SB 16 — An Act relating to certain alcoholic beverage licenses and permits; relating to the bond requirement for certain alcoholic beverage license holders; and providing for an effective date.

and 31 (2) for a period beginning two hours before the event until one hour 02 after the event.

0302 (e) The holder of a performing arts theater license shall post the license 0403 conspicuously in the performing arts theater during times when alcoholic beverages 0504 are sold.

0605 (f) The board may not approve an application for the transfer of a performing 0706 arts theater license to another person or location.

0807 (g) An application for a performing arts theater license must clearly identify 0908 designated areas for the sale and consumption of alcoholic beverages, which may 1009 include portions of the audience viewing area at the performing arts theater site.

The 11 board may 10 approve an application for a performing arts theater license only if the 12 application is 11 approved by the local governing body of the municipality in which the 13 performing arts 12 theater site is located or, for a performing arts theater site outside a 14 municipality, 13 approved by the law enforcement agency that has jurisdiction over the 15 performing arts 14 theater site.

1615 (h) InThe thisboard section,may "performingdeny artsan theater"application meansfor arenewal locationof wherea eventsperforming arearts 1716 presentedtheater bylicense liveif performersthe onlicense awas stage,not suchused asfor plays,at operas,least orchestraone concerts,event 18during readings,each andcalendar similar17 activitiesyear asof determined by the board.license period.

18 (i) In this section, "performing arts theater" means a location where events are 19 *presented Sec.by live performers on a stage, such as plays, operas, orchestra concerts, 20 readings, and similar activities as determined by the board.

21 * Sec.

AS 04.11.210(a) is amended to read:

20 (a) The holder of a recreational site license may sell beer and wine at a 21 recreational site during and one hour before and after a recreational activity [EVENT] 22 that is not a school event, for consumption on designated areas at the site.

23 * Sec.

4.

AS 04.11.210(c) is amended to read:

24 (c) In this section, "recreational site" includes a location where sporting 25 activities such as baseball games, car races, hockey games, dog sled racing, skiing or 26 snowboarding [EVENTS], or curling matches [ARE] regularly take place [HELD] 27 during a season.

28 * Sec.

5.

2922 Sec.

(a) A fair license authorizes the holder to sell 3023 beer and wine at multiple noncontiguous locations at regional fairs and other events 24 held on 31a fairgrounds for consumption onat designated areas of the licensed premises.

25 (b) The biennial fair license fee is $800.

0226 (c) The board may issue a fair license only to a nonprofit organization that is 0327 incorporated under AS 10.20 and has been active for a period of at least 10 years 0428 before filing an application for a fair license.

0529 (d) In this section, "fair""regional fair" means an annual gathering of residents of all 30 or a 06 portion of the state that offers competitive exhibitions of livestock and agricultural 0731 crops, carnival amusement rides and games, displays of arts and crafts, or outdoor 08 entertainment.

0902 * Sec.

6.4.

1003 Sec.

(a) A concert permit authorizes the holder of 1104 a recreational site license to sell or dispense beer and wine for consumption on the 1205 licensed premises of the recreational site during a period beginning one hour before 1306 and concluding at the end of a concert or similar entertainment event with a performer 1407 and an audience.

1508 (b) A concert permit may not be transferred or renewed.

1609 (c) The fee for a concert permit is $50 and must accompany the application for 1710 the concert permit.

1811 * Sec.

7.5.

AS 04.11.330(d) is amended to read:

19 (d) Notwithstanding (a)(3) of this section, a performing arts theater license 20 issued under AS 04.11.205 and a recreational site license issued under AS 04.11.210 21 may be renewed if the license was exercised at least once during each of the two 22 preceding calendar years.

23 * Sec.

8.

2412 (a) Except as provided in (d) - (k) and (o) of this section, a new license may 2513 not be issued and the board may prohibit relocation of an existing license 2614 (1) outside an established village, incorporated city, unified 2715 municipality, or organized borough if, after the issuance or relocation, there would be 2816 (A) more than one restaurant or eating place license for each 1,500 population or 2917 fraction of that population, or (B) more than one license of each other type, including 3018 licenses that have been issued under (d) or (e) of this section, for each 3,000 3119 population or fraction of that population, in a radius of five miles of the licensed 20 premises, excluding the populations of established villages, incorporated cities, unified 0221 municipalities, and organized boroughs that are wholly or partly included within the 0322 radius;

0423 (2) inside an established village, incorporated city, or unified 0524 municipality if, after the issuance or relocation, there would be inside the established 0625 village, incorporated city, or unified municipality 0726 (A) more than one restaurant or eating place license for each 0827 1,500 population or fraction of that population;

or 0928 (B) more than one license of each other type, including licenses 1029 that have been issued under (d) or (e) of this section, for each 3,000 population 1130 or fraction of that population;

1231 (3) inside an organized borough but outside an established village or 13 incorporated city located within the borough if, after the issuance or relocation, there 1402 would be inside the borough, but outside the established villages and incorporated 1503 cities located within the borough, 1604 (A) more than one restaurant or eating place license for each 1705 1,500 population or fraction of that population;

or 1806 (B) more than one license of each other type, including licenses 1907 that have been issued under (d) or (e) of this section, for each 3,000 population 2008 or fraction of that population excluding the population of those established 2109 villages that have adopted a local option under AS 04.11.491(b)(1), (3), or (4), 2210 and excluding the population of incorporated cities located within the 2311 organized borough.

2412 * Sec.

9.6.

2513 (o) The board may approve the issuance and renewal of only one fair license 2614 under AS 04.11.215 in each borough.

2715 * Sec.

10.7.

2816 (a) A holder of one of the following types of licenses or permits shall post on 2917 the licensed or designated premises three separate warning signs as described in (b) of 3018 this section:

3119 (1) beverage dispensary license;

20 (2) restaurant or eating place license;

0221 (3) club license;

0322 (4) brewery license;

this paragraph applies only to a brewery that 0423 permits a person to sample portions of the brewery's product;

0524 (5) package store license;

0625 (6) common carrier dispensary license;

0726 (7) recreational site license;

0827 (8) pub license;

0928 (9) winery license;

this paragraph applies only to a winery that permits 1029 a person to sample portions of the winery's product;

1130 (10) distillery license;

this paragraph applies only to a distillery that 1231 permits a person to sample portions of the distillery's product;

13 (11) caterer's permit;

1402 (12) special events permit;

1503 (13) conditional contractor's permit;

1604 (14) performing arts theater license;

1705 (15) fair license;

1806 (16) concert permit;

1907 (17) another license or permit issued by the board authorizing 2008 consumption of alcoholic beverages.

2109 * Sec.

11.8.

2210 (a) Each brewer, distiller, bottler, jobber, wholesaler, or manufacturer is 2311 primarily liable for the payment of the excise taxes on alcoholic beverages sold, and, 2412 except as provided under (i) of this section, shall furnish a good and sufficient 2513 surety bond of $25,000 payable to the department and approved by the Department of 2614 Law.

If a wholesaler fails to pay the tax to the state, the wholesaler forfeits the bond 2715 and the wholesaler's license shall be revoked.

The department, in its discretion, may 2816 issue permits in place of bonds to resident holders of wholesale, malt beverage, and 2917 wine licenses doing business wholly in the state who pay the tax before shipment.

3018 * Sec.

12.9.

3119 (b) Upon receipt of the bond and its subsequent approval, the department shall 20 issue a license certificate authorizing the brewer, distiller, bottler, jobber, wholesaler, 0221 or manufacturer, liable for the payment of the tax, to sell alcoholic beverages in the 0322 state or to consign shipments of alcoholic beverages to the state.

Except as provided 0423 under (i) of this section, it [IT] is unlawful for a brewer, distiller, bottler, jobber, 0524 wholesaler, or manufacturer to sell alcoholic beverages in the state or to consign 0625 shipments of alcoholic beverages into the state without first furnishing the required 0726 bond and obtaining the license certificate or permit from the department.

The license 0827 certificate does not constitute permission to sell alcoholic beverages in the state or to 0928 consign them to the state without having complied with other requirements of state or 1029 federal law.

1130 * Sec.

13.10.

1231 (i) The department may not require a brewer, distiller, bottler, jobber, 13 wholesaler, or manufacturer who has timely filed monthly tax returns and paid 1402 monthly taxes to the department over the most recent three consecutive calendar years 1503 to maintain a bond if the brewer, distiller, bottler, jobber, wholesaler, or manufacturer 1604 remains in compliance with AS 43.60.

The department shall notify the brewer, 1705 distiller, bottler, jobber, wholesaler, or manufacturer of any noncompliance that 1806 requires the brewer, distiller, bottler, jobber, wholesaler, or manufacturer to file a bond 1907 under (a) of this section after three years.

The brewer, distiller, bottler, jobber, 2008 wholesaler, or manufacturer shall, within 30 days after receiving a notice of 2109 noncompliance, file with the department a bond under (a) of this section.

22 * Sec.

14.

This Act takes effect immediately under AS 01.10.070(c).