CSSB 165(JUD) am: "An Act relating to the presence of minors in the licensed premises of manufacturers, wholesalers, and retailers of alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to background checks for persons applying to operate marijuana establishments; relating to the offense of minor consuming; relating to revocation of a driver's license for a minor consuming offense; relating to the effect of the revocation of a driver's license for a minor consuming offense on a motor vehicle liability insurance policy; and amending Rule 17, Alaska Rules of Minor Offense Procedure."
00 CS FOR SENATE BILL NO. 165(JUD) am 01 "An Act relating to the presence of minors in the licensed premises of manufacturers, 02 wholesalers, and retailers of alcoholic beverages; relating to the Alcoholic Beverage 03 Control Board; relating to background checks for persons applying to operate 04 marijuana establishments; relating to the offense of minor consuming; relating to 05 revocation of a driver's license for a minor consuming offense; relating to the effect of 06 the revocation of a driver's license for a minor consuming offense on a motor vehicle 07 liability insurance policy; and amending Rule 17, Alaska Rules of Minor Offense 08 Procedure." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 04.06.020 is repealed and reenacted to read: 11 Sec. 04.06.020. Appointment and qualifications. (a) The board consists of 12 five members appointed by the governor and confirmed by a majority of the members
01 of the legislature in joint session. A member of the board may not hold any other state 02 or federal office, either elective or appointive. 03 (b) Except as provided in (c) of this section, at the time of appointment or 04 reappointment, one member of the board shall be actively engaged in the public safety 05 sector, one member of the board shall represent the general public, one member of the 06 board shall have resided in a rural area within the previous five years, and two 07 members of the board shall be actively engaged in the alcoholic beverage industry. 08 (c) A member of the board may not hold a wholesale alcoholic beverage 09 license or be an officer, agent, or employee of a wholesale alcoholic beverage 10 enterprise. Not more than two members of the board may be engaged in the same 11 business, occupation, or profession. A board member actively engaged in the public 12 safety sector, from a rural area, or representing the general public may not have, or 13 have an immediate family member who has, a financial interest in a business for 14 which a license is issued. A board member representing the general public may not be 15 affiliated with the public safety sector or the public health sector. 16 (d) In this section, 17 (1) "immediate family member" means a spouse, child, or parent; 18 (2) "public health sector" means a profession that primarily has the 19 responsibility to protect the safety and improve the health of communities through 20 education, policy making, and research for disease and injury prevention; 21 (3) "public safety sector" means a peace officer, a municipal or state 22 prosecutor, a former judicial officer, or a profession that primarily has the authority to 23 provide for the welfare and protection of the general public through the enforcement 24 of municipal, state, or federal laws; 25 (4) "rural area" means a community with a population of 7,000 or less 26 that is not connected by road or rail to Anchorage or Fairbanks or with a population of 27 2,000 or less that is connected by road or rail to Anchorage or Fairbanks; in this 28 paragraph, 29 (A) "community" means a city as that term is defined in 30 AS 29.71.800, and an established village that is located in a borough or the 31 unorganized borough;
01 (B) "population" means the population of a community as 02 determined under AS 29.60.860(c). 03 * Sec. 2. AS 04.06.030(c) is amended to read: 04 (c) The board shall select a chair [CHAIRMAN] from among its members. 05 * Sec. 3. AS 04.06.050 is amended to read: 06 Sec. 04.06.050. Meetings. The board shall meet at the call of the chair 07 [CHAIRMAN]. The board shall also meet at least once each year in each judicial 08 district of the state to study this title and to modify existing board regulations in light 09 of statewide and local problems. 10 * Sec. 4. AS 04.16.049(a) is amended to read: 11 (a) A person under [THE AGE OF] 21 years of age may not knowingly enter 12 or remain in premises licensed under this title unless 13 (1) accompanied by a parent, guardian, or spouse who has attained 14 [THE AGE OF] 21 years of age; 15 (2) the person is at least 16 years of age, the premises are designated 16 by the board as a restaurant for the purposes of this section, and the person enters and 17 remains only for dining; 18 (3) the person is under [THE AGE OF] 16 years of age, is 19 accompanied by a person over [THE AGE OF] 21 years of age, the parent or guardian 20 of the underaged person consents, the premises are designated by the board as a 21 restaurant for the purposes of this section, and the person enters and remains only for 22 dining; [OR] 23 (4) the person is permitted on the premises under a club license issued 24 under AS 04.11.110(g); or 25 (5) otherwise provided under (c), (d), or (g) of this section. 26 * Sec. 5. AS 04.16.049(b) is amended to read: 27 (b) Notwithstanding (a) of this section, a licensee or an agent or employee of 28 the licensee may refuse entry to a person under [THE AGE OF] 21 years of age to that 29 part of licensed premises in which alcoholic beverages are sold, served, or consumed, 30 may refuse service to a person under [THE AGE OF] 21 years of age, or may require 31 a person under [THE AGE OF] 21 years of age to leave the portion of the licensed
01 premises in which alcoholic beverages are sold, served, or consumed. 02 * Sec. 6. AS 04.16.049(c) is amended to read: 03 (c) Notwithstanding any other provision in this section, a person 16 or 17 04 years of age may enter and remain within the licensed premises of a hotel, golf course, 05 or restaurant [,] or eating place in the course of employment if (1) the employment 06 does not involve the serving, mixing, delivering, or dispensing of alcoholic beverages; 07 (2) the person has the written consent of a parent or guardian; and (3) an exemption 08 from the prohibition of AS 23.10.355 is granted by the Department of Labor and 09 Workforce Development. The board, with the approval of the governing body having 10 jurisdiction and at the licensee's request, shall designate which premises are hotels, 11 golf courses, restaurants, or eating places for the purposes of this subsection. 12 * Sec. 7. AS 04.16.049(d) is amended to read: 13 (d) Notwithstanding any other provision in this section, a person 18, 19, or 20 14 years of age may be employed within the licensed premises of a hotel, golf course, or 15 restaurant [,] or eating place, may enter and remain within those premises for the 16 purpose of employment, but may not, in the course of employment, sell, serve, deliver, 17 or dispense alcoholic beverages. 18 * Sec. 8. AS 04.16.049 is amended by adding new subsections to read: 19 (g) Notwithstanding any other provision in this section, a person under 21 20 years of age may be present on licensed premises on a golf course for the purpose of 21 playing golf or attending golf-related activities if the person 22 (1) is at least 16 years of age; or 23 (2) is under 16 years of age and 24 (A) the person is accompanied by a person who is at least 21 25 years of age; and 26 (B) a parent or guardian of the underage person consents. 27 (h) A person under 21 years of age who knowingly enters or remains on 28 premises licensed under this title except as allowed in this section commits the offense 29 of unauthorized presence by a person under 21 years of age on licensed premises. 30 (i) Unauthorized presence by a person under 21 years of age on licensed 31 premises is a violation, punishable by a fine of $500. The violation must be charged
01 and filed with the court as a separate case and may not be combined or joined with any 02 other minor offense or criminal charge in one action at the time of filing. A court may 03 reduce the fine to $50 if the person provides the court, not later than six months after a 04 judgment of conviction is entered, with proof of completion of 05 (1) an alcohol safety action program or a juvenile alcohol safety action 06 program developed, designated, or approved by the Department of Health and Social 07 Services under AS 47.37; or 08 (2) a community diversion panel. 09 * Sec. 9. AS 04.16.050 is repealed and reenacted to read: 10 Sec. 04.16.050. Possession, control, or consumption by persons under 21 11 years of age. (a) A person under 21 years of age may not knowingly consume, 12 possess, or control alcoholic beverages except those furnished to persons under 13 AS 04.16.051(b). 14 (b) A person under 21 years of age who knowingly consumes, possesses, or 15 controls an alcoholic beverage other than an alcoholic beverage furnished under 16 AS 04.16.051(b) commits the offense of minor consuming or in possession or control. 17 (c) Minor consuming or in possession or control is a violation, punishable by a 18 fine of $500. The violation must be charged and filed with the court as a separate case 19 and may not be combined or joined with any other minor offense or criminal charge in 20 one action at the time of filing. A court may reduce the fine to $50 if the person 21 provides the court, not later than six months after a judgment of conviction is entered, 22 with proof of completion of 23 (1) an alcohol safety action program or a juvenile alcohol safety action 24 program developed, designated, or approved by the Department of Health and Social 25 Services under AS 47.37; or 26 (2) a community diversion panel. 27 * Sec. 10. AS 04.21.065(b) is amended to read: 28 (b) The warning signs required by (a) of this section must be at least 11 inches 29 by 14 inches, and the lettering must be at least one-half inch high and in contrasting 30 colors. The first sign must read, "WARNING: Drinking alcoholic beverages such as 31 beer, wine, wine coolers, and distilled spirits or smoking cigarettes during pregnancy
01 can cause birth defects." The second sign must read, "WARNING: A person who 02 provides alcoholic beverages to a person under 21 years of age, if convicted under 03 AS 04.16.051, could be imprisoned for up to five years and fined up to $50,000." The 04 third sign must read, "WARNING: An unaccompanied [A] person under 21 years of 05 age who enters these premises in violation of law may [COULD], under 06 AS 04.16.049(e), be civilly liable for damages of $1,500." The license or permit 07 holder shall display the first and second signs in a manner that would make them 08 conspicuous to a person who will be purchasing or consuming alcoholic beverages or 09 smoking cigarettes on the licensed or designated premises and shall conspicuously 10 display the third sign at each door through which customers enter the licensed 11 premises. 12 * Sec. 11. AS 04.21 is amended by adding a new section to read: 13 Sec. 04.21.078. Court records of persons under 21 years of age. The Alaska 14 Court System may not publish on a publicly available website the court records of a 15 violation of AS 04.16.049 or 04.16.050, or a similar ordinance of a municipality, if the 16 violation was charged separately and was not joined with any other minor offense or 17 criminal charge at the time of filing. 18 * Sec. 12. AS 04.21.080(b) is amended by adding a new paragraph to read: 19 (20) "community diversion panel" means a youth court or other group 20 serving as a sentencing option for a person convicted under this section. 21 * Sec. 13. AS 12.62.400(a) is amended to read: 22 (a) To obtain a national criminal history record check for determining a 23 person's qualifications for a license, permit, registration, employment, or position, a 24 person shall submit the person's fingerprints to the department with the fee established 25 by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 26 of Investigation to obtain a national criminal history record check of the person for the 27 purpose of evaluating a person's qualifications for 28 (1) a license or conditional contractor's permit to manufacture, sell, 29 offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 30 under AS 04.11; 31 (2) licensure as a mortgage lender, a mortgage broker, or a mortgage
01 loan originator under AS 06.60; 02 (3) admission to the Alaska Bar Association under AS 08.08; 03 (4) licensure as a collection agency operator under AS 08.24; 04 (5) a certificate of fitness to handle explosives under AS 08.52; 05 (6) licensure as a massage therapist under AS 08.61; 06 (7) licensure to practice nursing or certification as a nurse aide under 07 AS 08.68; 08 (8) certification as a real estate appraiser under AS 08.87; 09 (9) a position involving supervisory or disciplinary power over a minor 10 or dependent adult for which criminal justice information may be released under 11 AS 12.62.160(b)(9); 12 (10) a teacher certificate under AS 14.20; 13 (11) licensure as a security guard under AS 18.65.400 - 18.65.490; 14 (12) a concealed handgun permit under AS 18.65.700 - 18.65.790; 15 (13) licensure as an insurance producer, managing general agent, 16 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 17 broker, or independent adjuster under AS 21.27; 18 (14) serving and executing process issued by a court by a person 19 designated under AS 22.20.130; 20 (15) a school bus driver license under AS 28.15.046; 21 (16) licensure as an operator or an instructor for a commercial driver 22 training school under AS 28.17; 23 (17) registration as a broker-dealer, agent, investment adviser 24 representative, or state investment adviser under AS 45.55.030 - 45.55.060; 25 (18) a registration or license to operate a marijuana establishment 26 under AS 17.38. 27 * Sec. 14. AS 17.38.200(a) is amended to read: 28 (a) Each application or renewal application for a registration to operate a 29 marijuana establishment shall be submitted to the board. A renewal application may be 30 submitted up to 90 days before [PRIOR TO] the expiration of the marijuana 31 establishment's registration. When filing an application under this subsection, the
01 applicant shall submit the applicant's fingerprints and the fees required by the 02 Department of Public Safety under AS 12.62.160 for criminal justice information 03 and a national criminal history record check. The board shall forward the 04 fingerprints and fees to the Department of Public Safety to obtain a report of 05 criminal justice information under AS 12.62 and a national criminal history 06 record check under AS 12.62.400. 07 * Sec. 15. AS 21.36.210(a) is amended to read: 08 (a) An insurer may not exercise its right to cancel a policy of personal 09 automobile insurance except for the following reasons: 10 (1) nonpayment of premium; or 11 (2) the driver's license or motor vehicle registration of either the named 12 insured or of an operator who resides in the same household as the named insured or 13 who customarily operates a motor vehicle insured under the policy has been under 14 suspension or revocation during the policy period or, if the policy is a renewal, during 15 its policy period or the 180 days immediately preceding its effective date [; THIS 16 PARAGRAPH DOES NOT APPLY TO REVOCATION AS DESCRIBED UNDER 17 AS 21.96.027]. 18 * Sec. 16. AS 28.15.057(a) is amended to read: 19 (a) Except as provided under AS 28.15.051, a person who is at least 16 years 20 of age but not yet 18 years of age may not be issued a driver's license unless the 21 person has 22 (1) been licensed under an instruction permit issued under 23 AS 28.15.051 or under the law of another state with substantially similar requirements 24 for at least six months; 25 (2) held a valid provisional driver's license issued under AS 28.15.055 26 for at least six months; and 27 (3) not been convicted of violating a traffic law [, OR BEEN 28 CONVICTED OF VIOLATING AS 04.16.050(c),] during the six months before 29 applying for a driver's license; in this paragraph, "traffic law" has the meaning given to 30 "traffic laws" in AS 28.15.261. 31 * Sec. 17. AS 28.15.191(a) is amended to read:
01 (a) A court that convicts a person of an offense under this title or a regulation 02 adopted under this title, or another law or regulation of this state or a municipal 03 ordinance that regulates the driving of vehicles [, OR A VIOLATION OF 04 AS 04.16.050] shall forward a record of the conviction to the department within five 05 working days. A conviction of a standing or parking offense need not be reported. 06 * Sec. 18. AS 28.15.211(g) is amended to read: 07 (g) Except as provided under AS 28.15.183(h), the department may not issue a 08 new license or reissue a license to a person whose driver's license has been revoked 09 under [AS 04.16.050,] AS 28.15.183 [,] or 28.15.185 unless the person, if required to 10 participate in a juvenile alcohol safety action program, has successfully completed any 11 education or treatment recommended. In this subsection, "juvenile alcohol safety 12 action program" has the meaning given in AS 04.21.080. 13 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 DIRECT COURT RULE AMENDMENT. Rule 17(a), Alaska Rules of Minor 16 Offense Procedure, is amended to read: 17 (a) Except as provided in subsection (g), a [A] prosecutor may join a minor 18 offense with a related criminal offense under the circumstances described in Criminal 19 Rule 8(a). 20 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 DIRECT COURT RULE AMENDMENT. Rule 17, Alaska Rules of Minor 23 Offense Procedure, is amended by adding a new subsection to read: 24 (g) A prosecutor may not join a minor offense for a violation of AS 04.16.049 25 or 04.16.050 with a related criminal offense. 26 * Sec. 21. AS 21.96.027; AS 28.15.176(1), 28.15.181(h), 28.15.185(e); AS 47.12.030(b)(5), 27 47.12.060(b)(4), and 47.12.120(k) are repealed. 28 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. AS 04.16.049(a) - (d), as amended by secs. 4 - 7 of this Act, 31 AS 04.16.049(g) - (i), added by sec. 8 of this Act, AS 04.16.050, as repealed and reenacted by
01 sec. 9 of this Act, and AS 04.21.080(b)(20), added by sec. 12 of this Act, apply to offenses 02 committed on or after the effective date of this Act. 03 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITION. A person who is a member of the Alcoholic Beverage Control Board 06 on the day before the effective date of this Act continues to serve until the expiration of the 07 member's term. The governor shall take the requirements of AS 04.06.020, as repealed and 08 reenacted by sec. 1 of this Act, into account in making new appointments.