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CSHB 372(L&C): "An Act relating to the authority of the Alcoholic Beverage Control Board to exempt certain restaurant or eating place licenses from requirements relating to operation of a restaurant and to food sales; and providing for an effective date."

00 CS FOR HOUSE BILL NO. 372(L&C)                                                                                          
01 "An Act relating to the authority of the Alcoholic Beverage Control Board to                                            
02 exempt certain restaurant or eating place licenses from requirements relating to                                        
03 operation of a restaurant and to food sales; and providing for an effective                                             
04 date."                                                                                                                  
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 04.11.100(f) is amended to read:                                                                    
07  (f)  Notwithstanding the provisions of (b) and (e) of this section, upon written                                      
08 application and approval of the local governing body, the board may renew [ISSUE OR                                   
09 REISSUE] a restaurant or eating place license and exempt the licensee from the                                          
10 requirements of (b) and (e) of this section if the license was issued under the                                        
11 provisions of this subsection before July 1, 1996.  [A LICENSEE EXEMPT                                                 
12 AS PROVIDED IN THIS SUBSECTION SHALL PROVIDE FOOD ITEMS FOR SALE                                                        
13 ON THE PREMISES AS SHOWN ON A MENU APPROVED BY THE BOARD AND                                                            
14 AVAILABLE TO PATRONS.]  The board may not                                                                               
01   (1)  renew [ISSUE OR REISSUE] a license as provided under this                                                     
02 subsection if                                                                                                           
03   (A)  the renewal [ISSUANCE OR REISSUANCE] would result                                                            
04 in more than one exempt restaurant or eating place license for every 10 restaurant                                      
05 or eating place licenses allowed under the provisions of AS 04.11.400(a)(2) or                                          
06 (3);                                                                                                                    
07   (B)  the premises would be located in a building having a public                                                    
08 entrance within 200 feet of the boundary line of a school or a church building in                                       
09 which religious services are being regularly conducted; for purposes of this                                            
10 subparagraph, the 200-foot prohibition is measured from the outer boundary line                                         
11 of the school or the public entrance of the church building by the shortest                                             
12 pedestrian route to the nearest public entrance of the restaurant or eating place;                                     
13 or                                                                                                                     
14   (2)  [REISSUE A RESTAURANT OR EATING PLACE LICENSE                                                                   
15 AS EXEMPT AS PROVIDED UNDER THE PROVISIONS OF THIS SUBSECTION                                                           
16 IF THE LICENSE WAS ISSUED UNDER THE PROVISIONS OF AS 04.11.400(g);                                                      
17 OR                                                                                                                      
18   (3)]  transfer an exempt license issued under this subsection to another                                             
19 person.                                                                                                                 
20    * Sec. 2.  AS 04.11.100 is amended by adding a new subsection to read:                                               
21  (g)  A restaurant or eating place licensee operating under a license issued under                                     
22 (f) of this section                                                                                                     
23   (1)  shall offer a full-service menu of food items available to the public;                                          
24 the menu must be approved by the board;                                                                                 
25   (2)  may only provide live performances or music on the licensed                                                     
26 premises between the hours of 6:00 p.m. and 9:00 p.m. unless approved by the director                                   
27 after written request by the licensee for a specific occasion.                                                          
28    * Sec. 3.  TRANSITION.  Notwithstanding the provisions of AS 04.11.100(f), as amended                                
29 by sec. 1 of this Act, if this Act takes effect before July 1, 1996, then during the period between                     
30 the effective date of this Act and July 1, 1996, the Alcoholic Beverage Control Board may                               
31 renew an existing restaurant or eating place license under AS 04.11.100(f) but may not issue a                          
01 new restaurant or eating place license under AS 04.11.100(f).                                                           
02    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).