holder of a golf course license commits the offense of failure to 2930 comply with the terms of a golf course license if the person sells brewed beverages or 3031 wine in violation of this section or violates (e) or (f) of this section.

31 (i) Failure to comply with the terms of a golf course license is a violation.

02 Sec.

(a) A destination resort license 0203 authorizes the holder to sell alcoholic beverages at multiple noncontiguous locations at 0304 a destination resort for consumption on the licensed premises in conjunction with the 0405 visitor activities provided by the licensee to cruise ship passengers and staff and other 0506 visitors while the cruise ship is in port at the resort.

0607 (b) The biennial destination resort license fee is $2,500.

0708 (c) The board may not approve an application for transfer of a destination 0809 resort license to another location.

0910 (d) In this section, "destination resort" means a business that owns a site of at 1011 least 20 acres that is used principally as a destination for cruise ships and other vessels 1112 that carry a minimum of 50 passengers and that does not provide overnight lodging on 1213 its premises for visitors.

1314 (e) The holder of a destination resort license commits the offense of failure to 1415 comply with a destination resort license if the person sells alcoholic beverages in 1516 violation of (a) of this section.

1617 (f) Failure to comply with the terms of a destination resort license is a 1718 violation.

1819 Sec.

(a) A brewery retail license authorizes 1920 the holder to store, sell, or serve on the licensed premises brewed beverages for 2021 consumption on and off the premises.

2122 (b) The biennial brewery retail license fee is $1,250.

2223 (c) The board may issue a brewery retail license only to the holder of a 2324 brewery manufacturer license under AS 04.09.020.

The brewery retail licensed 2425 premises may be all or part of the brewery manufacturer licensed premises, or the 2526 brewery retail licensed premises may be at a single different site that is adjacent to the 2627 brewery manufacturer licensed premises.

2728 (d) Each day, the holder of a brewery retail license may sell, to a person on the 2829 licensed premises for consumption on the licensed premises, not more than 2930 (1) 36 ounces of the holder's beer;

or 3031 (2) 18 ounces of the holder's sake.

31 (e) The holder of a brewery retail license may not 02 (1) allow live entertainment, televisions, pool tables, dart games, 0203 dancing, electronic or other games, game tables, or other recreational or gaming 0304 opportunities on or adjacent to the premises where the consumption occurs;

0405 (2) provide seats at the counter or bar where the brewed beverages are 0506 served;

0607 (3) open the room where the consumption occurs before 9:00 a.m.;

or 0708 (4) serve brewed beverages after 8:00 p.m.

0809 (f) Each day, the holder of a brewery retail license is authorized to sell, to a 0910 person on the licensed premises for consumption off the licensed premises, not more 1011 than 12 (1) 5.167 gallons of the holder's beerbeer; or sake.

11 (g) The holder of a brewery retail license commits the offense of failure to 12 comply with the terms of a brewery retail license if the person stores, sells, or serves 13 brewed(2) beveragesnine inliters violation of (a)the ofholder's thissake. section or violates (d), (e), or (f) of this 14 section.

1514 (h)(g) FailureThe holder of a brewery retail license commits the offense of failure to 15 comply with the terms of a brewery retail license isif athe violation.person stores, sells, or serves 16 brewed beverages in violation of (a) of this section or violates (d), (e), or (f) of this 17 section.

1618 Sec.(h) Failure to comply with the terms of a brewery retail license is a violation.

19 Sec.

(a) A winery retail license authorizes 1720 the holder to store, sell, or serve on the licensed premises wine for consumption on 1821 and off the premises.

1922 (b) The biennial winery retail license fee is $1,250.

2023 (c) The board may issue a winery retail license only to the holder of a winery 2124 manufacturer license issued under AS 04.09.030.

The winery retail licensed premises 2225 may be all or part of the winery manufacturer licensed premises, or the winery retail 2326 licensed premises may be at a single different site that is adjacent to the winery 2427 manufacturer licensed premises.

2528 (d) Each day, the holder of a winery retail license may sell, to a person on the 2629 licensed premises for consumption on the licensed premises, a total volume that does 2730 not exceed 2831 (1) 18 ounces of the holder's wine, mead, or cider containing 8.5 29 percent or more alcohol by volume;

3002 (2) 36 ounces of the holder's mead or cider containing less than 8.5 3103 percent alcohol by volume;

or 04 (3) the alcoholic equivalent of (1) or (2) of this subsection.

0205 (e) The holder of a winery retail license may not 0306 (1) allow live entertainment, televisions, pool tables, dart games, 0407 dancing, electronic or other games, game tables, or other recreational or gaming 0508 opportunities on or adjacent to the premises where the consumption occurs;

0609 (2) provide seats at the counter or bar where the wine is served;

0710 (3) open the room where the consumption occurs before 9:00 a.m.;

or 0811 (4) serve wine after 8:00 p.m.

0912 (f) Each day, the holder of a winery retail license is authorized to sell, to a 1013 person on the licensed premises for consumption off the licensed premises, not more 1114 than 5.16715 gallons(1) nine liters of the holder's wine, mead, or cider.cider containing 8.5 16 percent or more alcohol by volume;

1217 (g)(2) The5.167 holdergallons of a winery retail license commits the offenseholder's ofmead failure to 13 comply with the terms of a winery retail license if the person stores, sells, or servescider 14containing wineless inthan violation8.5 of18 (a)percent ofalcohol thisby sectionvolume; or violates (d), (e), or (f) of this section.

15or (h)19 Failure(3) to comply with the termsalcoholic equivalent of a(1) wineryor retail(2) licenseof isthis asubsection. violation.

1620 Sec.(g) The holder of a winery retail license commits the offense of failure to 21 comply with the terms of a winery retail license if the person stores, sells, or serves 22 wine in violation of (a) of this section or violates (d), (e), or (f) of this section.

23 (h) Failure to comply with the terms of a winery retail license is a violation.

24 Sec.

(a) A distillery retail license 1725 authorizes the holder to store, sell, or serve on the licensed premises distilled spirits 1826 for consumption on and off the premises.

1927 (b) The biennial distillery retail license fee is $1,250.

2028 (c) The board may issue a distillery retail license only to the holder of a 2129 distillery manufacturer license under AS 04.09.040.

The distillery retail licensed 2230 premises may be all or part of the distillery manufacturer licensed premises, or the 2331 distillery retail licensed premises may be at a single different site that is adjacent to the 24 distillery manufacturer licensed premises.

2502 (d) The holder of a distillery retail license may sell not more than three ounces 2603 of the holder's distilled spirits each day to a person on the licensed premises for 2704 consumption on the licensed premises.

The holder of a distillery retail license may 2805 combine the holder's distilled spirits under this subsection with other ingredients that 2906 are not alcoholic beverages, including mixers, liquids, and garnishes.

3007 (e) The holder of a distillery retail license may not 3108 (1) allow live entertainment, televisions, pool tables, dart games, 09 dancing, electronic or other games, game tables, or other recreational or gaming 0210 opportunities on or adjacent to the premises where the consumption occurs;

0311 (2) provide seats at the counter or bar where the distilled spirits are 0412 served;

0513 (3) open the room where the consumption occurs before 9:00 a.m.;

or 0614 (4) serve distilled spirits after 8:00 p.m.

0715 (f) The holder of a distillery retail license is authorized to sell not more than 0816 3.75 liters of the holder's distilled spirits each day to a person on the licensed premises 0917 for consumption off the licensed premises.

1018 (g) The holder of a distillery retail license commits the offense of failure to 1119 comply with the terms of a distillery retail license if the person stores, sells, or serves 1220 distilled spirits in violation of (a) of this section or violates (d), (e), or (f) of this 1321 section.

1422 (h) Failure to comply with the terms of a distillery retail license is a violation.

1523 Sec.

(a) A beverage 1624 dispensary tourism license authorizes the holder to sell or serve on the licensed 1725 premises alcoholic beverages for consumption only on the licensed premises.

1826 (b) The biennial beverage dispensary tourism license fee is $2,500.

1927 (c) The board may 2028 (1) issue a new beverage dispensary tourism license if it appears that 2129 the issuance will encourage the tourist trade by promoting the construction or 2230 improvement of 2331 (A) a hotel, motel, resort, or similar business relating to the 24 tourist trade with a dining facility or having kitchen facilities in a majority of 2502 its rental rooms and at least a minimum number of rental rooms required 2603 according to the population of the incorporated city, unified municipality, or 2704 population area established under AS 04.11.400(a) in which the facility will be 2805 located, as follows:

2906 (i) 10 rental rooms if the population is less than 1,501;

3007 (ii) 20 rental rooms if the population is 1,501 - 2,500;

3108 (iii) 25 rental rooms if the population is 2,501 - 5,000;

09 (iv) 30 rental rooms if the population is 5,001 - 15,000;

0210 (v) 35 rental rooms if the population is 15,001 - 25,000;

0311 (vi) 40 rental rooms if the population is 25,001 - 0412 50,000;

and 0513 (vii) 50 rental rooms if the population is greater than 0614 50,000;

or 0715 (B) an airport terminal;

and 0816 (2) approve the renewal or transfer of ownership of a beverage 0917 dispensary tourism license initially issued under (1) of this subsection or initially 1018 issued as a beverage dispensary license under AS 04.11.400, as that section read on 1119 the date of the initial licensure, if the 1220 (A) holder of the license operates a hotel, motel, resort, or 1321 similar business relating to the tourist trade that 1422 (i) has a dining facility on the licensed premises or 1523 kitchen facilities in a majority of its rental rooms;

and 1624 (ii) maintains at least the minimum number of rental 1725 rooms that the hotel, motel, resort, or similar business had at the time of 1826 initial licensure or that were required at the time of initial licensure;

or 1927 (B) licensed premises are located inside an airport terminal.

2028 (d) The holder of a beverage dispensary tourism license may not maintain on 2129 the licensed premises more than one room in which there is regularly maintained a 2230 fixed counter or service bar that has plumbing connections to permanent plumbing at 2331 which alcoholic beverages are sold or served to members of the public for 24 consumption unless the license has a multiple fixed counter endorsement under 2502 AS 04.09.420, a hotel or motel endorsement under AS 04.09.430, or a large resort 2603 endorsement under AS 04.09.440.

2704 (e) Except as provided under AS 04.09.610, 04.09.640, 04.09.670, and 2805 AS 04.16.120(c), the holder of a beverage dispensary tourism license who sells or 2906 serves alcoholic beverages off the licensed premises or permits consumption off the 3007 premises of alcoholic beverages sold or served on the premises commits the offense of 3108 unauthorized beverage dispensary tourism activity.

09 (f) Unauthorized beverage dispensary tourism activity is a violation.

0210 Sec.

(a) A 0311 seasonal restaurant or eating place tourism license authorizes a restaurant or eating 0412 place to sell brewed beverages and wine for consumption only on the licensed 0513 premises for a period not to exceed six months in each calendar year.

0614 (b) The biennial seasonal restaurant or eating place tourism license fee is 0715 $1,250.

0816 (c) The board may issue or renew a license under this section only if 0917 (1) the board determines that the licensed premises is a bona fide 1018 restaurant as defined in AS 04.21.080(b);

1119 (2) the licensee has, or the licensee has simultaneously applied for, a 1220 restaurant endorsement;

and 1321 (3) the sale and service of food and alcoholic beverages and any other 1422 business conducted on the licensed premises of the restaurant or eating place is under 1523 the sole control of the licensee.

1624 (d) The board may issue a license under this section only in a municipality or 1725 established village that 1826 (1) has a population of 40,000 or less;

and 1927 (2) receives more than 4,000 visitors a year, as determined by the 2028 board in regulation.

2129 (e) The board may issue a license or approve an application for the transfer of 2230 ownership of a license under this section if it appears that issuance or transfer will 2331 encourage the tourism trade.

24 (f) The holder of a seasonal restaurant or eating place tourism license shall 2502 ensure that gross receipts from the sale of food for consumption on the licensed 2603 premises are not less than the total of the gross receipts from the sale of alcoholic 2704 beverages for consumption on the licensed premises in each calendar year.

At the time 2805 the holder submits an application for renewal of the license, the holder shall submit a 2906 statement to the board certifying that the holder has met the requirement under this 3007 subsection for the designated period of the license under AS 04.11.680.

The board 3108 may renew a seasonal restaurant or eating place tourism license only if the licensee 09 provides evidence satisfactory to the board that, during the designated period of the 0210 license under AS 04.11.680, the gross receipts from the sale of food for consumption 0311 on the licensed premises were not less than the total of the gross receipts from the sale 0412 of alcoholic beverages for consumption on the licensed premises.

0513 (g) The board shall adopt a regulation establishing a formula to limit the 0614 number of seasonal restaurant or eating place tourism licenses.

0715 (h) The holder of a seasonal restaurant or eating place tourism license may 0816 provide entertainment on or adjacent to the licensed premises only between the hours 0917 of 10:00 a.m.

unless additional hours are approved by the director 1018 upon the written request of the licensee for a specific occasion.

The director may not 1119 grant approval for additional hours of entertainment on or adjacent to the licensed 1220 premises of an individual licensee more than three times in a calendar year.

In this 1321 subsection, "entertainment" includes dancing, karaoke, live performances, or similar 1422 activities, but does not include recorded or broadcast performances without live 1523 participation.

1624 (i) Except as provided under AS 04.09.620, 04.09.640, and AS 04.16.120(c), 1725 the holder of a seasonal restaurant or eating place tourism license commits the offense 1826 of failure to comply with the terms of a seasonal restaurant or eating place tourism 1927 license if the person sells brewed beverages or wine in violation of (a) of this section 2028 or fails to comply with (f) or (h) of this section.

2129 (j) Failure to comply with the terms of a seasonal restaurant or eating place 2230 tourism license is a violation.

2331 Sec.

(a) A winery direct shipment 24 license authorizes the holder of a winery retail license issued under AS 04.09.320, or 2502 the holder of a winery license issued in another state, to sell the holder's wine in 2603 response to an order for shipment to a person, for personal use only and not for resale, 2704 who is located in the state.

A winery direct shipment license may not be transferred to 2805 another person or another location.

2906 (b) The biennial fee for a winery direct shipment license is $200.

3007 (c) An applicant for issuance or renewal of a winery direct shipment license 3108 shall 09 (1) submit an application on a form prescribed by the board;

0210 (2) consent to the jurisdiction of the board, the Department of 0311 Revenue, and any other state agency or state court concerning enforcement of this 0412 title;

and 0513 (3) if the applicant is the holder of a license or permit authorizing the 0614 holder to manufacture and sell wine to the public issued in another state, provide to the 0715 board a copy of the holder's license or permit issued 0816 (A) in the state;

and 0917 (B) by the Alcohol and Tobacco Tax and Trade Bureau.

1018 (d) All wine shipped to a purchaser in the state by the holder of a winery direct 1119 shipment license is subject to the state excise tax.

1220 (e) The holder of a winery direct shipment license may not 1321 (1) ship wine to an address with a zip code located in an area that has 1422 adopted a local option under AS 04.11.491;

1523 (2) sell more than the equivalent of six nine-liter cases of wine to a 1624 purchaser in one transaction, or more than the equivalent of 12 nine-liter cases of wine 1725 to a purchaser in a calendar year;

and 1826 (3) ship wine using a common carrier who is not approved by the 1927 board to ship alcoholic beverages to persons in the state under AS 04.09.750(b).

2028 (f) Before shipping an order under this section, the holder of a winery direct 2129 shipment license shall 2230 (1) verify that the person submitting the order is at least 21 years of 2331 age, using an age verification service or other method, and that the named recipient of 24 the shipment, if not the same person as the person submitting the order, is at least 21 2502 years of age;

2603 (2) determine that the order will not exceed the limits of (e)(2) of this 2704 section;

2805 (3) provide written or electronic information to the person submitting 2906 the order on fetal alcohol syndrome and fetal alcohol effects resulting from a woman's 3007 consumption of alcohol during pregnancy;

and 3108 (4) label the shipping container as containing alcoholic beverages and 09 requiring a signature by a person who is at least 21 years of age upon delivery.

0210 (g) The holder of a winery direct shipment license shall 0311 (1) retain records of sales made under this license for at least two 0412 years;

and 0513 (2) make records of sales available for inspection and audit by the 0614 board and the Department of Revenue.

0715 (h) The board shall compile a list that is available for public inspection of zip 0816 codes that are located within a local option area and notify the holder of a winery 0917 direct shipment license of any change to the list.

1018 (i) The holder of a winery direct shipment license commits the offense of 1119 failure to comply with the terms of a winery direct shipment license if the person fails 1220 to comply with (e) - (g) of this section.

1321 (j) Failure to comply with the terms of a winery direct shipment license is a 1422 violation.

1523 Sec.

(a) A person commits the crime of 1624 unlicensed retail sale if the person knowingly operates without the appropriate license 1725 a retail operation that requires a license under AS 04.09.200 - 04.09.360.

1826 (b) Unlicensed retail sale is a class A misdemeanor.

1927 Sec.

(a) A person 2028 commits the crime of unlicensed retail sale in a local option area if the person 2129 knowingly operates without a license in an area that has adopted a local option under 2230 AS 04.11.491 a retail operation that requires a license under AS 04.09.200 - 2331 04.09.360.

24 (b) Unlicensed retail sale in a local option area is a class C felony.

2502 Article 5.

2603 Sec.

(a) An endorsement expands the 2704 boundaries of a licensed premises or the authorized activities of a licensed business.

2805 (b) Only the board may issue an endorsement.

The board may issue only the 2906 endorsements authorized in AS 04.09.400 - 04.09.520.

3007 (c) An endorsement is valid only in conjunction with a license.

An 3108 endorsement may be transferred to another person only if the license for which the 09 endorsement was issued is also transferred to that person.

An endorsement expires if 0210 the licensed premises are relocated, the license expires, or the license is revoked.

0311 (d) Except as provided in (c) of this section, an endorsement is valid for the 0412 duration of the license as designated in AS 04.11.680.

The holder of the endorsement 0513 shall renew the endorsement biennially.

0614 (e) An application for an endorsement under AS 04.09.400 - 04.09.520 must 0715 (1) be made in writing on a form prescribed by the board;

and 0816 (2) demonstrate that the holder of the license has authority over and 0917 will exercise control over conduct of the business in all areas of the licensed premises, 1018 including premises newly licensed by the endorsement.

1119 Sec.

(a) A manufacturer 1220 sampling endorsement authorizes the holder of a brewery manufacturer license, 1321 winery manufacturer license, or distillery manufacturer license to offer for 1422 consumption on the licensed premises at no charge a small sample of an alcoholic 1523 beverage produced by the manufacturer.

1624 (b) The biennial fee for a manufacturer sampling endorsement is $200.

1725 (c) A person serving a sample of an alcoholic beverage under this section must 1826 have a current alcohol server education card issued under AS 04.21.025(c).

Only the 1927 license holder or an agent or employee of the license holder may serve a sample.

2028 (d) The holder of a manufacturer sampling endorsement may serve a total 2129 volume of samples to a person on a licensed premises each day that does not exceed 2230 (1) for the holder of a brewery manufacturer license, 2331 (A) 12 ounces of beer;

24 (B) six ounces of sake;

or 2502 (C) the alcoholic equivalent of (A) or (B) of this paragraph;

2603 (2) for the holder of a winery manufacturer license, 2704 (A) six ounces of wine, mead, or cider containing 8.5 percent 2805 or more alcohol by volume;

2906 (B) 12 ounces of mead or cider containing less than 8.5 percent 3007 alcohol by volume;

or 3108 (C) the alcoholic equivalent of (A) or (B) of this paragraph;

09 (3) for the holder of a distillery manufacturer license, 1.5 ounces of 0210 distilled spirits;

the holder of the distillery manufacturer license may combine the 0311 holder's distilled spirits under this paragraph with other ingredients that are not 0412 alcoholic beverages, including mixers, liquids, and garnishes.

0513 (e) AThe personholder whoof offers a samplemanufacturer ofsampling anendorsement alcoholicmay beveragenot forpublicly consumption14 onadvertise, 06including thethrough licensednewsprint, premisesradio, of a brewery, winery, or distillerytelevision, withoutsampling anactivities endorsement15 conducted under 07 this section commits the offenseendorsement. of unendorsed sampling.

08However, (f)the Unendorsedholder samplingof is a violationmanufacturer andsampling is16 punishableendorsement bymay anotify fineexisting customers of $500.sampling activities, including by 17 electronic means.

0918 (g)(f) TheA holderperson ofwho offers a manufacturersample samplingof endorsementan whoalcoholic failsbeverage tofor complyconsumption 10on with19 the requirementslicensed premises of (c)a orbrewery, (d)winery, ofor thisdistillery sectionwithout commitsan theendorsement offenseunder of20 failurethis tosection 11commits comply with the termsoffense of aunendorsed manufacturersampling. sampling endorsement.

1221 (h)(g) FailureUnendorsed tosampling complyis with the terms of a manufacturerviolation samplingand endorsementis 13punishable isby a violation.fine of $500.

1422 Sec.(h) The holder of a manufacturer sampling endorsement who fails to comply 23 with the requirements of (c) - (e) of this section commits the offense of failure to 24 comply with the terms of a manufacturer sampling endorsement.

25 (i) Failure to comply with the terms of a manufacturer sampling endorsement 26 is a violation.

27 Sec.

(a) A multiple fixed 1528 counter endorsement authorizes the holder of a beverage dispensary license or a 1629 beverage dispensary tourism license to sell or serve alcoholic beverages on the 1730 licensed premises from multiple fixed counters.

1831 (b) The biennial fee for a multiple fixed counter endorsement is $200.

19 (c) In addition to the fee under (b) of this section, the initial application fee for 2002 each fixed counter covered under the endorsement is $1,250.

2103 (d) An initial application for a multiple fixed counter endorsement must 2204 include an annotated drawing of the location of each fixed counter in the licensed 2305 premises.

2406 (e) A fixed counter at which alcoholic beverages are sold or served to the 2507 public for consumption covered under a multiple fixed counter endorsement must be a 2608 regularly maintained fixed counter or service bar that has plumbing connections to 2709 permanent plumbing.

Multiple fixed counters must be located in the same building 2810 under the same contiguous licensed premises as set out in regulation, except as 2911 provided for the holder of a hotel or motel endorsement under AS 04.09.430 or a large 3012 resort endorsement under AS 04.09.440.

The board shall adopt regulations to 3113 implement this subsection.

14 (f) The holder of a beverage dispensary license or a beverage dispensary 0215 tourism license who maintains multiple fixed counters without an endorsement under 0316 this section commits the offense of unendorsed service at multiple fixed counters.

0417 (g) The holder of a multiple fixed counter endorsement who fails to comply 0518 with the requirements of (e) of this section commits the offense of multiple fixed 0619 counter endorsement noncompliance.

0720 (h) Unendorsed service at multiple fixed counters is a violation and is 0821 punishable by a fine of $500.

0922 (i) Multiple fixed counter endorsement noncompliance is a violation.

1023 Sec.

(a) A hotel or motel 1124 endorsement authorizes the holder of a beverage dispensary license or a beverage 1225 dispensary tourism license that is a hotel, motel, resort, or similar business premises 1326 that caters to the traveling public as a substantial part of its business to sell or serve 1427 alcoholic beverages on the licensed premises, including in a dining room, banquet 1528 room, and other public areas approved by the board, and in guest rooms.

1629 (b) The biennial fee for a hotel or motel endorsement is $200.

1730 (c) The holder of a beverage dispensary license or a beverage dispensary 1831 tourism license that is a hotel, motel, resort, or similar business premises that caters to 19 the traveling public as a substantial part of its business shall apply for a multiple fixed 2002 counter endorsement under AS 04.09.420 to sell or serve alcoholic beverages at a 2103 secondary location located in a building different than the licensed premises for the 2204 beverage dispensary license or a beverage dispensary tourism license if the different 2305 building 2406 (1) is located on the same property as, adjacent to, or attached to the 2507 originally licensed premises;

2608 (2) principally caters to guests of the hotel or motel;

and 2709 (3) principally encourages the tourism trade at the hotel or motel.

2810 (d) The holder of a hotel or motel endorsement may stock alcoholic beverages 2911 in guest rooms, for sale and consumption only in the guest room.

Alcoholic beverages 3012 stocked under this subsection must be stocked by an employee who is 21 years of age 3113 or older, may not be supplied or resupplied during hours that the sale of alcoholic 14 beverages is prohibited as provided under AS 04.16.010(a) and (d), and must be stored 0215 in a unit using a key or combination lock system within the guest room.

A key lock 0316 system must be designed to prevent the removal of the key unless the unit is locked.

0417 Except for the licensee, or an agent or employee of the licensee, a key or combination 0518 enabling a person to obtain alcoholic beverages stocked in a guest room may be 0619 provided only to a guest who occupies the room and who is 21 years of age or older.

0720 (e) The holder of a hotel or motel endorsement shall exercise control over 0821 conduct of the business in all areas of the licensed premises.

0922 (f) The holder of a beverage dispensary license or a beverage dispensary 1023 tourism license who engages in activity under this section without an endorsement 1124 under this section commits the offense of unendorsed hotel or motel service.

1225 (g) The holder of a hotel or motel endorsement who fails to comply with the 1326 requirements of this section commits the offense of hotel or motel endorsement 1427 noncompliance.

1528 (h) Unendorsed hotel or motel service is a violation and is punishable by a fine 1629 of $500.

1730 (i) Hotel or motel endorsement noncompliance is a violation.

1831 Sec.

(a) A large resort endorsement 19 authorizes the holder of a beverage dispensary license or a beverage dispensary 2002 tourism license that is a large resort to sell or serve alcoholic beverages from multiple 2103 locations on the resort property including in a dining room, banquet room, and other 2204 public areas approved by the board, and in guest rooms, regardless of whether the 2305 locations are in the same building or under the same roof,roof. for consumption on the site 24 of the large resort.

2506 (b) The biennial fee for a large resort endorsement is $200.

2607 (c) The holder of a large resort endorsement shall apply for a multiple fixed 2708 counter endorsement under AS 04.09.420 to sell or serve alcoholic beverages from 2809 multiple locations within the large resort's property.

The locations do not need to be 2910 located in the same building or on the same parcel, but must be within the boundary of 3011 the large resort, as that term is defined in (h) of this section.

3112 (d) The holder of a large resort endorsement may sell or serve alcoholic 13 beverages only from locations on the site of the large resort.

0214 (e) For federal income tax purposes, the profit and loss from the licensed 0315 business conducted at locations on the resort under a large resort endorsement, other 0416 than guest rooms, must be combined or consolidated with the profit and loss from the 0517 licensed business conducted under the multiple fixed counter endorsement.

0618 (f) The holder of a large resort endorsement shall exercise control over 0719 conduct of the business in all areas of the licensed premises.

0820 (g) A holder of a beverage dispensary license with a large resort endorsement 0921 may stock alcoholic beverages in guest rooms, for sale and consumption only in the 1022 guest room.

Alcoholic beverages stocked under this subsection must be stocked by an 1123 employee who is 21 years of age or older, may not be supplied or resupplied during 1224 hours that the sale of alcoholic beverages is prohibited as provided under 1325 AS 04.16.010(a) and (d), and must be stored in a unit using a key or combination lock 1426 system within the guest room.

A key lock system must be designed to prevent the 1527 removal of the key unless the unit is locked.

Except for the licensee, or an agent or 1628 employee of the licensee, a key or combination enabling a person to obtain alcoholic 1729 beverages stocked in a guest room may be provided only to a guest who occupies the 1830 room and who is 21 years of age or older.

1931 (h) In this section, "large resort" means a resort that offers both outdoor 20 recreational activities and overnight lodging to the public and is located on a site 2102 consisting of at least 10 contiguous acres containing one or more parcels of real 2203 property owned by the licensee, leased by the licensee, or a combination of parcels 2304 owned by the licensee and leased by the licensee.

2405 (i) The holder of a beverage dispensary license or a beverage dispensary 2506 tourism license who engages in activity under this section without an endorsement 2607 under this section commits the offense of unendorsed large resort service.

2708 (j) The holder of a large resort endorsement who fails to comply with the 2809 requirements of (c) - (g) of this section commits the offense of large resort 2910 endorsement noncompliance.

3011 (k) Unendorsed large resort service is a violation and is punishable by a fine of 3112 $500.

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

0214 Sec.

(a) A restaurant endorsement 0315 authorizes the holder of a restaurant or eating place license, beverage dispensary 0416 license, golf course license, sporting event license, club license, outdoor recreation 0517 lodge license, destination resort license, beverage dispensary tourism license, or 0618 seasonal restaurant or eating place tourism license to allow a person 0719 (1) under 21 years of age access as provided in (e) of this section to the 0820 premises of a bona fide restaurant on the licensed premises;

and 0921 (2) to enter or remain on the licensed premises to consume food or 1022 nonalcoholic beverages as authorized under AS 04.16.010(c)(5).

1123 (b) The biennial fee for a restaurant endorsement is $200.

1224 (c) An application for a restaurant endorsement must specify the establishment 1325 or portion of the establishment that constitutes a bona fide restaurant.

1426 (d) The board may issue an endorsement under this section only if the board 1527 finds 1628 (1) that the establishment or portion of the establishment for which the 1729 endorsement is requested is a bona fide restaurant;

1830 (2) there is supervision on the premises adequate to reasonably ensure 1931 that a person under 21 years of age will not obtain alcoholic beverages;

and 20 (3) that it is unlikely that persons under 21 years of age not employed 2102 on the premises will enter and remain on the premises of the bona fide restaurant for 2203 purposes other than dining.

2304 (e) The board may authorize the holder of a license with a restaurant 2405 endorsement 2506 (1) to allow a person who is at least 16 years of age but under 21 years 2607 of age to enter and remain on the licensed premises for dining only;

2708 (2) to allow a person who is under 16 years of age to enter and remain 2809 on the licensed premises for dining only if 2910 (A) the person is accompanied by a person who is 21 years of 3011 age or older;

and 3112 (B) the parent or guardian of the person consents to the person 13 being on the licensed premises;

and 0214 (3) subject to AS 04.16.049, to employ or permit the employment of a 0315 person who is at least 16 years of age but under 21 years of age on the premises of the 0416 bona fide restaurant if the employer provides adequate supervision to ensure that the 0517 person does not obtain alcoholic beverages.

0618 (f) The holder of a license who engages in activity under this section without 0719 an endorsement under this section commits the offense of unendorsed restaurant 0820 service.

0921 (g) The holder of a restaurant endorsement who engages in activity not 1022 authorized by the board under (e) of this section or fails to comply with the 1123 requirements of (e) of this section commits the offense of restaurant endorsement 1224 noncompliance.

1325 (h) Unendorsed restaurant service is a violation and is punishable by a fine of 1426 $500.

1527 (i) Restaurant endorsement noncompliance is a violation.

1628 Sec.

(a) A package store 1729 shipping endorsement authorizes the holder of a package store license to sell alcoholic 1830 beverages to a person who makes an order to that licensee for shipment.

1931 (b) The biennial fee for a package store shipping endorsement is $200.

20 (c) An endorsement holder may ship alcoholic beverages only to the purchaser 2102 and may ship alcoholic beverages only in response to an order.

The endorsement 2203 holder may not, in response to an order, ship alcohol to a purchaser at an address other 2304 than the address where the purchaser resides or, if the purchaser resides in a 2405 municipality or established village that has adopted a local option under 2506 AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2) for which a community delivery site has 2607 been designated under AS 04.11.491(f), to an address other than that community 2708 delivery site except as provided by AS 04.11.491(f)(1) and (2).

2809 (d) An endorsement holder shall provide written or electronic information on 2910 fetal alcohol syndrome and fetal alcohol effects resulting from a woman's 3011 consumption of alcohol during pregnancy to the purchaser in response to an order.

3112 (e) If a shipment is to an area that has restricted the sale of alcoholic beverages 13 under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), an endorsement holder may not 0214 ship to a purchaser more than 10.5 liters of distilled spirits or 24 liters or more of wine, 0315 or either a half-barrel keg of brewed beverages or 12 gallons or more of brewed 0416 beverages in individual containers in a calendar month, or a lower amount of distilled 0517 spirits, wine, or brewed beverages if the municipality or established village has 0618 adopted the lower amount by local option under AS 04.11.491(g).

Before shipping 0719 alcohol to a purchaser in a restricted area, an endorsement holder shall consult the 0820 database maintained by the board under AS 04.06.095 for any alcoholic beverage 0921 shipments made to the purchaser during that calendar month by a package store.

An 1022 endorsement holder may not ship an amount of alcoholic beverages to a purchaser in a 1123 restricted area that, when added to the amount already shipped, exceeds the amount 1224 authorized by this subsection.

An endorsement holder shall immediately enter into the 1325 database the date and the amount of alcoholic beverages shipped to the purchaser.

1426 (f) An endorsement holder may not divide or combine shipments of alcoholic 1527 beverages so as to circumvent the limitation imposed under (e) of this section.

1628 (g) In this section, "endorsement holder" means the holder of a package store 1729 license with a package store shipping endorsement, and an agent or employee of the 1830 holder of a package store license with a package store shipping endorsement.

1931 (h) The holder of a package store license who ships alcoholic beverages 20 without an endorsement under this section commits the offense of unendorsed package 2102 store shipping.

2203 (i) The holder of a package store shipping endorsement who fails to comply 2304 with the requirements of (c) - (f) of this section commits the offense of package store 2405 shipping endorsement noncompliance.

2506 (j) Unendorsed package store shipping is a violation and is punishable by a 2607 fine of $500.

2708 (k) Package store shipping endorsement noncompliance is a violation.

2809 Sec.

(a) A package store 2910 delivery endorsement authorizes the holder of a package store license to deliver 3011 alcoholic beverages to the location of a social event as set out in this section.

For 3112 purposes of this subsection, the board shall define by regulation the term "social 13 event." 0214 (b) The biennial fee for a package store delivery endorsement is $200.

0315 (c) The holder of a package store delivery endorsement may deliver alcoholic 0416 beverages only in response to an order.

The board shall adopt regulations specifying 0517 the occasions for which delivery of alcoholic beverages is allowed and the manner of 0618 delivery by the licensee.

0719 (d) The holder of a package store delivery endorsement may deliver alcoholic 0820 beverages only to a responsible adult at the delivery location specified on the order.

0921 The responsible adult shall provide identification and acceptable proof of age under 1022 AS 04.21.050 and acknowledge in writing receipt of the alcoholic beverages.

1123 (e) The holder of a package store license who delivers alcoholic beverages 1224 without an endorsement under this section commits the offense of unendorsed package 1325 store delivery.

1426 (f) The holder of a package store delivery endorsement who fails to comply 1527 with the requirements of (c) and (d) of this section commits the offense of package 1628 store delivery endorsement noncompliance.

1729 (g) Unendorsed package store delivery is a violation and is punishable by a 1830 fine of $500.

1931 (h) Package store delivery endorsement noncompliance is a violation.

20 Sec.

(a) A package 2102 store repackaging endorsement authorizes the holder of a package store license to 2203 subdivide and sell alcoholic beverages from original packages with federally 2304 compliant labels to smaller containers with the standard federal government warnings 2405 and the product name.

2506 (b) The biennial fee for a package store repackaging endorsement is $200.

2607 (c) A package store licensee with a package store repackaging endorsement 2708 may 2809 (1) subdivide alcoholic beverages 2910 (A) for sale on the licensed premises by opening the original 3011 package for the purpose of subdividing the contents into smaller packages;

or 3112 (B) in response to a purchase request from a person who is on 13 the licensed premises or purchase order submitted in accordance with 0214 AS 04.09.470(c);

0315 (2) permit an agent or employee to subdivide alcoholic beverages, but 0416 may not permit a customer or another person who is not an agent or employee of the 0517 licensee to subdivide alcoholic beverages.

0618 (d) The holder of a package store license who repackages alcoholic beverages 0719 without an endorsement under this section commits the offense of unendorsed package 0820 store repackaging.

0921 (e) The holder of a package store repackaging endorsement who fails to 1022 comply with the requirements of this section commits the offense of package store 1123 repackaging endorsement noncompliance.

1224 (f) Unendorsed package store repackaging is a violation and is punishable by a 1325 fine of $500.

1426 (g) Package store repackaging endorsement noncompliance is a violation.

1527 Sec.

(a) A package store 1628 sampling endorsement authorizes the holder of a package store license to offer for 1729 consumption on the licensed premises at no charge a small sample of an alcoholic 1830 beverage from its inventory during the package store's stated hours of business, but not 1931 between the hours of midnight and 8:00 a.m.

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

2102 (c) Only the license holder or an agent or employee of the license holder may 2203 serve a sample.

2304 (d) The holder of a package store sampling endorsement may serve a total 2405 volume of samples to a person on a licensed premises each day that does not exceed 2506 (1) 12 ounces of beer or mead, or cider, if the mead or cider contains 2607 less than 8.5 percent alcohol by volume;

2708 (2) six ounces of wine, sake, or mead or cider, if the mead or cider 2809 contains 8.5 percent or more alcohol by volume;

2910 (3) 1.5 ounces of distilled spirits;

or 3011 (4) the alcoholic equivalent of (1), (2), or (3) of this subsection.

3112 (e) The holder of a package store sampling endorsement may not publicly 13 advertise, including through newsprint, radio, or television, sampling activities 0214 conducted under the endorsement.

However, the holder of a package store sampling 0315 endorsement may notify existing customers of sampling activities, including by 0416 electronic means.

0517 (f) A person who offers a sample of an alcoholic beverage for consumption on 0618 the licensed premises of a package store without an endorsement under this section 0719 commits the offense of unendorsed package store sampling.

0820 (g) Unendorsed package store sampling is a violation and is punishable by a 0921 fine of $500.

1022 (h) The holder of a package store sampling endorsement who fails to comply 1123 with the requirements of (a) and (c) - (e) of this section commits the offense of failure 1224 to comply with the terms of a package store sampling endorsement.

1325 (i) Failure to comply with the terms of a package store sampling endorsement 1426 is a violation.

1527 Sec.

(a) A bowling alley endorsement 1628 authorizes the holder of a beverage dispensary license or a beverage dispensary 1729 tourism license to sell or serve alcoholic beverages in the concourse or lane areas of 1830 the bowling alley adjacent to the main bar area.

1931 (b) The biennial fee for a bowling alley endorsement is $200.

20 (c) The board may issue a bowling alley endorsement only if the concourse or 2102 lane areas of the bowling alley or both are 2203 (1) designated as part of the licensed premises for the beverage 2304 dispensary license or a beverage dispensary tourism license;

and 2405 (2) adjacent to the main bar area.

2506 (d) Notwithstanding AS 04.16.049, the board may, upon application, authorize 2607 access by persons under 21 years of age to the concourse or lane areas or both that are 2708 designated part of the licensed premises of the bowling alley during hours when no 2809 alcoholic beverages are being sold, served, or consumed.

2910 (e) The periods during which persons under 21 years of age may be permitted 3011 access to the licensed premises must be clearly posted on the licensed premises.

3112 (f) The holder of a beverage dispensary license or a beverage dispensary 13 tourism license who sells or serves alcoholic beverages in the concourse or lane areas 0214 of a bowling alley without an endorsement under this section commits the offense of 0315 unendorsed bowling alley service.

0416 (g) The holder of a bowling alley endorsement under this section who fails to 0517 comply with the requirements of (e) of this section or who permits access by a person 0618 under 21 years of age to the concourse or lane areas of the bowling alley during hours 0719 when alcoholic beverages are being served in the concourse or lane areas commits the 0820 offense of bowling alley endorsement noncompliance.

0921 (h) Unendorsed bowling alley service is a violation and is punishable by a fine 1022 of $500.

1123 (i) Bowling alley endorsement noncompliance is a violation.

1224 Sec.

(a) A golf course endorsement 1325 authorizes the owner of a golf course who has obtained a beverage dispensary license 1426 or a beverage dispensary tourism license to sell or serve alcoholic beverages on the 1527 golf course, driving range, club house and other buildings located on the course, and a 1628 vending cart carrying beverages or food to, from, or on the course, excluding the 1729 parking lot.

1830 (b) The biennial fee for a golf course endorsement is $200.

1931 (c) An application for a golf course endorsement must include a drawing of 20 the golf course with an annotated illustration and a description of the portions of the 2102 course that are licensed premises and that are intended to be covered by the 2203 endorsement.

2304 (d) The holder of a beverage dispensary license or beverage dispensary 2405 tourism license who sells or serves alcoholic beverages on a golf course without an 2506 endorsement under this section commits the offense of unendorsed golf course service.

2607 (e) The holder of a golf course endorsement who fails to comply with (a) of 2708 this section commits the offense of golf course endorsement noncompliance.

2809 (f) Unendorsed golf course service is a violation and is punishable by a fine of 2910 $500.

3011 (g) Golf course endorsement noncompliance is a violation.

3112 Sec.

(a) A brewery 13 repackaging endorsement authorizes the holder of a brewery manufacturer license who 0214 held a license to operate a brewpub under former AS 04.11.135 and was operating a 0315 brewpub on the day before the effective date of this section and who also holds, 0416 wholly or in part, a beverage dispensary license, beverage dispensary tourism license, 0517 restaurant or eating place license, or a seasonal restaurant or eating place tourism 0618 license to offer the holder's brewed beverages for sale for consumption off the licensed 0719 premises and to subdivide and sell the holder's brewed beverages from original 0820 packages with federally compliant labels to smaller containers with the standard 0921 federal government warnings and the product name.

1022 (b) The biennial fee for a brewery repackaging endorsement is $200.

1123 (c) A brewery manufacturer licensee with a brewery repackaging endorsement 1224 (1) is authorized to sell, each day to a person on the licensed premises 1325 for consumption off the licensed premises, not more than 26 (A) 5.167 gallons of the holder's 14beer; beer or sake;

15 (2) may permit an agent or employee27 to(B) subdividenine theliters holder's brewed 16 beverages, but may not permit a customer or another person who is not an agent or 17 employee of thesake; licensee to subdivide the holder's brewed beverages.

1828 (d)(2) Inmay thispermit section,an "licensedagent premises"or meansemployee ato premisessubdivide licensedthe underholder's abrewed 1929 beveragebeverages, dispensarybut license,may beveragenot dispensarypermit tourisma license,customer restaurant or eatinganother 20person placewho license,is ornot aan seasonalagent restaurant or eating30 placeemployee tourismof licensethe thatlicensee isto controlledsubdivide 21the byholder's abrewed brewerybeverages. manufacturer licensee.

2231 (e)(d) TheIn holderthis ofsection, "licensed premises" means a brewerypremises manufacturerlicensed licenseunder whoa repackagesbeverage breweddispensary 23license, beveragesbeverage withoutdispensary antourism endorsementlicense, underrestaurant thisor sectioneating 02 place license, or a breweryseasonal retailrestaurant licenseor undereating 24place AStourism 04.09.310license commitsthat theis offensecontrolled of03 unendorsedby a brewery repackaging.manufacturer licensee.

2504 (f)(e) The holder of a brewery repackagingmanufacturer endorsementlicense who failsrepackages tobrewed comply05 26beverages withwithout thean requirementsendorsement ofunder this section or a brewery retail license under 06 AS 04.09.310 commits the offense of unendorsed brewery repackagingrepackaging. 27 endorsement noncompliance.

2807 (g)(f) UnendorsedThe holder of a brewery repackaging isendorsement awho violation,fails punishableto bycomply a08 finewith the requirements of 29this $500.section commits the offense of brewery repackaging 09 endorsement noncompliance.

3010 (h)(g) BreweryUnendorsed brewery repackaging endorsementis noncompliancea isviolation, punishable by a violation.fine of 11 $500.

3112 Article(h) 6.Brewery repackaging endorsement noncompliance is a violation.

13 Article 6.

14 Sec.