Alaska Stat. § 04.16.110 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.110
Sale of certain alcoholic beverages prohibited.
Status: in_force

(a) A person may not sell an alcoholic beverage if it (1) is intended for human consumption and is in powdered form; or

(2) contains more than 76 percent alcohol by volume.

(b) A person who knowingly sells an alcoholic beverage in violation of (a) of this section commits the crime of sale of a prohibited alcoholic beverage.

(c) Sale of a prohibited alcoholic beverage is a class A misdemeanor.
Alaska Stat. § 04.09.270 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.270
Sporting activity or event license.
Status: in_force

(a) A sporting activity or event license authorizes the holder to sell brewed beverages and wine at multiple noncontiguous locations at a sporting activity or event site during and one hour before and after a sporting activity or event that is not a school activity or event, for consumption on designated areas at the sporting activity or event site.

(b) The biennial sporting activity or event license fee is $1,250.

(c) [See delayed repeal note] The holder, on December 31, 2023, of a recreational site license issued under former AS 04.11.210 who offered brewed beverages and wine for sale to the public for consumption on the licensed premises may continue to offer brewed beverages and wine for sale to the public for consumption on the premises until December 31, 2027, for a license renewing on an odd-numbered year, or December 31, 2028, for a license renewing on an even- numbered year, if the holder of the license is otherwise in compliance with the requirements of this title as it read on December 31, 2023.

(d) In this section, sporting activity or event site includes a location where baseball, hockey, rugby, soccer, or football games, car races, dog sled racing events, rodeos, skiing and snowboarding activities, bowling games or leagues, or curling matches are regularly held.

(e) The holder of a sporting activity or event license who sells brewed beverages or wine off the licensed premises or during hours not authorized under (a) of this section or who permits consumption off the premises of brewed beverages or wine sold on the premises commits the offense of unauthorized sporting activity or event activity.

(f) Unauthorized sporting activity or event activity is a violation.
Alaska Stat. § 04.11.590 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.590
Disposition of money.
Status: in_force

(a) Money collected from licenses, endorsements, permits, and civil fines under this title shall be transferred by the board to the Department of Commerce, Community, and Economic Development and deposited in the general fund.

(b) A fee prescribed by the board in addition to fees authorized under this title shall be transferred to the Department of Commerce, Community, and Economic Development and deposited in the general fund.

(c) The annual estimated balance in the account maintained by the commissioner of administration under AS 37.05.142 may be used by the legislature to make appropriations to the Department of Commerce, Community, and Economic Development to carry out the purposes of AS 04.06 .
Alaska Stat. § 04.11.610 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.610
Allocation to municipalities.
Status: in_force

(a) An amount equal to the sum of the biennial license fees, excluding annual wholesale fees and biennial wholesale license fees, collected within a municipality shall be allocated semi-annually to the municipality.

(b) If the officers of a municipality fail to actively enforce local ordinances, this title, laws of the United States and the state, and the regulations relating to the manufacture and sale of alcoholic beverages in the state, or fail to provide the director with a report of contacts with licensed establishments, educational activities concerning this title and local ordinances, and violations of this title occurring in the municipality, at the time and in the format as may be required by regulation adopted by the board, the commissioner of commerce, community, and economic development may deny the allocation provided for under (a) of this section until the board finds the enforcement of the ordinances, laws, and regulations is resumed or the report is provided.

(c) The Department of Commerce, Community, and Economic Development shall recover any funds erroneously allocated under (a) of this section. The Department of Commerce, Community, and Economic Development shall schedule repayments of erroneously allocated funds over a sufficient period of time to minimize financial hardship to the municipality involved.
Alaska Stat. § 04.09.060 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.060
Unlicensed manufacturing.
Status: in_force

(a) A person commits the crime of unlicensed manufacturing if the person knowingly operates a (1) brewery without a brewery manufacturer license;

(2) winery without a winery manufacturer license; or

(3) distillery without a distillery manufacturer license.

(b) Unlicensed manufacturing is a class A misdemeanor.
Alaska Stat. § 04.16.130 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.130
Stock confined to licensed premises.
Status: in_force

(a) Unless authorized under AS 04.21.060 , a licensee may not store before sale any alcoholic beverages elsewhere than on the premises indicated on the license.

(b) This section does not apply to stocks of beer carried on a delivery truck by a licensed wholesaler if carried for the purpose of sale and delivery to persons licensed under this title in quantities of not less than 10 gallons for each sale.

(c) A person who violates this section commits the offense of unauthorized storage of alcoholic beverages.

(d) Unauthorized storage of alcoholic beverages is a violation.
Alaska Stat. § 04.09.300 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.300
Golf course license.
Status: in_force

(a) A golf course license authorizes the holder to sell brewed beverages and wine for consumption on the licensed premises.

(b) The biennial golf course license fee is $1,250.

(c) An application for a golf course license must include (1) a drawing of the golf course with an annotated illustration and description of the portions of the course that are intended to be licensed premises; and

(2) a sample food menu.

(d) The board may not approve an application for transfer of a golf course license to another location.

(e) The holder of a golf course license shall make food similar to that listed in the sample menu available during times when brewed beverages and wine are sold, served, and consumed on the licensed premises.

(f) The holder of a golf course license may not allow a person other than the holder or an agent or employee of the holder, in the regular course of employment, to bring alcoholic beverages onto the licensed premises or other portions of the course for consumption.

(g) In this section, licensed premises includes the golf course, a driving range, a club house, and other buildings located on the course, and a vending cart carrying beverages or food to, from, or on the course, and does not include the parking lot.

(h) The holder of a golf course license commits the offense of failure to comply with the terms of a golf course license if the person sells brewed beverages or wine in violation of this section or violates (e) or (f) of this section.

(i) Failure to comply with the terms of a golf course license is a violation.
Alaska Stat. § 04.09.250 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.250
Theater license.
Status: in_force

(a) A theater license authorizes the holder of a beverage dispensary license or a restaurant or eating place license to sell alcoholic beverages for consumption on licensed premises at a specified theater site, except that a restaurant or eating place licensee with a theater license may only sell brewed beverages and wine.

(b) The biennial theater license fee is $1,250.

(c) The holder of a theater license may sell or serve alcoholic beverages only in designated areas on the licensed premises and only for one hour before the event and during intermissions.

(d) The holder of a theater license may not sell, serve, or permit the consumption of alcoholic beverages in the audience viewing area.

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

(f) The board may not approve an application for transfer of a theater license to another location.

(g) In this section, theater means a location where events, including plays, operas, orchestra concerts, readings, and similar activities as determined by the board, are presented by live performers on a stage.

(h) A person commits the offense of failure to comply with the terms of a theater license if the person sells, serves, or permits the consumption of alcoholic beverages except as permitted in this section or fails to post the license as required by this section.

(i) Failure to comply with the terms of a theater license is a violation.
Alaska Stat. § 04.06.070 — AK Code / Title 4 / Chapter 04.06 / Section 04.06.070
Appointment and removal of director.
Status: in_force

The governor shall appoint a director to serve as the executive officer of the board and the Marijuana Control Board created under AS 17.38.080 . The director may be removed by a majority vote of the full membership of the board and a majority vote of the full membership of the Marijuana Control Board. The governor may remove the director for misconduct, misfeasance, or malfeasance in office. The governor may not remove the director unless the director is given a copy of the charges and afforded an opportunity to be publicly heard, in person or by counsel, in defense against the charges upon at least 10 days' notice. If the director is removed for cause, the governor shall file with the lieutenant governor a complete statement of all charges made against the director and the findings based on the charges, together with a complete record of any hearing.
Alaska Stat. § 04.16.020 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.020
Solicitation of alcoholic beverages; purchase on behalf of another.
Status: in_force

(a) A person may not pay or receive from another a salary, percentage, or commission to solicit or encourage a patron of licensed premises to purchase alcoholic or other beverages for a person other than the patron.

(b) A licensee, an agent, or employee may not knowingly permit a person to loiter within or about premises licensed under this title for the purpose of begging or soliciting a patron or visitor to purchase alcoholic or other beverages for the person who is begging or soliciting.

(c) A person may not purchase alcohol by written order on behalf of another person who resides in a municipality or established village that has adopted a local option under AS 04.11.491 (a)(5) or (b)(4).

(d) A person who violates a provision of this section commits the offense of unauthorized solicitation or purchase of alcoholic beverages.

(e) Unauthorized solicitation or purchase of alcoholic beverages is a violation and is punishable by a fine of $100.
Alaska Stat. § 04.21.070 — AK Code / Title 4 / Chapter 04.21 / Section 04.21.070
Enforcement.
Status: in_force

Peace officers shall investigate and report to the board violations of this title.
Alaska Stat. § 04.11.020 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.020
Exceptions: License or permit not required.
Status: in_force

(a) A license or permit is not required to authorize sales made by a person under a judgment and decree of foreclosure, under the bankruptcy law of the United States, or under order of the board or a court under AS 04.16.220 .

(b) A license or permit is not required to serve alcoholic beverages in exchange for valuable contributions at a private gathering of a bona fide group of co-workers or of a professional, social, or fraternal organization if equal contributions are made by all in attendance and only the amount required to purchase the alcoholic beverages is contributed. All other applicable provisions of this title and regulations under this title shall be observed at these private gatherings.
Alaska Stat. § 04.11.400 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.400
Population limitations.
Status: reserved

(a) Except as provided in (f), (i), and (k) of this section and AS 04.11.405 , a new license may not be issued and the board may prohibit relocation of an existing license (1) outside an established village, incorporated city, unified municipality, or organized borough if, after the issuance or relocation, in a radius of five miles of the licensed premises, excluding the populations of established villages, incorporated cities, unified municipalities, and organized boroughs that are wholly or partly included within the radius, there would be (A) more than one restaurant or eating place license for each 1,500 population or fraction of that population;

(B) more than one brewery retail, one winery retail, and one distillery retail license for each 9,000 population or fraction of that population; or

(C) more than one license of each other type, except a type listed in (i) of this section, for each 3,000 population or fraction of that population;

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

(B) more than one brewery retail, one winery retail, and one distillery retail license for each 9,000 population or fraction of that population; or

(C) more than one license of each other type, except a type listed in (i) of this section, for each 3,000 population or fraction of that population;

(3) inside an organized borough but outside an established village or incorporated city located within the borough if, after the issuance or relocation, there would be inside the borough, but outside the established villages and incorporated cities located within the borough, excluding the population of those established villages that have adopted a local option under AS 04.11.491 (b)(1) or (3), and excluding the population of incorporated cities located within the organized borough, (A) more than one restaurant or eating place license for each 1,500 population or fraction of that population;

(B) more than one brewery retail, one winery retail, and one distillery retail license for each 9,000 population or fraction of that population; or

(C) more than one license of each other type, except a type listed in (i) of this section, for each 3,000 population or fraction of that population.

(b) If the radius described in (a)(1) of this section encompasses all of an established village, incorporated city, or unified municipality and the population resident inside and outside the established village, incorporated city, or unified municipality but inside the radius described in (a)(1) of the section is less than 3,000, the board may deny the issuance or relocation of the license.

(c) [Repealed, § 88 ch 74 SLA 1985.] (d) [Repealed, § 164 ch 8 SLA 2022.] (e) [Repealed, § 165 ch 8 SLA 2022.] (f) An application requesting a transfer of location of licensed premises limited under (a) or (b) of this section shall be granted without regard to (a) of this section if the new location is less than one mile from the original location and (1) no ground for denial exists under AS 04.11.340 (1) or (3); and

(2) relocation of the licensed premises is necessary due to (A) termination of a lease or rental agreement;

(B) condemnation of the premises;

(C) the substantial destruction of the premises by any cause.

(g) [Repealed, § 165 ch 8 SLA 2022.] (h) [Repealed, § 164 ch 8 SLA 2022.] (i) This section does not apply to a (1) brewery manufacturer license issued under AS 04.09.020 ;

(2) winery manufacturer license issued under AS 04.09.030 ;

(3) distillery manufacturer license issued under AS 04.09.040 ;

(4) general wholesale license issued under AS 04.09.100 ;

(5) limited wholesale brewed beverage and wine license issued under AS 04.09.110 ;

(6) outdoor recreation lodge license issued under AS 04.09.280 ;

(7) destination resort license issued under AS 04.09.310 ;

(8) beverage dispensary tourism license issued under AS 04.09.350 ;

(9) seasonal restaurant or eating place tourism license issued under AS 04.09.360 ;

(10) manufacturer direct shipment license issued under AS 04.09.370 ;

(11) conditional contractor's permit issued under AS 04.09.710 .

(j) [Repealed, § 164 ch 8 SLA 2022.] (k) The board may allow the relocation of an existing beverage dispensary license under AS 04.09.200 or former AS 04.11.090 to a restaurant, eating place, or hotel, motel, resort, or similar business that contains a restaurant or eating place, an existing package store license under AS 04.09.230 or former AS 04.11.150 , an existing brewery retail license under AS 04.09.320 , an existing winery retail license under AS 04.09.330 , or an existing distillery retail license under AS 04.09.340 in a borough with a population of 50,000 or more into or within an incorporated city in the borough. The board may not approve the relocation unless, at the time of application, the existing number of issued licenses of the type under consideration for relocation located within the borough exceeds the maximum allowed under (a) of this section and the governing bodies of both the borough and the incorporated city approve the relocation. The board may allow not more than three relocations into each city under this subsection each decade. In this subsection, decade means each 10-year period beginning April 1 in a year ending in zero.

(l) In (a)(1) of this section, population includes only those persons residing inside the radius not later than the date the application is received by the board and not earlier than 60 days before the application is received by the board.

(m) In (a)(2) and (3) of this section, population includes only those persons residing inside the established village, incorporated city, unified municipality, or organized borough as of December 31 of the year preceding the date of application.

(n) In this section radius means the circular area or distance limited by the sweep of a straight line originating at the proposed licensed premises and extending outward.
Alaska Stat. § 04.16.170 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.170
Source of alcoholic beverages.
Status: in_force

(a) Alcoholic beverages for consumption by the purchaser may not be sold unless obtained from a person licensed under this title.

(b) A person transporting alcoholic beverages into the state may not sell those alcoholic beverages to a person not licensed under this title, unless the alcoholic beverages are used for religious, industrial, pharmaceutical, or medical purposes, or as allowed under AS 04.09.370 .

(c) A licensee who knowingly violates (a) or (b) of this section commits the crime of sale of alcoholic beverages from or to an unlicensed person.

(d) Sale of alcoholic beverages from or to an unlicensed person is a class A misdemeanor.
Alaska Stat. § 04.16.052 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.052
Furnishing of alcoholic beverages to persons under the age of 21 by licensees.
Status: in_force

(a) A licensee or an agent or employee of the licensee may not with criminal negligence (1) allow another person to sell, barter, or give an alcoholic beverage to a person under the age of 21 years within licensed premises;

(2) allow a person under the age of 21 years to enter and remain within licensed premises except as provided in AS 04.16.049 ;

(3) allow a person under the age of 21 years to consume an alcoholic beverage within licensed premises;

(4) allow a person under the age of 21 years to sell or serve alcoholic beverages;

(5) while working on licensed premises, furnish or deliver alcoholic beverages to a person under the age of 21 years.

(b) The holder of a license is strictly liable for an offense committed under (a) of this section by an employee or agent of the licensee on the licensed premises, punishable by an administrative penalty of $250. Notwithstanding AS 04.11.370 (a)(4) and (5) and AS 04.16.180 (b)(1), the board may not order suspension of the license for the first violation committed on the licensed premises under this section.

(c) A person who violates (a) of this section commits the offense of licensee, employee, or agent furnishing alcohol to a minor.

(d) Licensee, employee, or agent furnishing alcohol to a minor is a violation and is punishable by a fine of $500.

(e) A licensee who knowingly allows an agent or employee of the licensee to commit the offense of licensee, employee, or agent furnishing alcohol to a minor under (c) of this section commits the crime of failure to ensure compliance relating to furnishing alcohol to a minor.

(f) Failure to ensure compliance relating to furnishing alcohol to a minor is a class A misdemeanor.
Alaska Stat. § 04.09.430 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.430
Hotel or motel endorsement.
Status: in_force

(a) A hotel or motel endorsement authorizes the holder of a beverage dispensary license or a beverage dispensary tourism license that is a hotel, motel, resort, or similar business premises that caters to the traveling public as a substantial part of its business to sell or serve alcoholic beverages on the licensed premises, including in a dining room, banquet room, and other public areas approved by the board, and in guest rooms.

(b) The biennial fee for a hotel or motel endorsement is $200.

(c) The holder of a beverage dispensary license or a beverage dispensary tourism license that is a hotel, motel, resort, or similar business premises that caters to the traveling public as a substantial part of its business shall apply for a multiple fixed counter endorsement under AS 04.09.420 to sell or serve alcoholic beverages at a secondary location located in a building different than the licensed premises for the beverage dispensary license or a beverage dispensary tourism license if the different building (1) is located on the same property as, adjacent to, or attached to the originally licensed premises;

(2) principally caters to guests of the hotel or motel; and

(3) principally encourages the tourism trade at the hotel or motel.

(d) The holder of a hotel or motel endorsement may stock alcoholic beverages in guest rooms, for sale and consumption only in the guest room. Alcoholic beverages stocked under this subsection must be stocked by an employee who is 21 years of age or older, may not be supplied or resupplied during hours that the sale of alcoholic beverages is prohibited as provided under AS 04.16.010 (a) and (d), and must be stored in a unit using a key or combination lock system within the guest room. A key lock system must be designed to prevent the removal of the key unless the unit is locked. Except for the licensee, or an agent or employee of the licensee, a key or combination enabling a person to obtain alcoholic beverages stocked in a guest room may be provided only to a guest who occupies the room and who is 21 years of age or older.

(e) The holder of a hotel or motel endorsement shall exercise control over conduct of the business in all areas of the licensed premises.

(f) The holder of a beverage dispensary license or a beverage dispensary tourism license who engages in activity under this section without an endorsement under this section commits the offense of unendorsed hotel or motel service.

(g) The holder of a hotel or motel endorsement who fails to comply with the requirements of this section commits the offense of hotel or motel endorsement noncompliance.

(h) Unendorsed hotel or motel service is a violation and is punishable by a fine of $500.

(i) Hotel or motel endorsement noncompliance is a violation.
Alaska Stat. § 04.09.680 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.680
Package store tasting event permit.
Status: in_force

(a) A package store tasting event permit authorizes the holder of a package store license to sell or dispense alcoholic beverages at a tasting event held on the licensed premises, or unlicensed areas of the property where the package store is located, excluding the parking lot.

(b) A tasting event must be for the purpose of promoting products available for purchase from the package store licensee; only products sold by the package store licensee may be sold or dispensed at the event.

(c) The director may issue a package store tasting event permit only for a specific tasting event at premises designated in the application for a limited period specified in the application.

(d) The director may not issue more than six package store tasting event permits in a calendar year to a package store licensee. If a person holds two or more package store licenses, then the director shall treat each license as separate and distinct when applying the limitation under this subsection, regardless of how many other licenses the person holds, wholly or in part.

(e) The director may not issue a package store tasting event permit for a period that (1) is longer than four hours;

(2) ends later than 9:00 p.m.

(f) Food must be provided in conjunction with the service of alcoholic beverages under a package store tasting event permit.
Alaska Stat. § 04.11.370 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.370
Suspension and revocation of licenses and permits.
Status: in_force

(a) A license, endorsement, or permit shall be suspended or revoked if the board finds (1) misrepresentation of a material fact on an application made under this title or a regulation adopted under this title;

(2) continuation of the manufacture, sale, or service of alcoholic beverages by the licensee or permittee would be contrary to the best interests of the public;

(3) failure on the part of the licensee to correct a defect that constitutes a violation of this title, a condition or restriction imposed by the board, a regulation adopted under this title, or other laws after receipt of notice issued by the board or its agent;

(4) conviction of a licensee of a violation of this title, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010 ;

(5) conviction of an agent or employee of a licensee of a violation of this title, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010 , if the licensee is found by the board to have either knowingly allowed the violation or to have recklessly or with criminal negligence failed to act in accordance with the duty prescribed under AS 04.21.030 with the result that the agent or employee violates a law, regulation, or ordinance;

(6) failure of the licensee to comply with the public health, fire, or safety laws and regulations in the state;

(7) use of the licensed premises as a resort for illegal possessors or users of narcotics, prostitutes, or sex traffickers; in addition to any other legally competent evidence, the character of the premises may be proved by the general reputation of the premises in the community as a resort for illegal possessors or users of narcotics, prostitutes, or sex traffickers;

(8) occurrence of illegal gambling within the limits of the licensed premises;

(9) the licensee permitted a public offense involving moral turpitude to occur on the licensed premises;

(10) violation by a licensee of this title, a condition or restriction imposed by the board, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010 ; or

(11) violation by an agent or employee of a licensee of a provision of this title, a condition or restriction imposed by the board, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010 , if the licensee is found by the board to have either knowingly allowed the violation or to have recklessly or with criminal negligence failed to act in accordance with the duty prescribed under AS 04.21.030 with the result that the agent or employee violates the law, condition or restriction, regulation, or ordinance.

(b) If the board finds that a licensee or permittee has been convicted of a violation of a criminal law related to gambling under AS 11.66.200  11.66.280, the board shall suspend the license or permit for a period of at least six months if the offense is the person's first conviction or violation and shall revoke the license or permit if the offense is the person's second or subsequent conviction or violation.

(c) If the board receives notice from the Department of Revenue that a licensee or permittee has violated a provision of AS 05.15 related to gambling, the board (1) may suspend the license or permit; and

(2) shall suspend the license or permit for a period of at least 30 days if the offense is the person's second or subsequent violation of AS 05.15 related to gambling.

Article 5. Restrictions on Issuance and Transfer of Licenses.
Alaska Stat. § 04.16.200 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.200
Penalties for violations of AS 04.11.010 and 04.11.499.
Status: in_force

(a) Except as provided under (b) of this section, a person who violates AS 04.11.010 is, upon conviction, guilty of a class A misdemeanor.

(b) A person who violates AS 04.11.010 in an area that has adopted a local option under AS 04.11.491 is, upon conviction, guilty of a class C felony.

(c) It is an affirmative defense to a prosecution under (a) of this section that no profit was involved in the solicitation or receipt of an order for the delivery of an alcoholic beverage. However, the affirmative defense created under this subsection is not available in a prosecution of a person charged with selling or offering for sale alcoholic beverages to a person under 21 years of age.

(d) Upon conviction of a person of a violation under (a) of this section, the court shall impose a minimum sentence of imprisonment of not less than 10 consecutive days. The execution of the sentence may not be suspended and probation or parole may not be granted until the minimum imprisonment provided in this subsection has been served. Imposition of sentence may not be suspended except upon the condition that the defendant be imprisoned for no less than the minimum period provided in this subsection.

(e) A person who sends, transports, or brings alcoholic beverages into a municipality or established village in violation of AS 04.11.499 (a) is, upon conviction, (1) except as provided in (3) of this subsection, guilty of a class A misdemeanor if the quantity of alcoholic beverages is less than 10 and one-half liters of distilled spirits or 24 liters of wine, or either a half-keg of malt beverages or 12 gallons of malt beverages in individual containers;

(2) guilty of a class C felony if the quantity of alcoholic beverages is 10 and one-half liters or more of distilled spirits or 24 liters or more of wine, or either a half-keg of malt beverages or 12 gallons or more of malt beverages in individual containers; or

(3) guilty of a class C felony if the quantity of alcoholic beverages is less than 10 and one-half liters of distilled spirits or 24 liters of wine, or either a half-keg of malt beverages or 12 gallons of malt beverages in individual containers and the person has been previously convicted under this subsection or (b) of this section two or more times within 15 years of the date of the present offense.

(f) A person who purchases alcohol in violation of AS 04.11.499 (b) is guilty of a class A misdemeanor.

(g) Upon conviction of a class A misdemeanor under (e)(1) of this section, the court (1) shall impose a minimum sentence of imprisonment of (A) not less than 72 consecutive hours and a fine of not less than $1,500 if the person has not been previously convicted;

(B) not less than 20 days and a fine of not less than $3,000 if the person has been previously convicted once;

(C) not less than 60 days and a fine of not less than $4,000 if the person has been previously convicted twice and is not subject to punishment under (h) of this section;

(D) not less than 120 days and a fine of not less than $5,000 if the person has been previously convicted three times and is not subject to punishment under (h) of this section;

(E) not less than 240 days and a fine of not less than $6,000 if the person has been previously convicted four times and is not subject to punishment under (h) of this section;

(F) not less than 360 days and a fine of not less than $7,000 if the person has been previously convicted more than four times and is not subject to punishment under (h) of this section;

(2) may not (A) suspend execution of sentence or grant probation except on the condition that the person (i) serve the minimum imprisonment under (1) of this subsection; and

(ii) pay the minimum fine required under (1) of this subsection; or

(B) suspend imposition of sentence.

(h) Upon conviction of a class C felony under (b) or (e)(2) or (3) of this section, the court (1) shall impose a fine of not less than $10,000 and a minimum sentence of imprisonment of (A) 120 days if the person has not been previously convicted;

(B) 240 days if the person has been previously convicted once;

(C) 360 days if the person has been previously convicted two or more times;

(2) may not (A) suspend execution of sentence or grant probation except on the condition that the person (i) serve the minimum imprisonment under (1) of this subsection; and

(ii) pay the minimum fine required under (1) of this subsection; or

(B) suspend imposition of sentence.

(i) In (g) of this section, previously convicted means having been convicted, within the 15 years preceding the date of the present offense, of an offense under (b) or (e) of this section or a law or ordinance of another jurisdiction having elements similar to those offenses.

(j) In (h) of this section, previously convicted means having been convicted, within the 15 years preceding the date of the present offense, of a felony offense under (b) or (e) of this section or a law or ordinance of another jurisdiction having elements similar to those felony offenses.

(k) The court shall consider the date of a previous conviction as occurring on the date that sentence is imposed for the prior offense.
Alaska Stat. § 04.09.640 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.640
Art exhibit event permit.
Status: in_force

(a) An art exhibit event permit authorizes the holder of a beverage dispensary license, a beverage dispensary tourism license, a restaurant or eating place license, or a seasonal restaurant or eating place tourism license to sell and serve brewed beverages and wine for consumption at a specific art exhibit event.

(b) The director may issue an art exhibit event permit only for a specific art exhibit event at premises designated in the application, for a limited period specified in the application.

(c) The director may not grant more than 12 art exhibit event permits to a licensee in a calendar year.

(d) An art exhibit event permit may not be exercised during an event that is expected to attract attendees under 21 years of age.

(e) Food must be provided in conjunction with the service of brewed beverages and wine under an art exhibit event permit.
Alaska Stat. § 04.09.630 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.630
Club caterer's permit.
Status: in_force

(a) A club caterer's permit authorizes the holder of a club license to sell or dispense alcoholic beverages at an event held off the club's licensed premises.

(b) The application for a club caterer's permit filed under AS 04.11.260 must be signed by two officers of the organization.

(c) A restriction or prohibition under AS 04.09.220 regarding a club member or a guest of a club member applies at the premises covered by the permit.

(d) The director may not issue more than three club caterer's permits to the holder of a club license in a calendar year.
Alaska Stat. § 04.21.076 — AK Code / Title 4 / Chapter 04.21 / Section 04.21.076
076 Suspension of fine or sentence.
Status: in_force

The court may not suspend a fine for an offense other than a misdemeanor or felony under this title, or suspend imposition or execution of sentence for an offense other than a misdemeanor or felony under this title, unless otherwise expressly provided in this title.
Alaska Stat. § 04.09.360 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.360
Seasonal restaurant or eating place tourism license.
Status: in_force

(a) A seasonal restaurant or eating place tourism license authorizes a restaurant or eating place to (1) sell brewed beverages and wine for consumption only on the licensed premises for a period not to exceed six months in each calendar year; and

(2) allow a person (A) under 21 years of age access as provided in (f) of this section to the licensed premises; and

(B) to enter or remain on the licensed premises to consume food or nonalcoholic beverages as authorized under AS 04.16.010 (c)(5).

(b) The biennial seasonal restaurant or eating place tourism license fee is $1,250.00

(c) The board may issue or renew a license under this section only if (1) the board determines that (A) the licensed premises is a bona fide restaurant as defined in AS 04.21.080 (b);

(B) there is supervision on the premises adequate to reasonably ensure that a person under 21 years of age will not obtain alcoholic beverages; and

(C) it is unlikely that persons under 21 years of age not employed on the premises will enter and remain on the licensed premises for purposes other than dining; and

(2) the sale and service of food and alcoholic beverages and any other business conducted on the licensed premises of the restaurant or eating place is under the sole control of the licensee.

(d) The board may issue a license under this section only in a municipality or established village that (1) has a population of 40,000 or less; and

(2) receives more than 4,000 visitors a year, as determined by the board in regulation.

(e) The board may issue a license or approve an application for the transfer of ownership of a license under this section if it appears that issuance or transfer will encourage the tourism trade.

(f) The board may authorize the holder of a seasonal restaurant or eating place tourism license (1) to allow a person who is at least 16 years of age but under 21 years of age to enter and remain on the licensed premises for dining only;

(2) to allow a person who is under 16 years of age to enter and remain on the licensed premises for dining only if (A) the person is accompanied by a person who is 21 years of age or older; and

(B) the parent or guardian of the person consents to the person being on the licensed premises; and

(3) subject to AS 04.16.049 , to employ or permit the employment of a person who is at least 16 years of age but under 21 years of age on the licensed premises if the employer provides adequate supervision to ensure that the person does not obtain alcoholic beverages.

(g) The holder of a seasonal restaurant or eating place tourism license shall ensure that gross receipts from the sale of food for consumption on the licensed premises are not less than the total of the gross receipts from the sale of alcoholic beverages for consumption on the licensed premises in each calendar year. At the time the holder submits an application for renewal of the license, the holder shall submit a statement to the board certifying that the holder has met the requirement under this subsection for the designated period of the license under AS 04.11.680 . The board may renew a seasonal restaurant or eating place tourism license only if the licensee provides evidence satisfactory to the board that, during the designated period of the license under AS 04.11.680 , the gross receipts from the sale of food for consumption on the licensed premises were not less than the total of the gross receipts from the sale of alcoholic beverages for consumption on the licensed premises.

(h) The board shall adopt a regulation establishing a formula to limit the number of seasonal restaurant or eating place tourism licenses.

(i) The holder of a seasonal restaurant or eating place tourism license may provide entertainment on or adjacent to the licensed premises only between the hours of 10:00 a.m. and 11:00 p.m. unless additional hours are approved by the director upon the written request of the licensee for a specific occasion. The director may not grant approval for additional hours of entertainment on or adjacent to the licensed premises of an individual licensee more than three times in a calendar year. In this subsection, entertainment includes dancing, karaoke, live performances, or similar activities, but does not include recorded or broadcast performances without live participation.

(j) Except as provided under AS 04.09.620 , 04.09.640, and AS 04.16.120 (c), the holder of a seasonal restaurant or eating place tourism license commits the offense of failure to comply with the terms of a seasonal restaurant or eating place tourism license if the person sells brewed beverages or wine in violation of (a) of this section, engages in activity not authorized by the board under (f) of this section, or fails to comply with the requirements of (f), (g), or (i) of this section.

(k) Failure to comply with the terms of a seasonal restaurant or eating place tourism license is a violation.
Alaska Stat. § 04.11.509 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.509
Notice of the results of a local option election.
Status: in_force

(a) If a majority of the voters vote to prohibit, change, or remove a local option under AS 04.11.491  04.11.495, the clerk of the municipality, or, if the election is in an established village, the lieutenant governor shall notify the board of the results of the election immediately after the results are certified. The board shall immediately notify the Department of Law and the Department of Public Safety of the results of the election.

(b) If a majority of the voters vote to prohibit the importation or possession of alcoholic beverages under AS 04.11.491 (a)(4) or (5) or (b)(3) or (4), the following actions in addition to those prescribed in (a) of this section shall be taken before the date the prohibition becomes effective: (1) the board shall notify, by certified mail, all package store licensees who sell alcoholic beverages in response to a written solicitation of the local option; and

(2) the municipality or established village shall post public notice of the prohibition in a central location in the municipality or village.

Article 7. Board Procedures.
Alaska Stat. § 04.11.680 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.680
Duration of licenses, endorsements, and permits.
Status: in_force

(a) Upon application, the board may issue a seasonal license under this title that is effective for the intervals stated on the license. Otherwise, a license or endorsement issued under this title and a conditional contractor's permit issued under AS 04.09.690 is effective for the two calendar years ending December 31, unless a shorter period is prescribed by the board or by law.

(b) A permit issued under this title shall be for a specific time period. The period shall be clearly designated on the permit.
Alaska Stat. § 04.11.060 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.060
Nonresident distiller, brewer, winery, or wholesaler.
Status: in_force

(a) A distiller, brewer, winery, or wholesaler whose plant or principal place of business is outside the state may not sell products directly to licensees in the state without (1) obtaining a general wholesale license under AS 04.09.100 for each wholesale distributing point in the state;

(2) appointing an agent upon whom process can be served; and

(3) obtaining other applicable licenses under the provisions of this title.

(b) A person who violates (a) of this section is guilty of a class A misdemeanor.
Alaska Stat. § 04.11.480 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.480
Protest.
Status: in_force

(a) A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license, issuance, renewal, or transfer to another person of a license with one or more endorsements, or issuance of an endorsement by sending the board and the applicant a protest and the reasons for the protest within 60 days of the date of the notice of filing of the application. A protest received after the 60-day period may not be accepted by the board, and in no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. The local governing body may protest the continued operation of a license or endorsement during the second year of the biennial license period by sending the board and the licensee a protest and the reasons for the protest by January 31 of the second year of the license. The procedures for action on a protest of continued operation of a license or endorsement are the same as the procedures for action on a protest of a renewal application. The board shall consider a protest and testimony received at a hearing conducted under AS 04.11.510 (b)(2) or (4) when it considers the application or continued operation, and the protest and the record of the hearing conducted under AS 04.11.510 (b)(2) or (4) shall be kept as part of the board's permanent record of its review. If an application or continued operation is protested, the board shall deny the application or continued operation unless the board finds that the protest is arbitrary, capricious, or unreasonable.

(b) If the permanent residents residing outside of but within two miles of an incorporated city or an established village wish to protest the issuance, renewal, or transfer of a license or a license with one or more endorsements within the city or village, they shall file with the board a petition meeting the requirements of AS 04.11.510 (b)(3) requesting a public hearing not later than 30 days after the posting of notice required under AS 04.11.310 , or by December 31 of the year application is made for renewal of a license. The board shall consider testimony received at a hearing conducted under AS 04.11.510 (b)(3) when it considers the application, and the record of a hearing conducted under AS 04.11.510 (b)(3) shall be retained as part of the board's permanent record of its review of the application.

(c) A local governing body may recommend that a license be issued, renewed, relocated, or transferred, or that a license with one or more endorsements be issued, renewed, or transferred to another person, with conditions. The board shall consider recommended conditions and testimony received at a hearing conducted under AS 04.11.510 (b)(2) or (4) when it considers the application or continued operation, and the recommended conditions and the record of the hearing conducted under AS 04.11.510 (b)(2) or (4) shall be kept as part of the board's permanent record of its review. If the local governing body recommends conditions, the board shall impose the recommended conditions unless the board finds that the recommended conditions are arbitrary, capricious, or unreasonable. If a condition recommended by a local governing body is imposed on a licensee, the local governing body shall assume responsibility for monitoring compliance with the condition, except as otherwise provided by the board.

(d) In addition to the right to protest under (a) of this section, a local governing body may notify the board that the local governing body has determined that a licensee has violated a provision of this title or a condition imposed on the licensee by the board. Unless the board finds that the local governing body's determination is arbitrary, capricious, or unreasonable, the board shall prepare the determination as an accusation against the licensee under AS 44.62.360 and conduct proceedings to resolve the matter as described under AS 04.11.510 (c).

(e) If the location or proposed location of a license is within the boundaries of more than one local government, each local governing body may protest the issuance, renewal, relocation, or transfer of a license.
Alaska Stat. § 04.11.010 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.010
License or permit required; presumption concerning possession for sale.
Status: in_force

(a) Except as provided in AS 04.11.020 , a person may not knowingly (1) possess for barter, traffic in, or barter an alcoholic beverage unless under license or permit issued under this title; or

(2) manufacture an alcoholic beverage, sell an alcoholic beverage, offer an alcoholic beverage for sale, or possess an alcoholic beverage for sale in an area that has adopted a local option under AS 04.11.491 unless under license or permit issued under this title.

(b) Except as provided in this subsection, a person may not solicit or receive orders for the delivery of an alcoholic beverage in an area that has adopted a local option under AS 04.11.491 . If the area has adopted a local option under AS 04.11.491 (a)(1), (2), or (3) or (b)(1) or (2), a package store licensee outside of that local option area may receive orders as provided under a package store shipping endorsement under AS 04.09.460 but may not solicit in that area or receive orders through an agent or employee in that area. This subsection does not apply to a package store licensee who operates a package store in an area that has adopted a local option under AS 04.11.491 (a)(2)(C) or (3)(C) or (b)(2)(C). A person who violates this subsection is punishable upon conviction as provided under AS 04.16.200 (a) or (b).

(c) Unless a municipality or established village has adopted a more restrictive local option under AS 04.11.491 (g), in a criminal prosecution for possession of alcoholic beverages for barter or sale in violation of (a) of this section, AS 04.09.060 , 04.09.140, or AS 04.09.800 , the fact that a person (1) possessed more than 10 1/2 liters of distilled spirits or 24 liters or more of wine, or either a half-barrel keg of brewed beverages or 12 gallons or more of brewed beverages in individual containers in an area where the sale of alcoholic beverages is restricted or prohibited under AS 04.11.491 creates a presumption that the person possessed the alcoholic beverages for barter or sale;

(2) sends, transports, or brings more than 10 1/2 liters of distilled spirits or 24 liters or more of wine, or either a half-barrel keg of brewed beverages or 12 gallons or more of brewed beverages in individual containers to an area where the sale of alcoholic beverages is restricted or prohibited under AS 04.11.491 creates a presumption that the person sent, transported, or brought the alcoholic beverages for barter or sale in the area.

(d) In this section, (1) bring has the meaning given in AS 04.11.499 ;

(2) send has the meaning given in AS 04.11.499 ;

(3) transport has the meaning given in AS 04.11.499 .
Alaska Stat. § 04.11.510 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.510
Procedure for action on license applications, suspensions, and revocations.
Status: reserved

(a) Unless a legal action relating to the license, applicant, or premises to be licensed is pending, the board shall decide whether to grant or deny an application within 90 days of receipt of the application at the main office of the board. However, the decision may not be made before the time allowed for protest under AS 04.11.480 has elapsed, unless waived by the municipality.

(b) The board may review an application for the issuance, renewal, transfer of location, or transfer to another person of a license without affording the applicant notice or hearing, except (1) if an application is denied, written notice of denial shall be furnished immediately to the applicant stating the reason for the denial in clear and concise language; the notice of denial must inform the applicant that the applicant is entitled to submit a request to the director, within 15 days after receiving the notice of denial, for an informal conference with either the director or the board, and that, if not satisfied by the informal conference, the applicant is then entitled to a formal hearing conducted by the office of administrative hearings ( AS 44.64.010 ); the director shall respond to a request for an informal conference or a formal hearing in a timely manner and shall hold an informal conference within 15 days after receiving a request for an informal conference unless the applicant and the director agree in writing to waive or extend the time limit; if the applicant requests an informal conference, the running of the period for requesting a formal hearing is tolled from the date the director receives the request for the conference until the day after the date of the conference; if the applicant requests a formal hearing, the office of administrative hearings shall adhere to AS 44.62.330  44.62.630 (Administrative Procedure Act); all interested persons may be heard at the hearing;

(2) the board may, on its own initiative or in response to an objection or protest, hold a hearing to ascertain the reaction of the public or a local governing body to an application if a hearing is not required under this subsection; the board shall send notice of a hearing conducted under this paragraph 20 days in advance of the hearing to the person who filed the objection or protest, to a community council, if the licensed premises or proposed licensed premises described in the application is located within the boundaries of the community council, and to each nonprofit community organization entitled to notification under AS 04.11.310 (b);

(3) if a petition containing the signatures of 35 percent of the adult residents having a permanent place of abode outside of but within two miles of an incorporated city or an established village is filed with the board, the board shall hold a public hearing on the question of whether the issuance, renewal, or transfer of the license in the city or village would be in the public interest;

(4) if a protest to the issuance, renewal, transfer of location or transfer to another person of a license made by a local governing body is based on a question of law, the board shall hold a public hearing.

(c) Unless the grounds for the suspension or revocation are under AS 04.11.370 (a)(4), board proceedings to suspend or revoke a license shall be conducted in accordance with AS 44.62.360  44.62.630 (Administrative Procedure Act), except that the licensee may submit a request to the director within 15 days after the accusation is served on the licensee for an opportunity to informally confer with the director or the board. Notice of the opportunity for an informal conference shall be served on the licensee along with the accusation. The director shall respond to a request for an informal conference or a formal hearing in a timely manner. The director shall hold an informal conference within 15 days after receiving a request for an informal conference unless the applicant and the director agree in writing to waive or extend the time limit. After the informal conference, the board shall hold a formal hearing on the accusation at the next regularly scheduled board meeting that occurs 20 days or more after service of the accusation. If the grounds for suspension or revocation are under AS 04.11.370 (a)(4), the licensee is not entitled to notice and hearing under AS 44.62.360  44.62.630 on the merits of the suspension or revocation. However, the board shall afford the licensee notice and hearing on the issue of what administrative sanction to impose under AS 04.16.180 .

(d) [Repealed, § 69 ch 101 SLA 1995.]
Alaska Stat. § 04.21.025 — AK Code / Title 4 / Chapter 04.21 / Section 04.21.025
Alcohol server education course.
Status: in_force

(a) Except as provided under (e) and (f) of this section, as a condition of issuance or renewal of a license or conditional contractor's permit and selling alcoholic beverages under a license or conditional contractor's permit, the board shall require a licensee or permittee who sells or serves alcoholic beverages and a licensee's or permittee's agents and employees who sell or serve alcoholic beverages or check the identification of a patron to complete an alcohol server education course approved by the board.

(b) The subjects that are included in an approved alcohol server education course shall be determined under regulations adopted by the board. In approving alcohol server education courses, the board shall consider the needs of both urban and rural licensees regarding access to an approved alcohol server education course and allow a licensee, permittee, agent, or employee to complete an alcohol server education course online or in person. A licensee, permittee, agent, or employee who sells or serves alcoholic beverages shall keep the card described in (c) of this section or other proof acceptable to the board of successful completion of an approved alcohol server education course on the licensed premises during working hours.

(c) A licensee, permittee, agent, or employee shall complete the course required under (a) of this section and pass a written test, online or in person, demonstrating an understanding of the course subjects not more than 30 days after being licensed, permitted, or employed. The course provider shall issue a card to each individual who completes the course and passes the written test. A card issued under this subsection is valid for three years from the date of issue. A licensee, permittee, agent, or employee may renew a card issued under this section; to renew the card, the licensee, permittee, agent, or employee must pass a written test demonstrating an understanding of the course subjects. Notwithstanding the 30-day period for completing the course and passing the written test under this subsection, a person may not sell or serve alcoholic beverages or check the identification of a patron at a permitted event under AS 04.09.600  04.09.710 unless the person possesses a valid card issued before the event.

(d) The board shall review an approved alcohol server education course at least once every three years.

(e) A person licensed as a common carrier dispensary shall train agents and employees who sell or serve alcoholic beverages or who check the identification of a patron on provisions of state law regarding sale of alcoholic beverages, including AS 04.16.015 , 04.16.020, 04.16.030, 04.16.051, 04.16.052, 04.16.120, 04.16.125, AS 04.21.030 , and 04.21.050. The training must include the subjects of the effects of alcohol consumption, identifying a drunken person, determining valid identification, intervention to prevent unlawful alcohol consumption, and penalties for unlawful acts by agents and employees of licensees. A common carrier licensee shall, once every three years, provide the board with a description of its training program including the subjects taught, teaching method, and testing required.

(f) This section does not apply to the following licenses: (1) brewery manufacturer license under AS 04.09.020 , unless the licensee holds a manufacturer sampling endorsement;

(2) winery manufacturer license under AS 04.09.030 , unless the licensee holds a manufacturer sampling endorsement;

(3) distillery manufacturer license under AS 04.09.040 , unless the licensee holds a manufacturer sampling endorsement;

(4) general wholesale license under AS 04.09.100 ;

(5) limited wholesale brewed beverage and wine license under AS 04.09.110 ;

(6) manufacturer direct shipment license under AS 04.09.370 .

(g) A person who violates (a)  (c) or (e) of this section commits the offense of failure to comply with alcohol server education requirements.

(h) Failure to comply with alcohol server education requirements is a violation.
Alaska Stat. § 04.11.493 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.493
Change of local option.
Status: in_force

(a) If a majority of persons voting on the question vote to approve a different local option, a municipality or established village shall change a local option previously adopted under AS 04.11.491 to the different approved option.

(b) A ballot question to change a local option under this section must at least contain language substantially similar to: Shall (name of municipality or village) change the local option currently in effect, that prohibits (current local option under AS 04.11.491 ), and adopt in its place a local option to prohibit (proposed local option under AS 04.11.491 )? (yes or no).
Alaska Stat. § 04.09.490 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.490
Package store sampling endorsement.
Status: in_force

(a) A package store sampling endorsement authorizes the holder of a package store license to offer for consumption on the licensed premises at no charge a small sample of an alcoholic beverage from its inventory during the package store's stated hours of business, but not between the hours of midnight and 8:00 a.m.

(b) The biennial fee for a package store sampling endorsement is $200.

(c) Only the license holder or an agent or employee of the license holder may serve a sample.

(d) The holder of a package store sampling endorsement may serve a total volume of samples to a person on a licensed premises each day that does not exceed (1) 12 ounces of beer or mead or cider, if the mead or cider contains less than 8.5 percent alcohol by volume;

(2) six ounces of wine, sake, or mead or cider, if the mead or cider contains 8.5 percent or more alcohol by volume;

(3) 1.5 ounces of distilled spirits; or

(4) the alcoholic equivalent of (1), (2), or (3) of this subsection.

(e) The holder of a package store sampling endorsement may not publicly advertise, including through printed news, radio, or television, sampling activities conducted under the endorsement. However, the holder of a package store sampling endorsement may notify existing customers of sampling activities, including by electronic means.

(f) A person who offers a sample of an alcoholic beverage for consumption on the licensed premises of a package store without an endorsement under this section commits the offense of unendorsed package store sampling.

(g) Unendorsed package store sampling is a violation and is punishable by a fine of $500.

(h) The holder of a package store sampling endorsement who fails to comply with the requirements of (a) and (c)  (e) of this section commits the offense of failure to comply with the terms of a package store sampling endorsement.

(i) Failure to comply with the terms of a package store sampling endorsement is a violation.
Alaska Stat. § 04.21.020 — AK Code / Title 4 / Chapter 04.21 / Section 04.21.020
Civil liability of persons providing alcoholic beverages.
Status: in_force

(a) Except as provided under (b) and (d) of this section, a person who provides alcoholic beverages to another person may not be held civilly liable for injuries resulting from the intoxication of that person unless the person who provides the alcoholic beverages holds a license authorized under AS 04.09.020  04.09.370 or is an agent or employee of a licensee and (1) the alcoholic beverages are provided to a person under 21 years of age in violation of AS 04.16.051 , unless the licensee, agent, or employee secures in good faith from the person a signed statement, liquor identification card, or driver's license meeting the requirements of AS 04.21.050 (a) and (b), that indicates that the person is 21 years of age or older; or

(2) the alcoholic beverages are provided to a drunken person in violation of AS 04.16.030 .

(b) A person who sells or barters an alcoholic beverage to another person in violation of AS 04.09.060 , AS 04.09.800 , or AS 04.11.010 is strictly liable (1) to the recipient or another person for civil damages if, while under the influence of the alcoholic beverage, the person receiving the alcoholic beverage engages in conduct that results in civil damages and the recipient's being under the influence of the alcoholic beverage substantially contributes to the civil damages; and (2) for the cost to the state or a political subdivision of the state to criminally prosecute a person who receives an alcoholic beverage from a person who violates AS 04.11.010 if the prosecution results from the violation of AS 04.11.010 described in this subsection.

(c) In an action under (b) or (d) of this section, it is not a defense that the person receiving the alcoholic beverage voluntarily consumed the alcoholic beverage or that the person receiving the alcoholic beverage was voluntarily under the influence of the alcoholic beverage.

(d) A person who knowingly furnishes or delivers an alcoholic beverage to a person under 21 years of age in violation of AS 04.16.051 is civilly liable to the recipient or another person for civil damages if, while under the influence of the alcoholic beverage, the person receiving the alcoholic beverage engages in conduct that results in civil damages and the recipient's being under the influence of the alcoholic beverage substantially contributes to the civil damages.

(e) In this section, civil damages includes damages for personal injury, death, or injury to property of a person, including the state or a political subdivision of the state.
Alaska Stat. § 04.09.020 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.020
Brewery manufacturer license.
Status: in_force

(a) A brewery manufacturer license authorizes the holder to operate a brewery for the manufacture, packaging, storing, and sale of its brewed beverages to a buyer as permitted in AS 04.09.050 .

(b) The biennial brewery manufacturer license fee is $1,250.

(c) The fermentation process of all brewed beverages offered for sale by the holder of a brewery manufacturer license must occur on the holder's licensed premises in the state.
Alaska Stat. § 04.11.310 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.310
Notice of application.
Status: in_force

(a) Before a new license is issued, or transfer of location or transfer of a license to another person is approved, the applicant must post a copy of the application for 10 days at the location of the proposed licensed premises and at any additional locations designated by the board. The board may require the applicant (1) to provide a copy of the application to newspapers, radio and television stations for public service announcement or (2) to provide paid notice of the application once each week for three successive weeks in a newspaper or by radio. The notice required in this subsection must be in more than one language when the board decides it is necessary.

(b) Upon receipt of an application for the issuance, renewal, relocation, or transfer of ownership of a license for premises or proposed premises that are located within one-half mile of the boundary of a community council established by municipal charter or ordinance, the board shall (1) immediately provide written notice of the application to (A) the community council; and

(B) any nonprofit community organization that has requested notification in writing; and

(2) at least 10 days before the date set for board action on the application provide written notice of the proposed action and the time and place for a hearing to (A) the community council; and

(B) any nonprofit community organization that has requested notification in writing.

(c) This section does not apply to a manufacturer direct shipment license issued under AS 04.09.370 .
Alaska Stat. § 04.16.172 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.172
Restrictions on purchase and sale of alcoholic beverages.
Status: in_force

A person licensed under AS 04.09.200 , 04.09.210, 04.09.220, 04.09.230, 04.09.270, 04.09.280, 04.09.290, 04.09.300, 04.09.310, 04.09.320, 04.09.330, 04.09.340, 04.09.350, or 04.09.360 not purchase, sell, or offer for sale an alcoholic beverage unless the alcoholic beverage being purchased, sold, or offered for sale was obtained from a person licensed under (1) AS 04.09.100 or 04.09.110 as a primary source of supply for the alcoholic beverage being purchased, sold, or offered for sale;

(2) AS 04.09.230 and the alcoholic beverage being purchased, sold, or offered for sale was obtained from a person licensed under AS 04.09.100 or 04.09.110 as a primary source of supply; or

(3) AS 04.09.020 , 04.09.030, or 04.09.040.

(b) A licensee who knowingly violates (a) of this section commits the crime of licensee obtaining alcoholic beverages from an unlicensed seller.

(c) Licensee obtaining alcoholic beverages from an unlicensed seller is a class A misdemeanor.
Alaska Stat. § 04.09.620 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.620
Restaurant caterer's dining permit.
Status: in_force

(a) A restaurant caterer's dining permit authorizes the holder of a restaurant or eating place license or a seasonal restaurant or eating place tourism license to sell brewed beverages and wine before and during the service of food provided by the licensee at a single dining event held off the holder's licensed premises.

(b) The director may issue a restaurant caterer's dining permit only for designated premises for a specific occasion and for a limited period.

(c) The licensee shall provide food in conjunction with the service of brewed beverages and wine under a restaurant caterer's dining permit. The licensee shall comply with the requirements for gross receipts from food sales for a restaurant or eating place license under AS 04.09.210 (e) or a seasonal restaurant or eating place tourism license under AS 04.09.360 (g).
Alaska Stat. § 04.09.720 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.720
Failure to comply with a permit requirement.
Status: in_force

(a) A person who engages in activity that requires a permit under AS 04.09.600  04.09.710 without having a permit and a person who violates the terms of a permit issued under AS 04.09.600  04.09.710 commits the offense of failure to comply with a permit requirement.

(b) Except as provided in (c) of this section, failure to comply with a permit requirement is a violation.

(c) Failure to comply with a permit requirement of an inventory resale permit under AS 04.09.690 or a conditional contractor's permit under AS 04.09.710 is a violation punishable by a fine of $500.

Article 7. Common Carrier Approval.
Alaska Stat. § 04.21.065 — AK Code / Title 4 / Chapter 04.21 / Section 04.21.065
Posting of warning signs.
Status: in_force

(a) A holder of one of the following types of licenses or permits shall post on the licensed or designated premises three separate warning signs as described in (b) of this section: (1) brewery manufacturer license under AS 04.09.020 with a manufacturer sampling endorsement under AS 04.09.410 ;

(2) winery manufacturer license under AS 04.09.030 with a manufacturer sampling endorsement under AS 04.09.410 ;

(3) distillery manufacturer license under AS 04.09.040 with a manufacturer sampling endorsement under AS 04.09.410 ;

(4) beverage dispensary license under AS 04.09.200 ;

(5) restaurant or eating place license under AS 04.09.210 ;

(6) club license under AS 04.09.220 ;

(7) package store license under AS 04.09.230 ;

(8) pub license under AS 04.09.240 ;

(9) theater license under AS 04.09.250 ;

(10) common carrier dispensary license under AS 04.09.260 ;

(11) sporting activity or event license under AS 04.09.270 ;

(12) outdoor recreation lodge license under AS 04.09.280 ;

(13) fair license under AS 04.09.290 ;

(14) golf course license under AS 04.09.300 ;

(15) destination resort license under AS 04.09.310 ;

(16) brewery retail license under AS 04.09.320 ;

(17) winery retail license under AS 04.09.330 ;

(18) distillery retail license under AS 04.09.340 ;

(19) beverage dispensary tourism license under AS 04.09.350 ;

(20) seasonal restaurant or eating place tourism license under AS 04.09.360 ;

(21) beverage dispensary caterer's permit under AS 04.09.610 ;

(22) restaurant caterer's dining permit under AS 04.09.620 ;

(23) club caterer's permit under AS 04.09.630 ;

(24) art exhibit event permit under AS 04.09.640 ;

(25) music festival permit under AS 04.09.650 ;

(26) nonprofit organization event permit under AS 04.09.660 ;

(27) package store tasting event permit under AS 04.09.680 ;

(28) conditional contractor's permit under AS 04.09.710 ;

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

(b) The warning signs required by (a) of this section must be at least 11 inches by 14 inches, and the lettering must be at least one-half inch high and in contrasting colors. The first sign must read, WARNING: Drinking alcoholic beverages such as beer, wine, wine coolers, and distilled spirits or smoking cigarettes during pregnancy can cause birth defects. The second sign must read, WARNING: A person who provides alcoholic beverages to a person under 21 years of age, if convicted under AS 04.16.051 , could be imprisoned for up to five years and fined up to $50,000. The third sign must read, WARNING: An unaccompanied person under 21 years of age who enters these premises in violation of law may, under AS 04.16.049 (e), be civilly liable for damages of $1,500. The license or permit holder shall display the first and second signs in a manner that would make them conspicuous to a person who will be purchasing or consuming alcoholic beverages or smoking cigarettes on the licensed or designated premises and shall conspicuously display the third sign at each door through which customers enter the licensed premises.

(c) The board shall furnish a sign required under this section to a person who requests it with the intention of displaying it.

(d) A peace officer may issue a citation for a violation of this section. The provisions of AS 12.25.175  12.25.230 apply to the issuance of a citation under this subsection.

(e) An employee of the board designated by the board to enforce this section may issue a citation for a violation of this section regardless of whether the violation was committed in the employee's presence. A citation issued under this subsection must be in the same form and shall be processed in the same manner as a citation issued by a peace officer under (d) of this section. An employee of the board may not arrest a person for a violation of this section.

(f) A holder of a license or permit who violates this section is guilty of a violation as defined in AS 11.81.900 (b) and upon conviction is punishable by a fine of not less than $20 nor more than $300. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation.

(g) The supreme court shall establish a schedule of bail amounts for violations of this section. The bail amount may not exceed the maximum fine that may be imposed for the violation under (f) of this section. The bail amount for a violation must appear on the citation.

(h) If a person cited for a violation under this section does not contest the citation, the person may, on or before the 30th day after the date of the citation, mail or personally deliver to the clerk of the court in which the citation is filed (1) the amount of bail indicated on the citation for the violation; and

(2) a copy of the citation indicating that the right to an appearance is waived, a plea of no contest is entered, and the bail is forfeited.

(i) When bail has been forfeited under (h) of this section, a judgment of conviction shall be entered. Forfeiture of bail is a complete satisfaction for the violation. The clerk of the court accepting the bail shall provide the violator with a receipt stating that fact if requested.

(j) A person cited under this section is guilty of failure to obey a citation under AS 12.25.230 if the person fails to pay the bail amount established under (g) of this section or to appear in court as required.

(k) The board or any affected party may institute an action in the superior court to enjoin repeated violations of this section.

(l) Notwithstanding AS 04.11.370 , the board is not required to suspend or revoke a license or permit for a violation of this section; however, the board may consider a violation of this section when determining under AS 04.11.370 (a)(2) whether continuation of activities authorized under a license or permit would be in the best interests of the public.
Alaska Stat. § 04.11.360 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.360
Denial of transfer of a license to another person.
Status: in_force

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 (A) the transferor gives security for the payment of the debts or taxes satisfactory to the creditor or taxing authority; or

(B) the transfer is under 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 ; or

(8) the prospective transferee does not have the qualifications required under this title of an original applicant; however, an application may not be denied because a prospective transferee under AS 04.09.350 (c)(2) does not have the qualifications required under AS 04.09.350 (c)(1).
Alaska Stat. § 04.11.535 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.535
Suspension and revocation based on acts of employees.
Status: in_force

(a) If, in a proceeding to suspend or revoke a license, endorsement, or permit under AS 04.11.370 (a)(5), the board finds that a sentencing report, record of conviction, or judgment sent to the board under AS 12.55.025 (b) or a report prepared by the investigating or arresting officers in connection with the violation, contains information that if uncontradicted or unexplained would provide a ground for suspension or revocation under AS 04.11.370 (a)(5), the licensee or permittee has the burden of proof to establish that the licensee or permittee neither knowingly allowed the violation nor recklessly or with criminal negligence failed to act in accordance with the duty prescribed under AS 04.21.030 .

(b) If the board suspends or revokes a license on grounds that a licensee knowingly allowed or recklessly or with criminal negligence failed to act in accordance with the duty prescribed under AS 04.21.030 resulting in unlawful action of an agent or employee, the board shall file a criminal complaint charging the licensee with violation of AS 04.16.150 .
Alaska Stat. § 04.16.045 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.045
Obligation to enforce restrictions in licensed premises.
Status: in_force

(a) A licensee, an agent, or employee may not permit the consumption of alcoholic beverages by any person within licensed premises unless it is permitted by the license.

(b) A person who violates this section commits the offense of permitting consumption not authorized under a license.

(c) Permitting consumption not authorized under a license is a violation.
Alaska Stat. § 04.21.035 — AK Code / Title 4 / Chapter 04.21 / Section 04.21.035
Responsibility of partners of a limited liability partnership or foreign limited liability partnership.
Status: in_force

Notwithstanding any other provision of AS 32.06 , a partner of a limited liability partnership or a foreign limited liability partnership holding a license under this title is not relieved of the obligation or the liability otherwise imposed upon a holder of a liquor license under this title solely because the license is held by a limited liability partnership or a foreign limited liability partnership.
Alaska Stat. § 04.21.040 — AK Code / Title 4 / Chapter 04.21 / Section 04.21.040
Sales on federal reservations.
Status: in_force

(a) A wholesaler of alcoholic beverages may sell alcoholic beverages to a person who does not have a license under this title who has a fixed place of business on land in the state maintained by the United States government as a military or naval reservation, a national park, or other federal reservation. A sale may be made under this section only if the purchaser is a ship's service store, officers club, officers mess, post exchange, or similar organization. The wholesaler may deliver alcoholic beverages only to persons specified and at places designated in a written order issued by the federal organization for which the purchase is made. A licensee making sales and deliveries under this section shall keep the original order attached to the copy of the invoice on file at the premises of the licensee.

(b) Alcoholic beverages received on federal reservations under this section may not be removed for resale or public use outside the federal reservation.

(c) A wholesaler who sells alcoholic beverages on a federal reservation under this section shall pay the state excise tax imposed by AS 43.60.010 on the alcoholic beverages sold and may subsequently claim credit for the excise taxes paid if the sale is made to an organization that is an instrumentality of the federal government.
Alaska Stat. § 04.11.499 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.499
Prohibition of importation or purchase after election.
Status: in_force

(a) If a majority of the voters vote to prohibit the importation of alcoholic beverages under AS 04.11.491 (a)(4) or (5) or (b)(3) or (4), a person, beginning on the first day of the month following certification of the results of the election, may not knowingly send, transport, or bring an alcoholic beverage into the municipality or established village, unless the alcoholic beverage is sacramental wine to be used for bona fide religious purposes based on tenets or teachings of a church or religious body, is limited in quantity to the amount necessary for religious purposes, and is dispensed only for religious purposes by a person authorized by the church or religious body to dispense the sacramental wine.

(b) A person who resides in a municipality or established village that has adopted a local option under AS 04.11.491 (a) or (b) may not purchase alcohol from another person who has sent, transported, or brought an alcoholic beverage into the municipality or established village in violation of the local option.

(c) In this section, (1) bring means to carry or convey or to attempt or solicit to carry or convey;

(2) send means to cause to be taken or distributed or to attempt or solicit to cause to be taken or distributed, and includes use of the United States Postal Service;

(3) transport means to ship by any method, and includes delivering or transferring or attempting or soliciting to deliver or transfer an alcoholic beverage to be shipped to, delivered to, or left or held for pickup by any person.
Alaska Stat. § 04.09.400 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.400
Types of endorsements.
Status: in_force

(a) An endorsement expands the boundaries of a licensed premises or the authorized activities of a licensed business.

(b) Only the board may issue an endorsement. The board may issue only the endorsements authorized in AS 04.09.400  04.09.520.

(c) An endorsement is valid only in conjunction with a license. An endorsement may be transferred to another person only if the license for which the endorsement was issued is also transferred to that person. An endorsement expires if the licensed premises are relocated, the license expires, or the license is revoked.

(d) Except as provided in (c) of this section, an endorsement is valid for the duration of the license as designated in AS 04.11.680 . The holder of the endorsement shall renew the endorsement biennially.

(e) An application for an endorsement under AS 04.09.400  04.09.520 must (1) be made in writing on a form prescribed by the board; and

(2) demonstrate that the holder of the license has authority over and will exercise control over conduct of the business in all areas of the licensed premises, including premises newly licensed by the endorsement.
Alaska Stat. § 04.11.330 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.330
Denial of license or permit renewal.
Status: in_force

(a) An application requesting renewal of a license or endorsement shall be denied if (1) the board finds, after review of all relevant information, that renewal of the license or endorsement would not be in the best interests of the public;

(2) the license or endorsement has been revoked for any cause;

(3) the applicant has not operated the licensed premises for at least 240 hours during each of the two preceding calendar years, unless the board determines that the licensed premises are under construction or cannot be operated through no fault of the applicant;

(4) the board finds that issuance of an existing beverage dispensary tourism license under AS 04.09.350 or seasonal restaurant or eating place tourism license under AS 04.09.360 has not encouraged tourist trade;

(5) the requirements of AS 04.11.420  04.11.450 relating to zoning, ownership of the license, and financing of the licensee have not been met;

(6) renewal of the license or endorsement would violate the restrictions pertaining to the particular license or endorsement under this title or the license or endorsement has been operated in violation of a condition or restriction imposed by the board;

(7) renewal of the license is prohibited under this title as a result of an election conducted under AS 04.11.507 ; or

(8) the application has not been completed in accordance with AS 04.09.370 or AS 04.11.270 .

(b) An application for renewal of a license may be denied if the applicant is delinquent in the payment of taxes, fees, or penalties due to the state or a local government if the tax liability or fees or penalties assessed arise in whole or in part out of the licensed business.

(c) An application requesting renewal of a conditional contractor's permit shall be denied if (1) the board finds, after review of all relevant information, that issuance of the permit would not be in the best interests of the public;

(2) the application has not been completed in accordance with AS 04.11.270 .

(d) Notwithstanding (a)(3) of this section, a theater license issued under AS 04.09.250 , a common carrier dispensary license issued under AS 04.09.260 , or a sporting activity or event license issued under AS 04.09.270 may be renewed if the license was exercised at least once during each of the two preceding calendar years.

(e) The requirements of (a)(3), (5), and (7) of this section do not apply to a manufacturer direct shipment license issued under AS 04.09.370 .
Alaska Stat. § 04.11.537 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.537
Application of precedent.
Status: in_force

Article 8. Expiration of Licenses.
Alaska Stat. § 04.09.240 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.240
Pub license.
Status: in_force

(a) A pub license authorizes the holder to sell brewed beverages and wine for consumption only at a designated premises located on the campus of an accredited college or university.

(b) The biennial pub license fee is $1,250.

(c) The board may not (1) issue more than one pub license for each accredited college or university campus in the state; and

(2) issue or renew a pub license without the written approval of the governing body of the accredited college or university.

(d) The board may designate two alternating premises for a pub license if (1) both premises are (A) located on the accredited college or university campus;

(B) not located in contiguous rooms or adjacent buildings; and

(C) under the licensee's control;

(2) at any time, only one location is operating as a licensed premises with specified operating hours approved by the board; and

(3) all alcoholic beverages are either removed from the alternate premises or stored in a secure location that is not accessible to the general public during times when the alternate premises is not operating as a licensed premises.

(e) The board may suspend or revoke a licensee's use of an alternate premises under (d) of this section after providing to the licensee written notice and an opportunity to be heard.

(f) In this section, accredited college or university means a college or university accredited by the Northwest Commission on Colleges and Universities.

(g) The holder of a pub license commits the offense of failure to comply with the terms of a pub license if the person sells brewed beverages or wine in violation of (a) of this section.

(h) Failure to comply with the terms of a pub license is a violation.
Alaska Stat. § 04.21.080 — AK Code / Title 4 / Chapter 04.21 / Section 04.21.080
Definitions.
Status: reserved

(a) In this title, (1) a person acts with criminal negligence with respect to a result or to a circumstance described by a provision of law defining an offense when the person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation;

(2) a person acts knowingly with respect to conduct or to a circumstance described by a provision of law defining an offense when the person is aware that the person's conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist; a person who is unaware of conduct or a circumstance of which the person would have been aware had the person not been intoxicated acts knowingly with respect to that conduct or circumstance;

(3) a person acts recklessly with respect to a result or to a circumstance described by a provision of law defining an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation; a person who is unaware of a risk of which the person would have been aware had the person not been intoxicated acts recklessly with respect to that risk.

(b) In this title, (1) alcoholic beverage means a spirituous, vinous, malt, or other fermented or distilled liquid, whatever the origin, that is intended for human consumption as a beverage and that contains one-half of one percent or more of alcohol by volume, whether produced commercially or privately; however, in an area that has adopted a local option under AS 04.11.491 , alcoholic beverage means a spirituous, vinous, malt, or other fermented or distilled liquid, whatever the origin, that is intended for human consumption as a beverage by the person who possesses or attempts to possess it and that contains alcohol in any amount if the liquid is produced privately, or that contains one-half of one percent or more of alcohol by volume, if the liquid is produced commercially;

(2) board means the Alcoholic Beverage Control Board;

(3) bona fide restaurant means an establishment or a portion of an establishment where, during all times alcoholic beverages are served or consumed, (A) the patron's principal activity is consumption of food; and

(B) a variety of types of food items appropriate for meals is prepared on site and available for sale as shown on a menu provided to patrons and filed with the board;

(4) [Repealed, § 164 ch 8 SLA 2022.] (5) brewed beverage means an alcoholic beverage made by fermenting cereal grains, including beer and malt beverages, sake, and kombucha;

(6) calendar year means the period beginning January 1 and ending December 31;

(7) cider means a type of wine made primarily from fermented apples, apple juice, or concentrate;

(8) community diversion panel means a youth court or other group serving as a sentencing option for a person convicted under this title;

(9) community work means and is limited to work on projects designed to reduce or eliminate environmental damage, protect the public health, or improve public land, forests, parks, roads, highways, facilities, or education; community work may not confer a private benefit on a person except as may be incidental to the public benefit;

(10) designated premises means any or all designated portions of a building or structure, rooms or enclosures in the building or structure, or real estate leased, used, controlled, or operated by a licensee or permittee for the purpose for which the license or permit is issued by the board at the location of the site for which the license or permit is issued;

(11) director means the director of the Alcoholic Beverage Control Board;

(12) distilled spirit means an alcoholic beverage that is first fermented and then distilled;

(13) distributing point means a location where alcoholic beverages are distributed from a warehouse;

(14) drunken person means a person whose physical or mental conduct is substantially impaired as a result of the introduction of an alcoholic beverage into the person's body and who exhibits those plain and easily observed or discovered outward manifestations of behavior commonly known to be produced by the overconsumption of alcoholic beverages;

(15) established village means an area that does not contain any part of an incorporated city or another established village and that is (A) an unincorporated community that is in the unorganized borough and that has 25 or more permanent residents; or

(B) an unincorporated community that is in an organized borough, has 25 or more permanent residents, and (i) is on a road system and is located more than 50 miles outside the boundary limits of a unified municipality, or

(ii) is not on a road system and is located more than 15 miles outside the boundary limits of a unified municipality;

(16) foreign limited liability company has the meaning given in AS 10.50.990 ;

(17) foreign limited liability partnership has the meaning given in AS 32.06 ;

(18) golf course means a course that is open to the public, having at least nine holes, and covering at least 2,950 yards;

(19) half-keg means a keg designed to be a bulk container for, and containing not more than, 15 1/2 gallons of malt beverages;

(20) juvenile alcohol safety action program means (A) a juvenile alcohol safety action program developed and implemented or approved by the Department of Health under AS 47.37 ;

(B) any other alcohol education or treatment program approved by the Department of Health under AS 47.37 if a program described in (A) of this paragraph is not available in the community in which the person resides; or

(C) a program or counseling approved by the court if a program or treatment described in (A) of this paragraph is not available in the community where the person resides;

(21) kombucha means a brewed beverage made from fermented tea and containing at least one-half percent alcohol by volume;

(22) licensed premises means any or all designated portions of a building or structure, rooms or enclosures in the building or structure, or real estate leased, used, controlled, or operated by a licensee in the conduct of business for which the licensee is licensed by the board at the specific address for which the license or an endorsement to the license is issued;

(23) limited liability company means an organization under AS 10.50 ;

(24) limited liability organization means a limited liability company, a foreign limited liability company, a limited liability partnership, or a foreign limited liability partnership;

(25) limited liability partnership has the meaning given in AS 32.06 ;

(26) local governing body means, as appropriate, a city council, a borough assembly, or a traditional village council, but does not include a corporation established under the Alaska Native Claims Settlement Act;

(27) manufacture means the creation of alcoholic content by use of fermentation with natural or artificial sugar or yeast or distillation.

(28) mead means a type of wine made primarily from honey;

(29) sake means a type of brewed beverage made primarily from fermented rice;

(30) wine means an alcoholic beverage made from fermented grapes or other fruit or honey.
Alaska Stat. § 04.09.450 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.450
Restaurant endorsement.
Status: in_force

(a) A restaurant endorsement authorizes the holder of a beverage dispensary license, fair license, golf course license, sporting activity or event license, club license, outdoor recreation lodge license, destination resort license, or beverage dispensary tourism license to allow a person (1) under 21 years of age access as provided in (e) of this section to the premises of a bona fide restaurant on the licensed premises; and

(2) to enter or remain on the licensed premises to consume food or nonalcoholic beverages as authorized under AS 04.16.010 (c)(5).

(b) The biennial fee for a restaurant endorsement is $200.

(c) An application for a restaurant endorsement must specify the establishment or portion of the establishment that constitutes a bona fide restaurant.

(d) The board may issue an endorsement under this section only if the board finds (1) that the establishment or portion of the establishment for which the endorsement is requested is a bona fide restaurant;

(2) there is supervision on the premises adequate to reasonably ensure that a person under 21 years of age will not obtain alcoholic beverages; and

(3) that it is unlikely that persons under 21 years of age not employed on the premises will enter and remain on the premises of the bona fide restaurant for purposes other than dining.

(e) The board may authorize the holder of a license with a restaurant endorsement (1) to allow a person who is at least 16 years of age but under 21 years of age to enter and remain on the licensed premises for dining only;

(2) to allow a person who is under 16 years of age to enter and remain on the licensed premises for dining only if (A) the person is accompanied by a person who is 21 years of age or older; and

(B) the parent or guardian of the person consents to the person being on the licensed premises; and

(3) subject to AS 04.16.049 , to employ or permit the employment of a person who is at least 16 years of age but under 21 years of age on the premises of the bona fide restaurant if the employer provides adequate supervision to ensure that the person does not obtain alcoholic beverages.

(f) The holder of a license who engages in activity under this section without an endorsement under this section commits the offense of unendorsed restaurant service.

(g) The holder of a restaurant endorsement who engages in activity not authorized by the board under (e) of this section or fails to comply with the requirements of (e) of this section commits the offense of restaurant endorsement noncompliance.

(h) Unendorsed restaurant service is a violation and is punishable by a fine of $500.00

(i) Restaurant endorsement noncompliance is a violation.
Alaska Stat. § 04.09.510 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.510
Golf course endorsement.
Status: in_force

(a) A golf course endorsement authorizes the owner of a golf course who has obtained a beverage dispensary license or a beverage dispensary tourism license to sell or serve alcoholic beverages on the golf course, driving range, club house and other buildings located on the course, and a vending cart carrying beverages or food to, from, or on the course, excluding the parking lot.

(b) The biennial fee for a golf course endorsement is $200.

(c) An application for a golf course endorsement must include a drawing of the golf course with an annotated illustration and a description of the portions of the course that are licensed premises and that are intended to be covered by the endorsement.

(d) The holder of a beverage dispensary license or beverage dispensary tourism license who sells or serves alcoholic beverages on a golf course without an endorsement under this section commits the offense of unendorsed golf course service.

(e) The holder of a golf course endorsement who fails to comply with (a) of this section commits the offense of golf course endorsement noncompliance.

(f) Unendorsed golf course service is a violation and is punishable by a fine of $500.00

(g) Golf course endorsement noncompliance is a violation.
Alaska Stat. § 04.09.460 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.460
Package store shipping endorsement.
Status: in_force

(a) A package store shipping endorsement authorizes the holder of a package store license to sell alcoholic beverages to a person who makes an order to that licensee for shipment.

(b) The biennial fee for a package store shipping endorsement is $200.

(c) An endorsement holder may ship alcoholic beverages only to the purchaser and may ship alcoholic beverages only in response to an order. The endorsement holder may not, in response to an order, ship alcohol to a purchaser at an address other than the address where the purchaser resides or, if the purchaser resides in a municipality or established village that has adopted a local option under AS 04.11.491 (a)(1), (2), or (3) or (b)(1) or (2) for which a community delivery site has been designated under AS 04.11.491 (f), to an address other than that community delivery site except as provided by AS 04.11.491 (f)(1) and (2).

(d) An endorsement holder shall provide written or electronic information on fetal alcohol syndrome and fetal alcohol effects resulting from a woman's consumption of alcohol during pregnancy to the purchaser in response to an order.

(e) If a shipment is to an area that has restricted the sale of alcoholic beverages under AS 04.11.491 (a)(1), (2), or (3) or (b)(1) or (2), an endorsement holder may not ship to a purchaser more than 10.5 liters of distilled spirits or 24 liters or more of wine, or either a half-barrel keg of brewed beverages or 12 gallons or more of brewed beverages in individual containers in a calendar month, or a lower amount of distilled spirits, wine, or brewed beverages if the municipality or established village has adopted the lower amount by local option under AS 04.11.491 (g). Before shipping alcohol to a purchaser in a restricted area, an endorsement holder shall consult the database maintained by the board under AS 04.06.095 for any alcoholic beverage shipments made to the purchaser during that calendar month by a package store. An endorsement holder may not ship an amount of alcoholic beverages to a purchaser in a restricted area that, when added to the amount already shipped, exceeds the amount authorized by this subsection. An endorsement holder shall immediately enter into the database the date and the amount of alcoholic beverages shipped to the purchaser.

(f) An endorsement holder may not divide or combine shipments of alcoholic beverages so as to circumvent the limitation imposed under (e) of this section.

(g) In this section, endorsement holder means the holder of a package store license with a package store shipping endorsement, and an agent or employee of the holder of a package store license with a package store shipping endorsement.

(h) The holder of a package store license who ships alcoholic beverages without an endorsement under this section commits the offense of unendorsed package store shipping.

(i) The holder of a package store shipping endorsement who fails to comply with the requirements of (c)  (f) of this section commits the offense of package store shipping endorsement noncompliance.

(j) Unendorsed package store shipping is a violation and is punishable by a fine of $500.

(k) Package store shipping endorsement noncompliance is a violation.
Alaska Stat. § 04.11.430 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.430
Person and location.
Status: in_force

(a) Each license shall be issued to a specific individual or individuals, to a partnership, including a limited partnership, to a limited liability organization, to a corporation, to a government entity, or to a tribal organization. If the license is issued to a corporation or a limited liability organization, the registered agent of the corporation or limited liability organization may be either an individual resident of the state or a domestic corporation authorized to transact business in this state whose business office is the same as the registered office.

(b) Except for a license authorizing the sale of alcoholic beverages on a common carrier, a specific location shall be indicated on the license, endorsement, or permit as the licensed premises, the principal address of which shall be indicated on the license, endorsement, or permit. The mailing address, telephone number, and electronic mailing address of a licensee or, if the licensee is a corporation, the address, telephone number, and electronic mailing address of the registered office of the corporation must be kept current and on file in the main office of the board.
Alaska Stat. § 04.09.520 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.520
Brewery repackaging endorsement.
Status: in_force

(a) A brewery repackaging endorsement authorizes the holder of a brewery manufacturer license who held a license to operate a brewpub under former AS 04.11.135 and was operating a brewpub on the day before the effective date of this section and who also holds, wholly or in part, a beverage dispensary license, beverage dispensary tourism license, restaurant or eating place license, or a seasonal restaurant or eating place tourism license to offer the holder's brewed beverages for sale for consumption off the licensed premises and to subdivide and sell the holder's brewed beverages from original packages with federally compliant labels to smaller containers with the standard federal government warnings and the product name.

(b) The biennial fee for a brewery repackaging endorsement is $200.

(c) A brewery manufacturer licensee with a brewery repackaging endorsement (1) is authorized to sell, each day, to a person on the licensed premises for consumption off the licensed premises, not more than 5.167 gallons of the holder's beer or sake;

(2) may permit an agent or employee to subdivide the holder's brewed beverages, but may not permit a customer or another person who is not an agent or employee of the licensee to subdivide the holder's brewed beverages.

(d) In this section, licensed premises means a premises licensed under a beverage dispensary license, beverage dispensary tourism license, restaurant or eating place license, or a seasonal restaurant or eating place tourism license that is controlled by a brewery manufacturer licensee.

(e) The holder of a brewery manufacturer license who repackages brewed beverages without an endorsement under this section or a brewery retail license under AS 04.09.320 commits the offense of unendorsed brewery repackaging.

(f) The holder of a brewery repackaging endorsement who fails to comply with the requirements of this section commits the offense of brewery repackaging endorsement noncompliance.

(g) Unendorsed brewery repackaging is a violation, punishable by a fine of $500.00

(h) Brewery repackaging endorsement noncompliance is a violation.

Article 6. Permits.
Alaska Stat. § 04.11.055 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.055
Reports required of partnerships.
Status: in_force

(a) A partnership, including a limited partnership, issued a license under this title shall report to the board when a partnership interest of 10 percent or more is transferred and shall report a change of general partners.

(b) The report to the board shall be made in writing in duplicate and shall be sent within 10 days after the change in interest or change of general partners.

(c) A partnership that fails to report as required under (a) of this section commits the offense of failure to report a transfer of partnership interest or change of general partner.

(d) Failure to report a transfer of partnership interest or change of general partner is a violation.
Alaska Stat. § 04.09.220 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.220
Club license.
Status: in_force

(a) A club license authorizes a club or organization to sell alcoholic beverages for consumption only on the licensed premises.

(b) The biennial fee for a club license is $1,500.

(c) The board may issue a club license only to an organization operated for social, recreational, benevolent, or athletic purposes and not for profit. The board may issue a club license only to a club, fraternal organization, patriotic organization, or social organization that has been chartered by (1) a state or national organization for a period of 10 consecutive years before application for a license under this section; or

(2) a national organization that has maintained a chartered club or organization in the state for a period of at least 20 years.

(d) Alcoholic beverages sold under a club license may be purchased only by (1) members of the club and their families;

(2) widows or widowers of deceased members of the club who have been accorded club privileges; and

(3) military personnel on active duty who are extended the privilege by patriotic organizations.

(e) Alcoholic beverages may be purchased only in the portion of the club rooms that are part of the licensed premises.

(f) Guests who enter the club premises on the invitation of a member and in the company of the member may be served but not sold alcoholic beverages. A guest shall leave the premises immediately upon the departure of the member who extended the invitation to enter.

(g) Notwithstanding AS 04.16.049 , access by persons under 21 years of age to the (1) licensed premises of a club is permitted when alcoholic beverages are not present; and

(2) premises of a patriotic organization licensed as a club under this section is permitted when alcoholic beverages are present, if the person possesses a valid active duty military or armed forces identification card issued by the United States Department of Defense or the United States Department of Homeland Security.

(h) The holder of a club license may not serve or sell alcoholic beverages for use or consumption off the licensed premises of the club or organization, including use or consumption by a club member or employee, except under a club caterer's permit.

(i) The holder of a club license may not (1) solicit public patronage of the club premises, except as approved by he board;

(2) distribute income from the sale of alcoholic beverages under the license to a member, director, or officer;

(3) sell or serve alcoholic beverages in club rooms outside the portion of the club rooms that are part of the licensed premises.

(j) In this section, member means a holder of a full year of paid membership entitling the holder to all voting rights and privileges of membership under the constitution or bylaws of the club or organization.

(k) The holder of a club license commits the offense of failure to comply with the terms of a club license if the person sells alcoholic beverages in violation of (a) of this section or violates (d), (e), (f), (h), or (i) of this section.

(l) Failure to comply with the terms of a club license is a violation.
Alaska Stat. § 04.09.130 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.130
Wholesale supplier declaration.
Status: in_force

(a) A person who applies for issuance or renewal of a general wholesale license or a limited wholesale brewed beverage and wine license shall submit to the board, on a form prescribed by the board, a declaration that the person is the appointed wholesaler of the distiller, brewer, vintner, or importer of each product line of alcoholic beverage that the person intends to purchase, offer for sale, or sell. The form must include a space for the person to indicate the total number of suppliers. The board may request a list of suppliers or additional information about a product line.

(b) A person filing a declaration under this section shall pay a biennial filing fee. If the declaration lists (1) one to 25 suppliers, the fee is $500;

(2) 26 to 50 suppliers, the fee is $1,000;

(3) 51 to 75 suppliers, the fee is $1,500;

(4) 76 or more suppliers, the fee is $2,000.

(c) In this section, distiller, brewer, vintner, or importer includes an exclusive agent of the distiller, brewer, vintner, or importer if the agent's name appears on the label of the brand approved by the Alcohol and Tobacco Tax and Trade Bureau.
Alaska Stat. § 04.21.078 — AK Code / Title 4 / Chapter 04.21 / Section 04.21.078
Court records of persons under 21 years of age.
Status: in_force

The Alaska Court System may not publish on a publicly available website the court records of a violation of AS 04.16.049 , 04.16.050, 04.16.060(g), or a similar ordinance of a municipality, if the violation was charged separately and was not joined with any other minor offense or criminal charge at the time of filing.
Alaska Stat. § 04.09.110 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.110
Limited wholesale brewed beverage and wine license.
Status: in_force

(a) A limited wholesale brewed beverage and wine license authorizes the holder to sell brewed beverages and wine at wholesale. The holder of a limited wholesale brewed beverage and wine license may not sell to a person not licensed under this title, except as provided in AS 04.21.040 .

(b) The biennial limited wholesale brewed beverage and wine license fee is $400.00

(c) In addition to the license fee under (b) of this section, the holder of a limited wholesale brewed beverage and wine license shall pay an annual fee based on the total value of business transacted by the wholesale business, including the excise tax imposed by AS 43.60.010 . If the total value of business transacted during the calendar year including the excise tax imposed by AS 43.60.010 is (1) less than or equal to $20,000, then the annual fee is $0;

(2) over $20,000 and not over $50,000, then the annual fee is $150;

(3) over $50,000 and not over $100,000, then the annual fee is $500;

(4) over $100,000 and not over $150,000, then the annual fee is $750;

(5) over $150,000 and not over $200,000, then the annual fee is $1,000;

(6) over $200,000 and not over $400,000, then the annual fee is $2,000;

(7) over $400,000 and not over $600,000, then the annual fee is $3,000;

(8) over $600,000 and not over $800,000, then the annual fee is $4,000;

(9) over $800,000, then the annual fee is $10,000.
Alaska Stat. § 04.16.035 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.035
Possession of ingredients for homebrew in certain areas.
Status: in_force

(a) A person residing in an area that has adopted a local option under AS 04.11.491 may not possess sugar, artificial sugar, malt, yeast, or any other material or equipment with the intent to use the material or equipment to create an alcoholic beverage.

(b) A person who knowingly violates this section commits the crime of possession of ingredients for homebrew.

(c) Possession of ingredients for homebrew is a class A misdemeanor.
Alaska Stat. § 04.11.070 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.070
Power limited to the board.
Status: in_force

Article 2. Licenses and Permits.
Alaska Stat. § 04.09.230 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.230
Package store license.
Status: in_force

(a) A package store license authorizes the holder to operate a package store to store alcoholic beverages with federally compliant labels and to sell alcoholic beverages with federally compliant labels to a person present on the licensed premises.

(b) The biennial package store license fee is $1,500.

(c) The licensed premises occupied by the holder of a package store license may not be connected by a door, opening, or other means of passage intended for the access of the general public to an adjacent retail business not licensed under this title unless approved by the board.

(d) If the holder of a package store license also holds a beverage dispensary license, the licensed premises of the package store are contained within or are adjacent to the licensed premises of the beverage dispensary, and the only public entrance to the package store is by a door or other means within the beverage dispensary, the board shall determine whether additional entrances to the package store are necessary for enforcement purposes, to meet health and fire safety standards, or for the convenience of the public.

(e) The holder of a package store license may not (1) offer alcoholic beverages for consumption on the licensed premises or allow the consumption of alcoholic beverages on the licensed premises except as authorized by a package store sampling endorsement issued under AS 04.09.490 or a package store tasting event permit issued under AS 04.09.680 ;

(2) subdivide alcoholic beverages except as authorized by a package store repackaging endorsement issued under AS 04.09.480 ;

(3) offer alcoholic beverages for sale or sell alcoholic beverages to a person not present on the licensed premises who makes an order for shipment except as authorized by a package store shipping endorsement under AS 04.09.460 ; or

(4) deliver alcoholic beverages to a person not present on the licensed premises except as authorized by a package store delivery endorsement under AS 04.09.470 .

(f) The holder of a package store license commits the offense of failure to comply with the terms of a package store license if the person stores or sells alcoholic beverages in violation of (a) of this section or fails to comply with (c) or (e) of this section.

(g) Failure to comply with the terms of a package store license is a violation.
Alaska Stat. § 04.11.460 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.460
Prior public approval.
Status: in_force

(a) A new license or the transfer of location of an existing license may not be approved by the board in an area outside but within 50 miles of the boundaries of a municipality unless a petition asking that the license be issued or transferred within the area containing signatures of a majority of the permanent residents residing within one mile of the proposed premises is filed with the board.

(b) A license may not be issued in an area that is 50 miles or more from the boundaries of a municipality unless a petition asking that the license be issued within the area containing the signatures of two-thirds of the permanent residents residing within a radius of five miles of the United States post office station nearest to the proposed licensed premises, is filed with the board. If there are two or more United States post office stations in the vicinity of the proposed licensed premises, the nearest to the premises constitutes the point of beginning under this subsection. If there is no United States post office station within a radius of five miles of the proposed licensed premises, the applicant must obtain the signatures of two-thirds of the permanent residents residing within a five mile radius of the proposed licensed premises. A petition is not required for the renewal of a license issued in accordance with this subsection unless specifically required by the board.

(c) This section does not apply to a manufacturer direct shipment license issued under AS 04.09.370 .

(d) In this section, permanent resident means a person 21 years of age or older who has established a permanent place of abode.

Article 6. Procedures for Public Influence.
Alaska Stat. § 04.11.491 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.491
Local options.
Status: in_force

(a) If a majority of the persons voting on the question vote to approve the option, a municipality shall adopt a local option to prohibit (1) the sale of alcoholic beverages;

(2) the sale of alcoholic beverages except by one or more of the following listed on the ballot: (A) a restaurant or eating place licensee;

(B) a beverage dispensary licensee;

(C) a package store licensee;

(D) a caterer holding a beverage dispensary caterer's permit under AS 04.09.610 to sell alcoholic beverages at a site within the municipality who is also licensed under a beverage dispensary license for premises outside of the municipality;

(E) a winery manufacturer licensee;

(F) a winery manufacturer licensee, except that sales may occur only to a person licensed under this title or in another state or country;

(G) an outdoor recreation lodge licensee; or

(H) a package store licensee limited to selling only beer and wine;

(3) the sale of alcoholic beverages except on premises operated by the municipality and under a type of licensed premises listed on the ballot, that may include one or more of the following: (A) a restaurant or eating place license;

(B) a beverage dispensary license; or

(C) a package store license;

(4) the sale and importation of alcoholic beverages; or

(5) the sale, importation, and possession of alcoholic beverages.

(b) If a majority of the persons voting on the question vote to approve the option, an established village shall exercise a local option to prohibit (1) the sale of alcoholic beverages;

(2) the sale of alcoholic beverages except by one or more of the following listed on the ballot: (A) a restaurant or eating place licensee;

(B) a beverage dispensary licensee;

(C) a package store licensee;

(D) a caterer holding a beverage dispensary caterer's permit under AS 04.09.610 to sell alcoholic beverages at a site within the established village who is also licensed under a beverage dispensary license for premises outside of the established village;

(E) a winery manufacturer licensee;

(F) a winery manufacturer licensee, except that sales may occur only to a person licensed under this title or in another state or country;

(G) an outdoor recreation lodge licensee; or

(H) a package store licensee limited to selling only beer and wine;

(3) the sale and importation of alcoholic beverages; or

(4) the sale, importation, and possession of alcoholic beverages.

(c) A ballot question to adopt a local option under this section must at least contain language substantially similar to: Shall (name of municipality or village) adopt a local option to prohibit (local option under (a) or (b) of this section)? (yes or no).

(d) The ballot for an election on the option set out in (a)(2)(A), (a)(3)(A), or (b)(2)(A) of this section must include a summary explanation of the authority to sell alcoholic beverages given to a restaurant or eating place under AS 04.09.210 (a). The ballot for an election on the option set out in (a)(2)(B) or (D), (a)(3)(B), or (b)(2)(B) or (D) of this section must include a statement that a beverage dispensary license is commonly known as a bar and a summary explanation of the authority to sell alcoholic beverages given to a beverage dispensary licensee under AS 04.09.200 . The ballot for an election on the option set out in (a)(2)(C), (a)(3)(C), or (b)(2)(C) of this section must include a statement that a package store license is commonly known as a liquor store and a summary

(e) If a municipality dissolves under AS 29.06.450 (a) or (b), a local option adopted by the municipality under (a) of this section shall continue in effect as the corresponding local option under (b) of this section for an established village having the same perimeter as the previous boundaries of the municipality. A license for premises operated by the municipality under AS 04.11.505 expires when the municipality dissolves.

(f) A municipality or established village that has adopted a local option under (a)(1), (2), or (3) or (b)(1) or (2) of this section may designate a site for the delivery of alcoholic beverages to individuals in the area or a site for a person to bring alcoholic beverages if the alcoholic beverages are imported into the area. This subsection does not apply to the delivery or importation of (1) one liter or less of distilled spirits, two liters or less of wine, or one gallon or less of malt beverages; or

(2) alcoholic beverages to a premises licensed under (a)(2)  (3) or (b)(2) of this section.

(g) If a municipality or established village has adopted a local option under (a)(1), (2), (3), or (4), or (b)(1), (2), or (3) of this section, the municipality or established village, as part of the local option question or questions placed before the voters, may (1) adopt an amount of alcoholic beverages that may be imported that is less than the amounts set out in AS 04.09.460 (e);

(2) adopt an amount of alcoholic beverages that would give rise to a presumption that the person possessed the alcoholic beverages for sale; the amounts adopted under this paragraph may be lower than those set out in AS 04.11.010 (c);

(3) opt to not apply a class C felony to violations of AS 04.16.051 that apply solely by reason of the municipality or established village adopting a local option under this section.
Alaska Stat. § 04.09.120 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.120
Annual fee and affidavit.
Status: in_force

(a) Not later than February 28 of each year, the holder of a general wholesale license or a limited wholesale brewed beverage and wine license shall pay the annual fee for the license for the preceding calendar year and file with the board an affidavit showing the (1) total value of business transacted under the license by the wholesale business, including the excise tax imposed by AS 43.60.010 , during the preceding calendar year; and

(2) location of the licensed premises at which the business was transacted.

(b) Failure to file an affidavit under (a) of this section or the expiration of a license under AS 04.11.540 does not relieve a licensee from paying the prescribed annual fee.
Alaska Stat. § 04.09.750 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.750
Common carrier approval.
Status: in_force

(a) A common carrier may not transport or deliver alcoholic beverages to a person in the state unless the board has approved the common carrier under (b) of this section.

(b) A common carrier may apply to the board, on a form prescribed by the board, for approval to transport and deliver alcoholic beverages to persons in the state. The board shall approve an application if the common carrier certifies that it will meet the requirements under (c) and (d) of this section.

(c) A common carrier delivering alcoholic beverages to a person in the state shall ensure that the package containing alcoholic beverages is delivered directly to a person who (1) presents identification and acceptable proof of age under AS 04.21.050 showing that the person is 21 years of age or older; and

(2) provides a signature acknowledging that the person received the package.

(d) A common carrier approved by the board under (b) of this section shall make records of shipments of alcoholic beverages to persons in the state available for inspection and audit by the board. The board may require periodic reporting of approved common carriers on a form prescribed by the board.

(e) The board shall maintain, periodically review, and make available for public inspection a list of approved common carriers for transport and delivery of alcoholic beverages to persons in the state.

(f) The board may remove a previously approved common carrier from the list if the common carrier transports or delivers alcoholic beverages in violation of (c) or (d) of this section.

(g) In this section, (1) common carrier means a motor vehicle, watercraft, aircraft, or railroad car available for public hire to transport freight or passengers;

(2) transport has the meaning given in AS 04.11.499 (c).

(h) A common carrier that has not been approved by the board to transport and deliver alcoholic beverages and that transports or delivers alcoholic beverages into or within the state commits the offense of unapproved common carrier transport or delivery of alcoholic beverages.

(i) An approved common carrier that violates a provision under (c) or (d) of this section commits the offense of common carrier noncompliance for transport or delivery of alcoholic beverages.

(j) Unapproved common carrier transport or delivery of alcoholic beverages is a violation and is punishable by a fine of $500.

(k) Common carrier noncompliance for transport or delivery of alcoholic beverages is a violation.

Article 8. Prohibited Acts.
Alaska Stat. § 04.09.800 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.800
Unlicensed retail sale.
Status: in_force

(a) A person commits the crime of unlicensed retail sale if the person knowingly operates without the appropriate license a retail operation that requires a license under this chapter.

(b) Unlicensed retail sale is a class A misdemeanor.
Alaska Stat. § 04.09.290 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.290
Fair license.
Status: in_force

(a) A fair license authorizes the holder to sell beer and wine at multiple noncontiguous locations at an annual fair held on fairgrounds for consumption on the licensed premises.

(b) The biennial fair license fee is $1,250.

(c) The board may issue a fair license only to a nonprofit organization that is incorporated under AS 10.20 and has been active for a period of at least five years before January 1, 2024.

(d) The holder of a fair license may not sell brewed beverages or wine at more than 30 events, other than an annual fair, held on the fairgrounds in a calendar year.

(e) In this section, annual fair means an annual gathering of residents of all or a portion of the state that offers competitive exhibitions of livestock and agricultural crops, carnival amusement rides and games, and displays of arts and crafts.
Alaska Stat. § 04.09.150 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.150
Failure to pay annual fee or file affidavit.
Status: in_force

(a) A person commits the offense of failure to pay an annual wholesale fee or file a wholesale affidavit if the person fails to pay the annual fee or file the affidavit as required under AS 04.09.120 .

(b) Failure to pay an annual wholesale fee or file a wholesale affidavit is a violation.
Alaska Stat. § 04.11.530 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.530
Consideration of reports.
Status: in_force

A license may not be suspended or revoked under AS 04.11.370 (a)(4) or (5) unless the board considers the reports prepared by arresting and investigating officers and the sentencing report sent to the board under AS 12.55.025 (b).
Alaska Stat. § 04.11.340 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.340
Denial of request for relocation.
Status: in_force

An application requesting approval for the relocation of licensed premises shall be denied if (1) the board finds, after review of all relevant information, that relocation of the license would not be in the best interests of the public;

(2) the relocation is prohibited under AS 04.11.400 (a) or (b);

(3) the license would be relocated out of the established village, incorporated city, unified municipality, or population area established under AS 04.11.400 (a) within which it is located except as provided under AS 04.11.400 (k);

(4) transfer of ownership is to be made concurrently with the relocation of the licensed premises and a ground for denial of the transfer of ownership under AS 04.11.360 is presented;

(5) the application has not been completed in accordance with AS 04.11.290 ;

(6) relocation of the license would result in violation of a local zoning regulation or ordinance;

(7) relocation of the license would violate the restrictions pertaining to the particular license imposed by this title; or

(8) relocation of the license is prohibited under this title as a result of an election conducted under AS 04.11.507 .
Alaska Stat. § 04.16.051 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.051
Furnishing or delivery of alcoholic beverages to persons under the age of 21.
Status: in_force

(a) A person may not furnish or deliver an alcoholic beverage to a person under the age of 21 years. This subsection does not apply to a licensee or an agent or employee of a licensee while working on licensed premises.

(b) This section does not prohibit the furnishing or delivery of an alcoholic beverage (1) by a parent to the parent's child, by a guardian to the guardian's ward, or by a person to the legal spouse of that person if the furnishing or delivery occurs off licensed premises; or

(2) by a licensed physician or nurse to a patient in the course of administering medical treatment.

(c) Acts unlawful under AS 11.51.130 are not made legal by (b) of this section.

(d) A person who, with criminal negligence, furnishes or delivers an alcoholic beverage to a person under 21 years of age in violation of (a) of this section commits the crime of furnishing or delivering to a minor.

(e) Furnishing or delivering to a minor is (1) a class A misdemeanor, except as provided in (2) of this subsection;

(2) a class C felony if (A) within the five years preceding the violation, the person has been previously convicted under (i) this section; or

(ii) a law or ordinance of this or another jurisdiction with elements substantially similar to this section;

(B) the person who receives the alcoholic beverage negligently causes serious physical injury to or the death of another person while under the influence of the alcoholic beverage received in violation of this section; in this subparagraph, (i) negligently means acting with civil negligence; and

(ii) serious physical injury has the meaning given in AS 11.81.900 (b); or

(C) the violation occurs within the boundaries of a municipality or the perimeter of an established village that has adopted a local option under AS 04.11.491 and has not opted out of applying a class C felony to violations of this section under AS 04.11.491 (g).
Alaska Stat. § 04.09.690 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.690
Inventory resale permit.
Status: in_force

(a) An inventory resale permit authorizes the holder to sell the remaining inventory of alcoholic beverages of a business when the owner of the business no longer has a valid license under this title.

(b) The fee for an inventory resale permit is $100.

(c) The holder of an inventory resale permit may sell the remaining alcoholic beverage inventory only to the holder of a valid license under this chapter.

(d) The director may issue an inventory resale permit for a period ending 90 days after the date of expiration or forfeiture of the license. The director may not issue a permit if the license was suspended or revoked.
Alaska Stat. § 04.06.040 — AK Code / Title 4 / Chapter 04.06 / Section 04.06.040
Per diem and expenses.
Status: in_force

Members of the board do not receive a salary, but are entitled to per diem and travel expenses authorized by law for other boards and commissions.
Alaska Stat. § 04.09.090 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.090
Definition.
Status: in_force

In AS 04.09.020  04.09.090, packaging means the process of containing alcoholic beverages in bottles or other types of containers for the purpose of resale.
Alaska Stat. § 04.11.315 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.315
False statement on application.
Status: in_force

A person who knowingly makes a false sworn statement that the person does not believe to be true on an application under AS 04.11.260  04.11.310 commits the crime of perjury under AS 11.56.200 .
Alaska Stat. § 04.21.010 — AK Code / Title 4 / Chapter 04.21 / Section 04.21.010
Municipal regulation and taxation.
Status: in_force

(a) A municipality may adopt ordinances governing the importation, barter, sale, and consumption of alcoholic beverages within the municipality and may ban possession of alcoholic beverages under AS 04.11.491 (a)(5). An ordinance adopted under this section may not be inconsistent with this title or regulations adopted under this title. In a municipality that has adopted a local option under AS 04.11.491 (a)(1), (2), or (3), an ordinance is not inconsistent with this title if it limits (1) the monthly amounts of alcoholic beverages a person may import into the municipality;

(2) the percent of alcohol by volume that an alcoholic beverage may contain; a limit imposed under this paragraph may not be less than 40 nor more than 76 percent alcohol by volume; or

(3) the type of alcoholic beverage container that may be possessed in the municipality.

(b) After the adoption of a local option under AS 04.11.491 (a), a municipality may adopt an ordinance making the sale, importation, or possession of alcoholic beverages a misdemeanor to the extent prohibited under the local option. The ordinance may not be inconsistent with this title or the regulations adopted under this title.

(c) A municipality may not impose taxes on alcoholic beverages except a (1) property tax on alcoholic beverage inventories;

(2) sales tax on alcoholic beverage sales if sales taxes are imposed on other sales within the municipality;

(3) sales tax on alcoholic beverage sales that was in effect before July 1, 1985; and

(4) sales and use tax on alcoholic beverages if the sale of alcoholic beverages within the municipality has been prohibited under AS 04.11.491 (a)(1), (4), or (5).

(d) At least 10 days before the date set for municipal action on an application for the issuance, renewal, relocation, or transfer of ownership of a proposed license, the municipality shall provide written notice of the proposed action and the time and place for a hearing to a community council that (1) is established by municipal charter or ordinance to advise the municipal governing body; and

(2) has jurisdiction over the area affected by the proposed action.
Alaska Stat. § 04.09.260 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.260
Common carrier dispensary license.
Status: in_force

(a) A common carrier dispensary license authorizes the holder to sell alcoholic beverages for consumption aboard a boat or train licensed by a state or federal agency for passenger travel, or aboard an aircraft operated by an airline licensed by a state or federal agency for passenger travel.

(b) Except as provided for airlines under (c) of this section, the biennial common carrier dispensary license fee is $1,000 for each of the first 10 licenses a common carrier holds and $100 for each additional license issued to the common carrier after the first 10 licenses.

(c) The biennial fee for a common carrier dispensary license issued to an airline is the fee specified under (b) of this section for each aircraft in which alcoholic beverages are served or $2,000 for each community served by the airline. An airline shall specify the fee applicable to the license at the time of the airline's application for issuance or renewal of the license.

(d) Except for a common carrier that is an airline, a common carrier shall obtain a license for each boat or train in which alcoholic beverages are served. After obtaining an initial license for the first boat or train, the common carrier may obtain additional licenses for additional boats or trains upon making a written request identifying the boat or train in the manner prescribed by the board and paying the biennial fee for additional licensed premises as required by (b) of this section.

(e) The holder of a common carrier dispensary license who exceeds the authority granted in (a) of this section commits the crime of unauthorized common carrier dispensary activity.

(f) Unauthorized common carrier dispensary activity is a class A misdemeanor.

(g) The holder of a common carrier dispensary license who fails to comply with (b)  (d) of this section commits the offense of common carrier dispensary noncompliance.

(h) Common carrier dispensary noncompliance is a violation and is punishable by a fine of $500 for each boat, train, or aircraft not in compliance with this section.
Alaska Stat. § 04.11.260 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.260
Application for new license, endorsement, or permit.
Status: in_force

(a) An applicant for a new license, endorsement, or permit shall file with the director a written application, signed and sworn to by the applicant, giving the applicant's name, mailing address, telephone number, and electronic mail address. If the applicant is a corporation, the application shall be executed by an authorized officer of the corporation. If the applicant is a partnership, including a limited partnership, the application shall be executed by an authorized general partner. The application must include (1) the type of license, endorsement, or permit desired;

(2) a description of the premises for which the license, endorsement, or permit is desired, giving the address by street and number, or other information, so that the location of the premises can be definitely determined;

(3) an annotated illustration of the premises designating the areas for manufacture, storage, service, and consumption of alcoholic beverages and, for a license application, the area for warehousing of the alcoholic beverages;

(4) the license, endorsement, or permit fee and, for a multiple fixed counter endorsement, the application fee for each counter;

(5) the duration of the license, endorsement, or permit desired, including, for a permit, a statement of the event dates and the specific hours of intended operation;

(6) any other information required by the board.

(b) A corporation applying for a license or conditional contractor's permit under AS 04.09.710 shall provide the names and addresses of the president, vice- president, secretary, managing officer, and all stockholders who own 10 percent or more of the stock in the corporation, together with any other information required by the board.

(c) An applicant for a new license or permit must include with the application (1) proof that notice required by AS 04.11.310 , if any, has been given;

(2) any petitions required to be secured under AS 04.11.460 before a license may be issued;

(3) evidence of any approval by public authorities required to be obtained before a license or permit may be issued, including (A) written approval under AS 04.09.240 from the governing body of a college or university for a pub license;

(B) approval under AS 04.11.365 for a restaurant or eating place license in a multi-unit residential housing development owned or financed by the Alaska Housing Finance Corporation;

(C) permission from the commanding officer and the prime contractor for a conditional contractor's permit under AS 04.09.710 ;

(D) for a permit other than a conditional contractor's permit, approval of the law enforcement agency having jurisdiction over the site of the event for which the permit is sought.

(d) A partnership, including a limited partnership, that applies for a license or conditional contractor's permit under AS 04.09.690 shall provide information required by the board including the names and addresses of all general partners and all partners with an interest of 10 percent or more.

(e) A limited liability organization that applies for a license or conditional contractor's permit under AS 04.09.710 shall provide information required by the board, including the names and addresses of all members with an ownership interest of 10 percent or more and the names and addresses of all managers.

(f) This section does not apply to a manufacturer direct shipment license issued under AS 04.09.370 .
Alaska Stat. § 04.09.480 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.480
Package store repackaging endorsement.
Status: in_force

(a) A package store repackaging endorsement authorizes the holder of a package store license to subdivide and sell alcoholic beverages from original packages with federally compliant labels to smaller containers with the standard federal government warnings and the product name.

(b) The biennial fee for a package store repackaging endorsement is $200.

(c) A package store licensee with a package store repackaging endorsement may (1) subdivide alcoholic beverages (A) for sale on the licensed premises by opening the original package for the purpose of subdividing the contents into smaller packages; or

(B) in response to a purchase request from a person who is on the licensed premises or purchase order submitted in accordance with AS 04.09.470 (c);

(2) permit an agent or employee to subdivide alcoholic beverages, but may not permit a customer or another person who is not an agent or employee of the licensee to subdivide alcoholic beverages.

(d) The holder of a package store license who repackages alcoholic beverages without an endorsement under this section commits the offense of unendorsed package store repackaging.

(e) The holder of a package store repackaging endorsement who fails to comply with the requirements of this section commits the offense of package store repackaging endorsement noncompliance.

(f) Unendorsed package store repackaging is a violation and is punishable by a fine of $500.

(g) Package store repackaging endorsement noncompliance is a violation.
Alaska Stat. § 04.16.047 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.047
Access of persons with restriction on purchasing alcoholic beverages.
Status: in_force

(a) A person who is restricted from purchasing alcoholic beverages under AS 04.16.160 may not knowingly enter or remain in premises licensed under this title to obtain or consume alcoholic beverages.

(b) A licensee may bring a civil action against a person who violates this section if the violation occurs on the premises of that licensee. If judgment is entered in favor of the licensee, the court shall award civil damages in the amount of $1,000 and award reasonable costs and reasonable attorney fees allowed under the Alaska Rules of Civil Procedure.

(c) Nothing in this section or AS 04.16.160 creates a duty or imposes an obligation on a licensee to physically check the identification of any person entering licensed premises.

(d) A person who is restricted from purchasing alcoholic beverages under AS 04.16.160 who knowingly violates (a) of this section commits the crime of entering or remaining on licensed premises.

(e) Entering or remaining on licensed premises is a class A misdemeanor.
Alaska Stat. § 04.16.025 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.025
Illegal presence on premises involving alcoholic beverages.
Status: in_force

(a) A person may not knowingly enter or remain on premises (1) in which alcoholic beverages are manufactured, sold, offered for sale, possessed for sale or barter, trafficked in, or bartered in violation of (A) AS 04.09.060 , AS 04.09.800 , or AS 04.11.010 ; or

(B) a municipal ordinance adopted under AS 04.21.010 (a) or (b); or

(2) licensed under this title during hours in which the person's presence on the premises is a violation of a municipal ordinance adopted under authority of AS 04.16.010 (d) providing for hours of closure that are outside the hours of closure prescribed by AS 04.16.010 (c) or (e).

(b) A person who violates this section is guilty of a violation.
Alaska Stat. § 04.11.630 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.630
Accessibility of license and licensed premises to inspection.
Status: in_force

(a) A licensee shall, upon request, make the licensed premises and places authorized for storage under AS 04.21.060 available for inspection by officers charged with the enforcement of this title, including members of the board and the director or an employee of the director, during all regular business hours.

(b) A license, endorsement, or permit issued under this title shall be posted within the licensed premises or designated premises so as to be easily available for inspection upon request by a peace officer or other person during regular business hours or during the period specified on the permit.
Alaska Stat. § 04.21.072 — AK Code / Title 4 / Chapter 04.21 / Section 04.21.072
072 Fines and other criminal penalties.
Status: in_force

(a) A violation under this title, unless otherwise specified in the provision of this title defining the offense, is punishable by a fine of $250.

(b) A misdemeanor or felony under this title, unless otherwise specified in the provision of this title defining the offense, is punishable as provided in AS 12.55 .
Alaska Stat. § 04.09.200 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.200
Beverage dispensary license.
Status: in_force

(a) A beverage dispensary license authorizes the holder to sell or serve on the licensed premises alcoholic beverages for consumption only on the licensed premises.

(b) The biennial beverage dispensary license fee is $2,500.

(c) The holder of a beverage dispensary license may not maintain on the licensed premises more than one room in which there is regularly maintained a fixed counter or service bar that has plumbing connections to permanent plumbing at which alcoholic beverages are sold or served to members of the public for consumption, unless the license has a multiple fixed counter endorsement under AS 04.09.420 .

(d) Except as provided under AS 04.09.610 , 04.09.640, 04.09.680, and AS 04.16.120 (c), the holder of a beverage dispensary license who sells or serves alcoholic beverages off the licensed premises or permits consumption off the premises of alcoholic beverages sold or served on the premises commits the offense of unauthorized beverage dispensary activity.

(e) Unauthorized beverage dispensary activity is a violation.
Alaska Stat. § 04.11.470 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.470
Objection.
Status: in_force

A person may object to an application for issuance, renewal, transfer of location, or transfer to another person of a license, for issuance, renewal, or transfer to another person of a license with one or more endorsements, for issuance of an endorsement, or for issuance of a permit by serving upon the applicant and the board the reasons for the objection. The board shall consider the objections and testimony received at a hearing conducted under AS 04.11.510 (b)(2) when it considers the application. An objection and the record of a hearing conducted under AS 04.11.510 (b)(2) shall be retained as part of the board's permanent record of its review of the application.
Alaska Stat. § 04.06.110 — AK Code / Title 4 / Chapter 04.06 / Section 04.06.110
Peace officer powers.
Status: in_force

The director and the persons employed for the administration and enforcement of this title may, with the concurrence of the commissioner of public safety, exercise the powers of peace officers when those powers are specifically granted by the board. Powers granted by the board under this section may be exercised only when necessary for the enforcement of the criminally punishable provisions of this title, regulations of the board, and other criminally punishable laws and regulations, including investigation of violations of laws against prostitution and sex trafficking described in AS 11.66.100  11.66.137 and laws against gambling, promoting gambling, and related offenses described in AS 11.66.200  11.66.280. Unless authorized by a search warrant described in AS 12.35 , nothing in this section authorizes the use of metal keys, magnetic card keys, or identification cards to access private clubs.
Alaska Stat. § 04.16.175 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.175
Furnishing alcoholic beverages in aid of gambling enterprise.
Status: in_force

(a) An agent or employee of a gambling enterprise may not furnish an alcoholic beverage to a player.

(b) In this section, gambling enterprise and player have the meanings given them in AS 11.66.280 .

(c) A person who knowingly furnishes an alcoholic beverage to a player in violation of (a) of this section commits the crime of furnishing an alcoholic beverage in aid of a gambling enterprise.

(d) Furnishing an alcoholic beverage in aid of a gambling enterprise is a class A misdemeanor.

Article 2. Penalties and Forfeitures.
Alaska Stat. § 04.09.600 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.600
Types of permits.
Status: in_force

(a) A permit allows catering and serving activities for a specific period on a single specified premises and allows an eligible nonprofit organization to host a fundraising or not-for-profit event.

(b) The director may issue only the permits authorized in AS 04.09.600  04.09.710. An application for a permit must be received by the director not less than three business days before the first day of the event. Except for a conditional contractor's permit issued under AS 04.09.710 , the director shall require every person who will serve or sell alcohol or check identification of a patron during a permitted event to complete an alcohol server education course under AS 04.21.025 before the first day of the permitted event.

(c) An applicant for a permit must follow the application requirements set out in AS 04.11.260 .

(d) A permit, other than an inventory resale permit under AS 04.09.690 and a conditional contractor's permit under AS 04.09.710 , is valid only on the premises, for the event, and for the period specified.

(e) The holder of an approved permit may submit a written request for amendment of the approved permit to change the event date, site, designated area, or designated time. The holder of the approved permit shall submit the request to the director not later than three business days before the event and shall include approval of the law enforcement agency having jurisdiction over the site of the event for which the amended permit is sought.

(f) The holder of an approved permit shall ensure that the individuals serving alcohol have completed alcohol server training as required under AS 04.21.025 before the first day of the permitted event.

(g) A permit may not be transferred to another person or another location and, except for a conditional contractor's permit under AS 04.09.710 , may not be renewed.

(h) Except as otherwise provided in AS 04.09.690 for an inventory resale permit and AS 04.09.710 for a conditional contractor's permit, the fee for a permit shall be set by the board in regulation. The fee must be at least $50 for each day of the event.

(i) The director shall approve or deny a permit application. If the director denies a permit application, the applicant may appeal to the board.
Alaska Stat. § 04.06.050 — AK Code / Title 4 / Chapter 04.06 / Section 04.06.050
Meetings.
Status: in_force

The board shall meet at the call of the chair. The board shall also meet at least once each year in each judicial district of the state to study this title and to modify existing board regulations in light of statewide and local problems.
Alaska Stat. § 04.16.040 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.040
Access of drunken persons to licensed premises.
Status: in_force

(a) A drunken person may not knowingly enter or remain on premises licensed under this title.

(b) A person who violates this section commits the offense of prohibited access by a drunken person.

(c) Prohibited access by a drunken person is a violation.
Alaska Stat. § 04.16.220 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.220
Forfeitures and seizures.
Status: in_force

(a) The following are subject to forfeiture: (1) alcoholic beverages manufactured, sold, offered for sale, possessed for sale, or bartered or exchanged for goods and services in this state in violation of AS 04.09.060 , AS 04.09.800 , or AS 04.11.010 ; alcoholic beverages possessed, stocked, warehoused, or otherwise stored in violation of AS 04.21.060 ; alcoholic beverages sold or offered for sale in violation of a local option adopted under AS 04.11.491 ; alcoholic beverages transported into the state and sold to persons not licensed under this title in violation of AS 04.16.170 (b); alcoholic beverages transported in violation of AS 04.09.750 or AS 04.16.125 ;

(2) materials and equipment used in the manufacture, sale, offering for sale, possession for sale, or barter or exchange of alcoholic beverages for goods and services in this state in violation of AS 04.09.060 , AS 04.09.800 , or AS 04.11.010 ; materials and equipment used in the stocking, warehousing, or storage of alcoholic beverages in violation of AS 04.21.060 ; materials and equipment used in the sale or offering for sale of an alcoholic beverage in an area in violation of a local option adopted under AS 04.11.491 ;

(3) aircraft, vehicles, or vessels used to transport or facilitate the transportation of (A) alcoholic beverages manufactured, sold, offered for sale, possessed for sale, or bartered or exchanged for goods and services in this state in violation of AS 04.09.060 , AS 04.09.800 , or AS 04.11.010 ;

(B) property stocked, warehoused, or otherwise stored in violation of AS 04.21.060 ;

(C) alcoholic beverages imported into a municipality or established village in violation of AS 04.11.499 (a);

(4) alcoholic beverages found on licensed premises that do not bear federal excise stamps if excise stamps are required under federal law;

(5) alcoholic beverages, materials, or equipment used in violation of AS 04.16.175 ;

(6) money, securities, negotiable instruments, or other things of value used in financial transactions or items of value purchased from the proceeds derived from activity prohibited under AS 04.09.060 , AS 04.09.800 , or AS 04.11.010 or in violation of a local option adopted under AS 04.11.491 ;

(7) a firearm used in furtherance of a violation of this title.

(b) Property subject to forfeiture under this section may be actually or constructively seized under an order issued by the superior court upon a showing of probable cause that the property is subject to forfeiture under this section. Constructive seizure is effected upon posting a signed notice of seizure on the item to be forfeited, stating the violation and the date and place of seizure. Seizure without a court order may be made if (1) the seizure is incident to a valid arrest or search;

(2) the property subject to seizure is the subject of a prior judgment in favor of the state; or

(3) there is probable cause to believe that the property is subject to forfeiture under (a) of this section; except for alcoholic beverages possessed on violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 , property seized under this paragraph may not be held over 48 hours or until an order of forfeiture is issued by the court, whichever is earlier.

(c) Within 30 days after a seizure under this section, the Department of Public Safety shall make reasonable efforts to ascertain the identity and whereabouts of any person holding an interest or an assignee of a person holding an interest in the property seized, including a right to possession, lien, mortgage, or conditional sales contract. The Department of Public Safety shall notify the person ascertained to have an interest in property seized of the impending forfeiture, and, before forfeiture, the Department of Law shall publish, once a week for four consecutive calendar weeks, a notice of the impending forfeiture in a newspaper of general circulation in the judicial district in which the seizure was made or, if no newspaper is published in that judicial district, in a newspaper published in the state and distributed in that judicial district. Upon service or publication of notice of commencement of a forfeiture action under this section, a person claiming an interest in the property shall file, within 30 days after the service or publication, a notice of claim setting out the nature of the interest, the date it was acquired, the consideration paid, and an answer to the state's allegations. If a claim and answer is not filed within the time specified, the property described in the state's allegation must be ordered forfeited to the state without further proceedings or showings. Questions of fact or law raised by a notice of forfeiture action and answer of a claimant in an action commenced under this section must be determined by the court sitting without a jury. This proceeding may be held in abeyance until conclusion of any pending criminal charges against the claimant under this title.

(d) Property subject to forfeiture under (a) of this section may be forfeited (1) upon conviction of a person for a violation of AS 04.09.060 , 04.09.750, AS 04.09.800 , AS 04.11.010 , 04.11.499, AS 04.16.125 , AS 04.21.060 , or AS 04.11.501 or an ordinance adopted under AS 04.11.501 ; or

(2) upon judgment by the superior court in a proceeding in rem that the property was used in a manner subjecting it to forfeiture under (a) of this section.

(e) The owner of property subject to forfeiture under (a) or (i) of this section is entitled to relief from the forfeiture in the nature of remission of the forfeiture if, in an action under (d) of this section, the owner shows that the owner (1) was not a party to the violation;

(2) had no actual knowledge or reasonable cause to believe that the property was used or was to be used in violation of the law; and

(3) had no actual knowledge or reasonable cause to believe that the person committing the violation had (A) a criminal record for violating this title; or

(B) committed other violations of this title.

(f) A person other than the owner holding, or the assignee of, a lien, mortgage, conditional sales contract on, or the right to possession to property subject to forfeiture under (a) or (i) of this section is entitled to relief from the forfeiture in the nature of remission of the forfeiture if, in an action under (d) of this section, the person shows that the person (1) was not a party to the violation subjecting the property to forfeiture;

(2) had no actual knowledge or reasonable cause to believe that the property was to be used in violation of the law; and

(3) had no actual knowledge or reasonable cause to believe that the person committing the violation had (A) a criminal record for violating this title; or

(B) committed other violations of this title.

(g) It is no defense in an in rem forfeiture proceeding brought under (d)(2) of this section that a criminal proceeding is pending or has resulted in conviction or acquittal of a person charged with violating AS 04.09.060 , AS 04.09.800 , AS 04.11.010 , 04.11.499, or AS 04.21.060 .

(h) Alcoholic beverages forfeited under (d) of this section shall be placed in the custody of a peace officer of the state and destroyed no later than 30 days after forfeiture. All other property forfeited under this section shall be placed in the custody of the commissioner of public safety for disposition according to an order entered by the court. The court shall order destroyed any property forfeited under this section that is harmful to the public and shall order any property forfeited under this section that was seized in a municipality to be transferred to the municipality in which the property was seized. Other property shall be ordered sold and the proceeds used for payment of expenses of the proceedings for forfeiture and sale, including expenses of seizure, custody, and court costs. The remainder of the proceeds shall be deposited in the general fund.

(i) Upon conviction for a violation of AS 04.09.060 , AS 04.09.800 , AS 04.11.010 , or 04.11.499(a), if an aircraft, vehicle, or watercraft is subject to forfeiture under (a) of this section, the court shall, subject to remission to innocent parties under this section, (1) order the forfeiture of an aircraft to the state;

(2) order the forfeiture of a vehicle or watercraft if (A) the defendant has a prior felony conviction for a violation of AS 11.41 or a similar law in another jurisdiction;

(B) the defendant is on felony probation or parole;

(C) the defendant has a prior conviction for violating AS 04.11.010 or 04.11.499(a); or

(D) the quantity of alcohol transported in violation of this title was twice the presumptive amounts in AS 04.11.010 (c).

(j) Notwithstanding (i) of this section, a court is not required to order the forfeiture of a vehicle or watercraft if the court determines that (1) the vehicle or watercraft is the sole means of transportation for a family residing in a village;

(2) the court may impose conditions that will prevent the defendant's use of the vehicle or watercraft; and

(3) either (A) a member of the family would be entitled to remission under this section if the family member were an owner of or held a security interest in the vehicle or watercraft; or

(B) if a member of the family would not be entitled to remission, the family member was unable as a practical matter to stop the violation making the vehicle or watercraft subject to forfeiture.

(k) When forfeiting property under (a), (d), or (i) of this section, a court may award to a municipal law enforcement agency that participated in the arrest or conviction of the defendant, the seizure of property, or the identification of property for seizure, (1) the property if the property is worth $5,000 or less and is not money or some other thing that is divisible, or (2) up to 75 percent of the property or the value of the property if the property is worth more than $5,000 or is money or some other thing that is divisible. In determining the percentage a municipal law enforcement agency may receive under this subsection, the court shall consider the municipal law enforcement agency's total involvement in the case relative to the involvement of the state.

(l) In this section, village means a community of fewer than 1,000 persons located off the interconnected state road system.
Alaska Stat. § 04.09.700 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.700
Live music or entertainment permit.
Status: in_force

(a) A live music or entertainment permit authorizes the holder of a brewery retail license, winery retail license, or distillery retail license to allow live music or other entertainment on the licensed premises where consumption occurs.

(b) The director may not issue more than four live music or entertainment permits to a licensee in a calendar year. The director may issue a live music or entertainment permit only for designated premises for a specific occasion and for a limited period during a single day between the hours of 9:00 a.m. and 9:00 p.m., as specified in the application.
Alaska Stat. § 04.16.010 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.010
Hours of sale and presence on licensed premises (standard closing hours).
Status: in_force

(a) A person may not sell, offer for sale, give, furnish, deliver, or consume an alcoholic beverage on premises licensed under this title between the hours of 5:00 a.m. and 8:00 a.m. each day.

(b) A licensee, an agent, or employee may not permit a person to consume alcoholic beverages on the licensed premises between the hours of 5:00 a.m. and 8:00 a.m. each day.

(c) Except as provided in (e) of this section, a licensee, an agent, or an employee may not permit a person to enter and a person may not enter premises licensed under this title between the hours of 5:00 a.m. and 8:00 a.m. each day, unless the person is (1) on the premises to conduct business with the licensee, agent, or employee, and the licensee, agent, or employee is in compliance with (a) and (b) of this section;

(2) a common carrier with a common carrier dispensary license under AS 04.09.260 ;

(3) an employee of the licensee who is on the premises to prepare for the next day's business;

(4) performing maintenance or improvements authorized by the licensee; or

(5) on the premises to consume food or nonalcoholic beverages and the premises are (A) licensed under a restaurant or eating place license issued under AS 04.09.210 or a seasonal restaurant or eating place tourism license issued under AS 04.09.360 ; or

(B) covered under a restaurant endorsement issued under AS 04.09.450 .

(d) A municipality may provide for additional hours of closure under AS 04.21.010 .

(e) A brewery, winery, or distillery retail licensee or an agent or employee of a brewery, winery, or distillery retail licensee may not permit a person to enter or remain on and a person may not enter or remain on a premises licensed under this title between the hours of 9:30 p.m. and 9:00 a.m. each day, unless the person is (1) on the premises to conduct business with the licensee, agent, or employee, and the licensee, agent, or employee is in compliance with (a) and (b) of this section;

(2) an employee of the licensee who is on the premises to prepare for the next day's business; or

(3) performing maintenance or improvements authorized by the licensee.

(f) A person who violates (a), (b), (c), or (e) of this section is guilty of a violation.
Alaska Stat. § 04.09.040 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.040
Distillery manufacturer license.
Status: in_force

(a) A distillery manufacturer license authorizes the holder to operate a distillery for the manufacture, packaging, storing, and sale of its distilled spirits to a buyer as permitted in AS 04.09.050 .

(b) The biennial distillery manufacturer license fee is $1,250.

(c) At least 80 percent of each final product that contains distilled spirits offered for sale by the holder of a distillery manufacturer license must be manufactured on the holder's licensed premises in the state.
Alaska Stat. § 04.11.520 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.520
Notice to local governing body.
Status: in_force

After receipt of an application for the issuance or renewal of a license, the renewal of a license with one or more endorsements, the transfer of a license or a license with one or more endorsements to another person, the transfer of a license to a new location, or the issuance of an endorsement from within an established village, an incorporated city, an organized borough, or a unified municipality, the board shall notify the local governing body in writing within 10 business days so that the local governing body may protest under AS 04.11.480 .
Alaska Stat. § 04.09.000 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.000
Chapter 09. Licenses, Endorsements, and Permits.
Status: in_force

Article 1. License Types.
Alaska Stat. § 04.11.200 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.200
§§ 04.11.200  04.11.255. Retail stock sale license; recreational site license; pub license; outdoor recreation lodge license; caterer's permit; special events permit; conditional contractor's permit; destination resort license.
Status: in_force

Article 3. Application for License or Permit.
Alaska Stat. § 04.16.140 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.140
Sale or consumption of alcoholic beverages in a warehouse.
Status: in_force

(a) Alcoholic beverages may not be sold or consumed on premises approved for storage under AS 04.21.060 .

(b) A person who knowingly violates (a) of this section commits the offense of sale or consumption of an alcoholic beverage in a warehouse.

(c) Sale or consumption of an alcoholic beverage in a warehouse is a violation.
Alaska Stat. § 04.09.210 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.210
Restaurant or eating place license.
Status: in_force

(a) A restaurant or eating place license authorizes a restaurant or eating place to (1) sell brewed beverages and wine for consumption only on the licensed premises; and

(2) allow a person (A) under 21 years of age access as provided in (d) of this section to the licensed premises; and

(B) to enter or remain on the licensed premises to consume food or nonalcoholic beverages as authorized under AS 04.16.010 (c)(5).

(b) The biennial restaurant or eating place license fee is $1,250.

(c) The board may issue or renew a license under this section only if the (1) board determines that (A) the licensed premises is a bona fide restaurant as defined in AS 04.21.080 (b);

(B) there is supervision on the premises adequate to reasonably ensure that a person under 21 years of age will not obtain alcoholic beverages; and

(C) it is unlikely that persons under 21 years of age not employed on the premises will enter and remain on the licensed premises for purposes other than dining; and

(2) sale and service of food and alcoholic beverages and any other business conducted on the licensed premises of the restaurant or eating place is under the sole control of the licensee.

(d) The board may authorize the holder of a restaurant or eating place license (1) to allow a person who is at least 16 years of age but under 21 years of age to enter and remain on the licensed premises for dining only;

(2) to allow a person who is under 16 years of age to enter and remain on the licensed premises for dining only if (A) the person is accompanied by a person who is 21 years of age or older; and

(B) the parent or guardian of the person consents to the person being on the licensed premises; and

(3) subject to AS 04.16.049 , to employ or permit the employment of a person who is at least 16 years of age but under 21 years of age on the licensed premises if the employer provides adequate supervision to ensure that the person does not obtain alcoholic beverages.

(e) The holder of a restaurant or eating place license shall ensure that gross receipts from the sale of food for consumption on the licensed premises are not less than the total of the gross receipts from the sale of alcoholic beverages for consumption on the licensed premises in each calendar year. At the time the holder submits an application for renewal of the license, the holder shall submit a statement to the board certifying that the holder has met the requirement under this subsection for the designated period of the license under AS 04.11.680 . The board may renew a restaurant or eating place license only if the licensee's statement provides evidence satisfactory to the board that, during the designated period of the license under AS 04.11.680 , the gross receipts from the sale of food for consumption on the licensed premises were not less than the total of the gross receipts from the sale of alcoholic beverages for consumption on the licensed premises.

(f) The holder of a restaurant or eating place license may provide entertainment on or adjacent to the licensed premises only between the hours of 10:00 a.m. and 11:00 p.m. unless additional hours are approved by the director upon the written request of the licensee for a specific occasion. The director may not grant approval for additional hours of entertainment on or adjacent to the licensed premises of an individual licensee more than six times in a calendar year. In this subsection, entertainment includes dancing, karaoke, live performances, or similar activities, but does not include recorded or broadcast performances without live participation.

(g) Except as provided under AS 04.09.620 , 04.09.640, 04.09.650, and AS 04.16.120 (c), the holder of a restaurant or eating place license commits the offense of failure to comply with the terms of a restaurant or eating place license if the person sells brewed beverages or wine in violation of (a) of this section, engages in activity not authorized by the board under (d) of this section, or fails to comply with the requirements of (d), (e), or (f) of this section.

(h) Failure to comply with the terms of a restaurant or eating place license is a violation.
Alaska Stat. § 04.11.540 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.540
License, endorsement, and conditional contractor's permit renewal and expiration.
Status: in_force

Notwithstanding AS 04.11.680 , an application for renewal of a license, an endorsement, or a conditional contractor's permit under AS 04.09.710 issued for the two calendar years ending December 31 or of a seasonal license issued for parts of those calendar years may be submitted up until the next February 28. If a complete application for renewal has not been filed by February 28 or the required fees and the penalty fees have not been paid by that date, the license, endorsement, or conditional contractor's permit expires at 12:00 midnight February 28. A new license may not be issued to the holder of an expired license for the same premises except on proof satisfactory to the board of good cause for the failure to file and pay.
Alaska Stat. § 04.09.010 — AK Code / Title 4 / Chapter 04.09 / Section 04.09.010
Types of licenses.
Status: in_force

A license defines activities allowed daily on licensed premises. License type is a general category of license activity based on the three-tier system of alcohol regulation. The three types of licenses the board may issue are manufacturer, wholesale, and retail licenses. The board may issue only the licenses authorized in AS 04.09.020  04.09.370.
Alaska Stat. § 04.21.074 — AK Code / Title 4 / Chapter 04.21 / Section 04.21.074
074 Bail forfeiture schedule.
Status: in_force

The supreme court shall establish by rule or order a schedule of bail amounts for violations under this title that allow the disposition of a citation without a court appearance. The bail amount may not exceed the maximum penalty prescribed by law for the violation.
Alaska Stat. § 04.16.030 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.030
Prohibited conduct relating to drunken persons.
Status: in_force

(a) A licensee, an agent, or employee may not with criminal negligence (1) sell, give, or barter alcoholic beverages to a drunken person;

(2) allow another person to sell, give, or barter an alcoholic beverage to a drunken person within licensed premises;

(3) allow a drunken person to enter and remain within licensed premises or to consume an alcoholic beverage within licensed premises;

(4) permit a drunken person to sell or serve alcoholic beverages.

(b) A person receiving compensation for transporting alcoholic beverages may not knowingly deliver alcoholic beverages to a drunken person.

(c) The holder of a license is strictly and vicariously liable for an offense committed under (d) of this section by an employee or agent of the licensee on the licensed premises, punishable by an administrative penalty of $250. Notwithstanding AS 04.11.370 (a)(4) and (5) and AS 04.16.180 (b)(1), the board may not order suspension of the license for the first violation committed on the licensed premises under this section.

(d) A person who violates this section commits the offense of prohibited conduct relating to a drunken person.

(e) Prohibited conduct relating to a drunken person is a violation, punishable by a fine of $500.

(f) A licensee who knowingly allows an agent or employee of the licensee to commit the offense of prohibited conduct relating to a drunken person under (d) of this section commits the crime of failure to ensure compliance relating to a drunken person.

(g) Failure to ensure compliance relating to a drunken person is a class A misdemeanor.
Alaska Stat. § 04.21.030 — AK Code / Title 4 / Chapter 04.21 / Section 04.21.030
Responsibility of licensees, agents, and employees.
Status: in_force

The licensee has a duty to exercise that degree of care that a reasonable person would observe to ensure that a business under the person's control is lawfully conducted. This duty of the licensee includes, but is not limited (1) to ensuring the compliance by agents or employees with this title and regulations adopted under this title, including acting with reasonable diligence to determine that agents or employees are advised of the provisions of this title and the regulations adopted under this title, either by securing the agent's or employee's written acknowledgement of posted instructions or otherwise; and

(2) to ensuring the compliance of the premises with public health, fire, and safety codes and ordinances of the state or municipality having jurisdiction.
Alaska Stat. § 04.06.080 — AK Code / Title 4 / Chapter 04.06 / Section 04.06.080
Delegation of authority.
Status: in_force

The director shall issue, renew, transfer, suspend, or revoke all licenses, endorsements, and permits at the direction of the board. However, notwithstanding AS 04.06.090 (b), the board may delegate authority to the director to temporarily grant or deny the issuance, renewal, or transfer of licenses, endorsements, and permits. The director's temporary grant or denial of the issuance, renewal, or transfer of a license, endorsement, or permit is not binding on the board. The board may delegate to the director any other duty imposed by this title except its power to propose and adopt regulations.
Alaska Stat. § 04.11.575 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.575
Civil fine.
Status: in_force

(a) Except as provided in (c) of this section, the board may, in addition to any other penalties imposed under this title, impose a civil fine upon a licensee that the board determines, at a proceeding under AS 04.11.510 (c), has violated a provision of this title, a regulation adopted under this title, or an ordinance adopted in accordance with AS 04.21.010 .

(b) The board shall by regulation adopt a schedule of fines that a licensee may be required to pay under this section. A fine may not exceed the greater of (1) $50,000; or

(2) an amount that is three times the monetary gain realized by the licensee as a result of the violation.

(c) If the board is proceeding under AS 04.11.370 (a)(4), the board may not impose a civil fine exceeding the amount specified under AS 12.55.035 applicable to the offense for which the licensee was convicted, or with the licensee's consent, the limit imposed under (b) of this section.
Alaska Stat. § 04.16.205 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.205
Penalties for violations of AS 04.11.501 and related ordinances.
Status: reserved

(a) A person who possesses alcoholic beverages in a municipality or established village in violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 may, upon conviction, be punished by a fine not to exceed $1,000 and shall forfeit the seized alcoholic beverages. When a peace officer stops or contacts a person concerning a violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 , the peace officer shall seize the alcoholic beverages and may issue a citation to the person as provided in AS 12.25.175  12.25.230.

(b) If a person cited for a violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 for which a bail amount has been established under (c) of this section does not contest the citation, the person may, within 30 days after the date the citation is issued, (1) mail or personally deliver to the clerk of the court in which the citation is filed by the peace officer the amount of bail indicated on the citation and a copy of the citation indicating that the right to an appearance is waived, a plea of no contest is entered, and the bail and all alcoholic beverages seized are forfeited; or

(2) perform community work in lieu of payment of the fine or a portion of the fine as provided in (d) of this section.

(c) The supreme court shall establish by rule or order a schedule of bail amounts that may be forfeited without a court appearance for a violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 . In establishing the bail schedule the supreme court may consider the quantity of alcoholic beverages possessed and the number of prior violations of the person cited. Before establishing or amending the schedule of bail amounts required by this subsection, the supreme court shall appoint and consult with an advisory committee consisting of the following seven persons: one superior court judge, one magistrate from each judicial district in the state, a representative of the Department of Law, and a representative of the Public Defender Agency. The maximum bail amount may not exceed $1,000, and the issuing officer shall write on the citation the amount of bail applicable to the violation.

(d) Community work shall be performed at the direction of the local governing body of the municipality or the local governing body of the established village. In the absence of a local governing body for an established village, community work shall be performed at the direction of the body that has traditionally performed public functions on behalf of the entire community. The value of community work in lieu of a fine is $5.00 per hour. When the community work is completed, the person cited for the violation shall mail or personally deliver to the clerk of the court in which the citation is filed by the peace officer (1) a form, prescribed by the administrative director of the Alaska Court System, indicating completion of the community work; and

(2) a copy of the citation, indicating that the right to an appearance is waived, a plea of no contest is entered, and that the bail is forfeited or community work has been performed and that all alcoholic beverages seized are forfeited.

(e) When bail has been forfeited or proof of performance of community work under this section has been filed with the court, a judgment shall be entered. Forfeiture of bail or filing proof of performance of community work and forfeiture of all seized items is a complete satisfaction for the violation. The clerk of court accepting the bail or the form indicating performance of community work shall provide the offender with a receipt stating that fact, if requested.

(f) A person cited under this section is guilty of failure to obey a citation under AS 12.25.230 if the person fails to pay the fine, appear in court as required, or provide proof of performance to the court as specified in (d)(1) of this section.

(g) Notwithstanding other provisions of law, if a person cited for a violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 for which a bail amount has been established under (c) of this section appears in court and is found guilty, the penalty that is imposed for the offense may not exceed the bail amount for that offense established under (c) of this section.

(h) A violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 may not be considered a criminal offense and may not result in imprisonment, nor is a fine imposed for a violation considered criminal punishment. A person cited for a violation does not have a right to a jury trial or court appointed counsel.

(i) [Repealed, § 60 ch 29 SLA 2010.] (j) [Repealed, § 60 ch 29 SLA 2010.]
Alaska Stat. § 04.11.560 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.560
Appeals.
Status: in_force

(a) An action of an officer, employee, or agent of the board relating to the administration or enforcement of this title may be appealed to the board by the aggrieved party.

(b) A decision by the board relating to the issuance, renewal, transfer, relocation, suspension, or revocation of a license or an endorsement under this title may be appealed to the superior court under AS 44.62.560 .
Alaska Stat. § 04.06.020 — AK Code / Title 4 / Chapter 04.06 / Section 04.06.020
Appointment and qualifications.
Status: in_force

(a) The board consists of five members appointed by the governor and confirmed by a majority of the members of the legislature in joint session. A member of the board may not hold any other state or federal office, either elective or appointive.

(b) Except as provided in (c) of this section, at the time of appointment or reappointment, one member of the board shall be from the public safety sector, one member of the board shall represent the general public, one member of the board shall have resided in a rural area within the previous five years, and two members of the board shall be actively engaged in the alcoholic beverage industry.

(c) A member of the board may not hold a wholesale alcoholic beverage license or be an officer, agent, or employee of a wholesale alcoholic beverage enterprise. Not more than two members of the board may be engaged in the same business, occupation, or profession. A board member from the public safety sector, from a rural area, or representing the general public may not have, or have an immediate family member who has, a financial interest in a business for which a license is issued. A board member representing the general public may not be affiliated with the public safety sector or the public health sector.

(d) In this section, (1) immediate family member means a spouse, child, or parent;

(2) public health sector means a profession that primarily has the responsibility to protect the safety and improve the health of communities through education, policy making, and research for disease and injury prevention;

(3) public safety sector means a current or former peace officer, a current or former municipal or state prosecutor, a former judicial officer, or a current member of a profession that primarily has the authority to provide for the welfare and protection of the general public through the enforcement of municipal, state, or federal laws;

(4) rural area means a community with a population of 7,000 or less that is not connected by road or rail to Anchorage or Fairbanks or with a population of 2,000 or less that is connected by road or rail to Anchorage or Fairbanks; in this paragraph, (A) community means a city as that term is defined in AS 29.71.800 , and an established village that is located in a borough or the unorganized borough;

(B) population means the population of a community as determined under AS 29.60.860 (c).
Alaska Stat. § 04.06.030 — AK Code / Title 4 / Chapter 04.06 / Section 04.06.030
Terms of office; chair.
Status: in_force

(a) Members of the board shall be appointed for overlapping terms of three years.

(b) A vacancy occurring in the membership of the board shall be filled within 30 days by appointment of the governor for the unexpired portion of the vacated term.

(c) The board shall select a chair from among its members.

(d) A member who has served all or part of three successive terms on the board may not be reappointed to the board unless three years have elapsed since the person has last served on the board.
Alaska Stat. § 04.11.045 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.045
Reports required of limited liability organizations.
Status: in_force

(a) A limited liability organization licensed under this title shall report to the board when a member of the limited liability organization transfers 10 percent or more of the ownership of the organization and shall report a change of managers.

(b) The report to the board shall be made in writing in duplicate and shall be sent within 10 days after the change in member interest or manager.

(c) A limited liability organization that fails to report as required under (a) of this section commits the offense of failure to report a change in member interest or manager.

(d) Failure to report a change in member interest or manager is a violation.
Alaska Stat. § 04.21.060 — AK Code / Title 4 / Chapter 04.21 / Section 04.21.060
Warehousing of alcoholic beverages.
Status: in_force

(a) A licensee may stock, warehouse, or otherwise store alcoholic beverages in a place elsewhere than premises indicated on the license if (1) the premises to be used for storage are inspected and approved by the board before their use;

(2) the use of the premises for storage is authorized by local zoning ordinances; and

(3) the premises are accessible for inspection as provided in AS 04.11.630 .

(b) A licensee who stores alcoholic beverages elsewhere than on the licensed premises and who fails to comply with (a)(1)  (3) of this section commits the offense of unauthorized warehousing.

(c) Unauthorized warehousing is a violation.
Alaska Stat. § 04.16.080 — AK Code / Title 4 / Chapter 04.16 / Section 04.16.080
Consumption at school events.
Status: in_force

(a) A person who is 21 years of age or older may not consume alcoholic beverages during a school event at the site of the event if the event is expected to attract attendees under 21 years of age.

(b) A person who is 21 years of age or older who consumes an alcoholic beverage during a school event at the site of the event under (a) of this section commits the offense of consuming at a school event.

(c) Consuming at a school event is a violation and is punishable by a fine of $100.
Alaska Stat. § 04.06.100 — AK Code / Title 4 / Chapter 04.06 / Section 04.06.100
Regulations.
Status: in_force

(a) The board shall adopt regulations governing the manufacture, barter, sale, consumption, and possession of alcoholic beverages in the state that are consistent with this title and necessary to carry out the purpose of this title in a manner that will protect the public health, safety, and welfare. The regulations shall be adopted in accordance with AS 44.62 (Administrative Procedure Act).

(b) The subjects covered by regulations adopted under (a) of this section may include the following matters: (1) employment, conduct, and duties of the director and of regular and contractual employees of the board;

(2) procedures for the issuance, denial, renewal, transfer, revocation, and suspension of licenses, endorsements, and permits;

(3) terms and conditions of licenses, endorsements, and permits issued;

(4) fees for licenses, endorsements, and permits issued for which fees are not prescribed by statute;

(5) conduct of regular and special meetings of the board;

(6) delegation to the director of routine administrative functions and powers;

(7) the temporary granting or denial of issuance, transfer, and renewal of licenses and endorsements;

(8) manner of giving any notice required by law or regulation when not provided for by statute;

(9) requirements relating to the qualifications of licensees, the conditions upon which a license may be issued, the accommodations of licensed premises, and board inspection of those premises;

(10) making of reports by wholesalers;

(11) purchase of fidelity bonds by the state for the director and the employees of the board;

(12) prohibition of possession of alcoholic beverages by drunken persons and by minors;

(13) required reports from corporations licensed under this title, including reports of stock ownership and transfers and changes of officers and directors;

(14) establishment and collection of fees to be paid on application for a license, endorsement, or permit;

(15) required reports from partnerships and limited partnerships licensed under this title, including reports of transferred interests of 10 percent or more;

(16) required reports from limited liability organizations licensed under this title, including reports of the transfer of a member's interest if the transfer equals 10 percent or more of the ownership of the limited liability organization and any change of managers;

(17) restrictions on the manufacture, packaging, sale, and distribution of products containing alcohol that are intended for human consumption.
Alaska Stat. § 04.11.670 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.670
Foreclosure.
Status: in_force

A license issued under this title is not subject to foreclosure, and may not be used as collateral to secure a debt. However, if a license is transferred to another person, the transferor may secure payment for real and personal property conveyed to the transferee upon the promise of the transferee to transfer the license back to the transferor upon default in payment.
Alaska Stat. § 04.11.295 — AK Code / Title 4 / Chapter 04.11 / Section 04.11.295
Criminal justice information and records.
Status: in_force

(a) An applicant for the issuance or transfer of a license or issuance of a conditional contractor's permit under this title shall submit to the board, with the application, the applicant's fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check. Except as provided under (b) of this section, the board may require an applicant for renewal of a license or a conditional contractor's permit under this title to submit fingerprints and pay the required fees. The board shall submit the fingerprints to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 . The Department of Public Safety may submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The board shall use the information obtained under this section in its determination of an applicant's qualification for issuance, transfer, or renewal of a license or issuance or renewal of a conditional contractor's permit.

(b) For renewal of a license or conditional contractor's permit held by a corporation that is required by federal law to file periodic reports with the United States Securities and Exchange Commission, the board may require submission of fingerprints and payment of the required fees of not more than three individuals who are officers of the corporation.

(c) In this section, (1) applicant means all individuals whose names and addresses are required to be provided with an application for a new license or conditional contractor's permit under AS 04.09.710 ;

(2) criminal justice information has the meaning given in AS 12.62.900 .