INITIATIVE PETITION BILL LANGUAGE
by Petition Sponsors

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Petition ID: 01BREW
Initiative to Amend Alcoholic Beverage Licensing

Posted 10/10/01

A BILL

FOR AN ACT ENTITLED

"An Act relating to sales of alcoholic beverages, to alcoholic beverage licenses, and to limits on holding multiple alcoholic beverage licenses."

Be it enacted by the People of the State of Alaska:

*Section 1.
AS 04.11.130(b) is amended to read:

*Section 2. AS 04.11.130 is amended by adding a new subsection to read:

(e) the holder of a brewery license who also holds a beverage dispensary or restaurant or eating place license may not directly sell beer manufactured under that brewery license at more than two premises that are licensed to that same brewery license holder either as a beverage dispensary or as a restaurant or eating place.

*Section 3. AS 04.11.360 is amended to read:

Sec. 04.11.360. Denial of transfer of a license to another person. An application requesting approval of a transfer of a license to another person under this title shall be denied if

  1. the board finds, after review of all relevant information, that transfer of a license to another person would not be in the best interests of the public;

  2. the application has not been completed in accordance with AS 04.11.280;

  3. the application contains false statements of material fact;

  4. the transferor has not paid all debts or taxes arising from the conduct of the business licensed under this title unless

    1. the transferor gives security for the payment of the debts or taxes satisfactory to the creditor or taxing authority; or

    2. the transfer is pursuant to a promise given as collateral by the transferor to the transferee in the course of an earlier transfer of the license under which promise the transferor is obliged to transfer the license back to the transferee in the event of default in payment for property conveyed as part of the earlier transfer of the license;

  5. transfer of the license to another person would result in violation of the provisions of this title relating to identity of licensees and financing of licensees;

  6. transfer of the license to another person would violate the restrictions pertaining to the particular license under this title;

  7. transfer of the license to another person is prohibited under the provisions of this title as a result of an election conducted under AS 04.11.507;

  8. the prospective transferee does not have the qualifications required under this title of an original applicant; or

  9. the license was issued under AS 04.11.100(f)or04.11.400(g) [; OR

  10. THE LICENSE WAS ISSUED UNDER AS 04.11.135, UNLESS THE TRANSFEROR IS ALSO APPLYING TO TRANSFER THE BEVERAGE DISPENSARY LICENSE REQUIRED UNDER AS 04.11.135 TO THE SAME TRANSFEREE].
*Section 4. AS 04.11.450(b) is amended to read:

(b) a person who is a representative or owner of a wholesale business, [BREWERY, WINERY,] bottling works, or distillery may not be issued, solely or together with others, a beverage dispensary license, a restaurant or eating place license, or a package store license. A person who is a representative or owner of a brewery or winery may not be issued, solely or together with others, a package store license. A holder of a brewery or winery [BEVERAGE DISPENSARY] license may be issued a beverage dispensary or restaurant or eating place [BREWPUB] license, subject to the provisions of AS 04.11.130 and AS 04.11.140 [AS 04.11.135. THE PROHIBITION AGAINST ISSUANCE OF A RESTAURANT OR EATING PLACE LICENSE IMPOSED UNDER THIS SUBSECTION DOES NOT APPLY TO A RESTAURANT OR EATING PLACE LICENSE ISSUED ON OR BEFORE OCTOBER 1,1996, OR A RESTAURANT OR EATING PLACE LICENSE ISSUED UNDER ANY APPLICATION FOR A RESTAURANT OR EATING PLACE LICENSE APPROVED ON OR BEFORE OCTOBER 1, 1996].

*Section 5. AS 04.11.080(19) and 04.11.135 are repealed.

*Section 6. The uncodified law of the State of Alaska is amended by adding a new section to read:

TRANSITION. The Alcoholic Beverage Control Board shall issue a brewery license to every holder of a brewpub license on the effective date of this Act. The brewery license shall be valid for the same time period as the brewpub license replaced by this Act and is subject to renewal and expiration as provided under AS 04.11.540.