Legislature(1995 - 1996)

1996-04-01 House Journal

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1996-04-01                     House Journal                      Page 3518
HB 372                                                                       
Representative Davies brought up reconsideration of the vote on                
CSHB 372(L&C) am (page 3483).                                                  
                                                                               
The following was again before the House in third reading:                     
                                                                               
CS FOR HOUSE BILL NO. 372(L&C) am                                             
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.                                    
                                                                               
Representative Davies moved and asked unanimous consent that CSHB              
372(L&C) am be returned to second reading for the specific purpose             
of considering Amendment No. 2.  There being no objection, it was so           
ordered.                                                                       
                                                                               
Amendment No. 2 was offered  by Representative Davies:                          
                                                                               
Page 2, lines 1 - 19:                                                          
	Delete "(1)  renew ªISSUE OR REISSUEß a license as provided               
under this subsection if                                                       
		(A)  the renewal ªISSUANCE OR REISSUANCEß                              
would result in more than one exempt restaurant or eating                      
place license for every 10 restaurant or eating place licenses                 
allowed under the provisions of AS04.11.400(a)(2) or (3);                      
		(B)  the premises would be located in a building                           
having a public entrance within 200 feet of the boundary line                  
of a school or a church building in which religious services                   

1996-04-01                     House Journal                      Page 3519
HB 372                                                                       
are being regularly conducted; for purposes of this                          
subparagraph, the 200-foot prohibition is measured from the                    
outer boundary line of the school or the public entrance of the                
church building by the shortest pedestrian route to the nearest                
public entrance of the restaurant or eating place;  or                   
		(2)  ªREISSUE A RESTAURANT OR EATING PLACE                                  
LICENSE ASEXEMPT ASPROVIDED UNDER THE                                          
PROVISIONS OF THIS SUBSECTION IF THE LICENSE WAS                               
ISSUED UNDER THE PROVISIONS OF AS04.11.400(g); OR                              
		(3)ß  transfer an exempt license issued under this                          
subsection to another person."                                                 
                                                                               
	Insert "ª(1)  ISSUE OR REISSUE A LICENSE ASPROVIDED                           
UNDER THIS SUBSECTION IF                                                       
		(A)  THE ISSUANCE OR REISSUANCE WOULD                                      
RESULT IN MORE THAN ONE EXEMPT RESTAURANT                                      
OR EATING PLACE LICENSE FOR EVERY 10                                           
RESTAURANT OR EATING PLACE LICENSES                                            
ALLOWED UNDER THE PROVISIONS OF                                                
AS04.11.400(a)(2) OR (3);                                                      
		(B)  THE PREMISES WOULD BE LOCATED IN A                                    
BUILDING HAVING A PUBLIC ENTRANCE WITHIN 200                                   
FEET OF THE BOUNDARY LINE OF A SCHOOL OR A                                     
CHURCH BUILDING IN WHICH RELIGIOUS SERVICES                                    
ARE BEING REGULARLY CONDUCTED; FOR                                             
PURPOSES OF THIS SUBPARAGRAPH, THE 200-FOOT                                    
PROHIBITION IS MEASURED FROM THE OUTER                                         
BOUNDARY LINE OF THE SCHOOL OR THE PUBLIC                                      
ENTRANCE OF THE CHURCH BUILDING BY THE                                         
SHORTEST PEDESTRIAN ROUTE TO THE NEAREST                                       
PUBLIC ENTRANCE OF THE RESTAURANT OR EATING                                    
PLACE;                                                                         
		(2)  REISSUE A RESTAURANT OR EATING PLACE                                   
LICENSE ASEXEMPT ASPROVIDED UNDER THE                                          
PROVISIONS OF THIS SUBSECTION IF THE LICENSE WAS                               
ISSUED UNDER THE PROVISIONS OF AS04.11.400(g); OR                              
		(3)ß  transfer an exempt license issued under this                          
subsection to another person."                                                 
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 2 be adopted.                                                    

1996-04-01                     House Journal                      Page 3520
HB 372                                                                       
Representative Porter objected.                                                
                                                                               
Representative Mulder moved and asked unanimous consent that he be             
allowed to abstain from voting due to a conflict of interest.  Objection       
was heard and Representative Mulder was required to vote.                      
                                                                               
Amendment to Amendment No. 2 was offered  by Representative                     
Davies:                                                                        
                                                                               
Last line of the amendment, following person:                                  
Insert or location                                                        
                                                                               
Representative Davies moved and asked unanimous consent that the               
amendment to Amendment No. 2 be adopted.                                       
                                                                               
Objection was heard.                                                           
                                                                               
Representative Toohey placed a call of the House.                              
                                                                               
The call was satisfied.                                                        
                                                                               
The question being: Shall the amendment to Amendment No. 2 be                  
adopted?  The roll was taken with the following result:                        
                                                                               
CSHB 372(L&C) am--RECONSIDERATION                                              
Second Reading                                                                 
Amendment to Amendment No. 2                                                   
                                                                               
YEAS:  26   NAYS:  11   EXCUSED:  0   ABSENT:  3                             
                                                                               
Yeas:  Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis,               
Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kelly,            
Kott, Long, Mackie, Moses, Mulder, Navarre, Nicholia, Parnell,                 
Robinson, Therriault, Toohey                                                   
                                                                               
Nays:  Kohring, Martin, Masek, Ogan, Phillips, Porter, Rokeberg,               
Sanders, Vezey, Williams, Willis                                               
                                                                               
Absent:  Barnes, Foster, Kubina                                                
                                                                               
And so, the amendment to Amendment No. 2 was adopted.                          
                                                                               

1996-04-01                     House Journal                      Page 3521
HB 372                                                                       
Representatives Mackie and Navarre declared a conflict of interest.            
                                                                               
The question being:  Shall Amendment No. 2 as amended be                       
adopted?  The roll was taken with the following result:                        
                                                                               
CSHB 372(L&C) am--RECONSIDERATION                                              
Second Reading                                                                 
Amendment No. 2 as amended                                                     
                                                                               
YEAS:  20   NAYS:  20   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton,           
Finkelstein, Foster, Grussendorf, James, Kubina, Masek, Moses,                 
Mulder, Navarre, Nicholia, Robinson, Toohey                                    
                                                                               
Nays:  Austerman, Green, Hanley, Ivan, Kelly, Kohring, Kott, Long,             
Mackie, Martin, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders,            
Therriault, Vezey, Williams, Willis                                            
                                                                               
Kott changed from "Yea" to "Nay".                                              
                                                                               
And so, Amendment No. 2 as amended was not adopted.                            
                                                                               
Representative Davies moved and asked unanimous consent that CSHB              
372(L&C) am be returned to second reading for the specific purpose             
of considering Amendment No. 3.                                                
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  Shall CSHB 372(L&C) am be returned to second              
reading for the specific purpose of considering Amendment No. 3?               
The roll was taken with the following result:                                  
                                                                               
CSHB 372(L&C) am--RECONSIDERATION                                              
Third Reading                                                                  
Return to Second for Amendment No. 3                                           
                                                                               
YEAS:  13   NAYS:  27   EXCUSED:  0   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, Navarre, Nicholia, Robinson, Willis                            
                                                                               

1996-04-01                     House Journal                      Page 3522
HB 372                                                                       
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses,                 
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,        
Toohey, Vezey, Williams                                                        
                                                                               
And so, the motion failed.                                                     
                                                                               
The question to be reconsidered:  Shall CSHB 372(L&C) am pass the              
House?  The roll was taken with the following result:                          
                                                                               
CSHB 372(L&C) am--RECONSIDERATION                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  29   NAYS:  11   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Brice, Brown, B.Davis, Elton, Finkelstein, Foster,           
Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long,           
Mackie, Martin, Mulder, Ogan, Parnell, Phillips, Porter, Robinson,             
Rokeberg, Sanders, Therriault, Vezey, Willis                                   
                                                                               
Nays:  Barnes, Bunde, Davies, G.Davis, Kubina, Masek, Moses,                   
Navarre, Nicholia, Toohey, Williams                                            
                                                                               
And so, CSHB 372(L&C) am passed the House on reconsideration.                  
                                                                               
Representative Vezey moved and asked unanimous consent that the                
roll call on the passage of the bill be considered the roll call on the        
effective date clause.  There being no objection, it was so ordered.           
                                                                               
CSHB 372(L&C) am was referred to the Chief Clerk for engrossment.