Title 04 — Alcoholic Beverages
9 chapters · 210 sections in this title.
AS 04.06.005 Declaration of policy; purpose; finding.
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It is the policy of the state that controlling the manufacture, distribution, barter, possession, and sale of alcoholic beverages in the state is necessary to promote the health and safety of the people of the state. It is the purpose of this title to carry out the state's policy…
AS 04.06.010 Establishment of board.
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There is established in the Department of Commerce, Community, and Economic Development the Alcoholic Beverage Control Board as a regulatory and quasi-judicial agency. The Board is in the Department of Commerce, Community, and Economic Development, but for administrative purposes…
AS 04.06.020 Appointment and qualifications.
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(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 t…
AS 04.06.030 Terms of office; chair.
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(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…
AS 04.06.040 Per diem and expenses.
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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.
AS 04.06.050 Meetings.
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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.
AS 04.06.060 Quorum and majority.
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Three members of the board constitute a quorum for the conduct of business, except that a majority of the whole membership of the board must approve all applications for new licenses, and all renewals, transfers, suspensions, and revocations of existing licenses.
AS 04.06.070 Appointment and removal of director.
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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 Ma…
AS 04.06.075 Authority of director; annual budget.
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(a) The director shall enforce this title and regulations adopted by the board. (b) The director is not a member of the board and may not vote on a matter before the board. (c) The director shall prepare and submit to the board an annual budget for the board that includes funding…
AS 04.06.080 Delegation of authority.
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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 t…
AS 04.06.090 Powers and duties.
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(a) The board shall control the manufacture, barter, possession, and sale of alcoholic beverages in the state. The board is vested with the powers, duties, and responsibilities necessary for the control of alcoholic beverages, including the power to propose and adopt regulations …
AS 04.06.095 Statewide database.
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(a) The board, after consulting with package store licensees, shall create and maintain a statewide database that contains a monthly record of the alcohol purchased by, and shipped to, a person who resides in a municipality or established village that has restricted the sale of a…
AS 04.06.100 Regulations.
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(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,…
AS 04.06.110 Peace officer powers.
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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 un…
AS 04.09.010 Types of licenses.
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Article 2. Manufacturer Licenses. 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, wholes…
AS 04.09.020 Brewery manufacturer license.
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(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 proce…
AS 04.09.030 Winery manufacturer license.
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(a) A winery manufacturer license authorizes the holder to operate a winery for the manufacture, packaging, storing, and sale of its wine to a buyer as permitted in AS 04.09.050. (b) The biennial winery manufacturer license fee is $1,000. (c) The fermentation process of all wine …
AS 04.09.040 Distillery manufacturer license.
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(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 …
AS 04.09.050 Authorized sales.
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(a) The holder of a manufacturer license that annually produces in total less than 300,000 barrels of brewed beverages or mead or cider containing less than 8.5 percent alcohol by volume, less than 50,000 nine- liter-equivalent cases of wine, sake, or mead or cider containing 8.5…
AS 04.09.060 Unlicensed manufacturing.
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(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 manufact…
AS 04.09.070 Unauthorized manufacturer sale.
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(a) Except as provided in AS 04.09.320 — 04.09.340, a person who holds a manufacturer license commits the offense of unauthorized manufacturer sale if the person sells its product in violation of AS 04.09.050. (b) Unauthorized manufacturer sale is a violation.
AS 04.09.090 Definition.
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Article 3. Wholesale Licenses. 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.
AS 04.09.100 General wholesale license.
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(a) A general wholesale license authorizes the holder to sell alcoholic beverages at wholesale. The holder of a general wholesale license may not sell to a person not licensed under this title, except as provided in AS 04.21.040. (b) The biennial general wholesale license fee is …
AS 04.09.110 Limited wholesale brewed beverage and wine license.
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(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…
AS 04.09.120 Annual fee and affidavit.
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(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…
AS 04.09.130 Wholesale supplier declaration.
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(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…
AS 04.09.140 Unlicensed wholesale sale.
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(a) A person commits the crime of unlicensed wholesale sale if the person knowingly sells (1) distilled spirits at wholesale without a general wholesale license; or (2) brewed beverages or wine at wholesale without a general wholesale license or a limited wholesale brewed beverag…
AS 04.09.150 Failure to pay annual fee or file affidavit.
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(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 v…
AS 04.09.160 Failure to pay biennial fee or file declaration.
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[Repealed or reserved.]
AS 04.09.200 Beverage dispensary license.
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(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…
AS 04.09.210 Restaurant or eating place license.
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(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 premise…
AS 04.09.220 Club license.
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(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, ben…
AS 04.09.230 Package store license.
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(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 l…
AS 04.09.240 Pub license.
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(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 lice…
AS 04.09.250 Theater license.
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(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 lice…
AS 04.09.260 Common carrier dispensary license.
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(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 pass…
AS 04.09.270 Sporting activity or event license.
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(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 …
AS 04.09.280 Outdoor recreation lodge license.
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(a) An outdoor recreation lodge license authorizes the holder to sell alcoholic beverages to a registered overnight guest or off-duty staff of the lodge for consumption on the licensed premises or in conjunction with purchased outdoor recreation activities provided by the license…
AS 04.09.290 Fair license.
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(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 nonprof…
AS 04.09.300 Golf course license.
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(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 annot…
AS 04.09.310 Destination resort license.
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(a) A destination resort license authorizes the holder to sell alcoholic beverages at multiple noncontiguous locations at a destination resort for consumption on the licensed premises in conjunction with the visitor activities provided by the licensee to cruise ship passengers an…
AS 04.09.320 Brewery retail license.
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(a) A brewery retail license authorizes the holder to store, sell, or serve on the licensed premises brewed beverages for consumption on and off the premises. (b) The biennial brewery retail license fee is $1,250. (c) The board may issue a brewery retail license only to the holde…
AS 04.09.330 Winery retail license.
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(a) A winery retail license authorizes the holder to store, sell, or serve on the licensed premises wine for consumption on and off the premises. (b) The biennial winery retail license fee is $1,000. (c) The board may issue a winery retail license only to the holder of a winery m…
AS 04.09.340 Distillery retail license.
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(a) A distillery retail license authorizes the holder to store, sell, or serve on the licensed premises distilled spirits for consumption on and off the premises. (b) The biennial distillery retail license fee is $1,250. (c) The board may issue a distillery retail license only to…
AS 04.09.350 Beverage dispensary tourism license.
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(a) A beverage dispensary tourism 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 tourism license fee is $2,500. (c) The board may (1) issue a new bever…
AS 04.09.360 Seasonal restaurant or eating place tourism license.
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(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 y…
AS 04.09.370 Manufacturer direct shipment license.
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Article 5. Endorsements. (a) A manufacturer direct shipment license authorizes the holder of a brewery retail license issued under AS 04.09.320, winery retail license issued under AS 04.09.330, or distillery retail license issued under AS 04.09.340, or the holder of a manufacture…
AS 04.09.400 Types of endorsements.
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(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…
AS 04.09.410 Manufacturer sampling endorsement.
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(a) A manufacturer sampling endorsement authorizes the holder of a brewery manufacturer license, winery manufacturer license, or distillery manufacturer license to offer for consumption on the licensed premises at no charge a small sample of an alcoholic beverage produced by the …
AS 04.09.420 Multiple fixed counter endorsement.
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(a) A multiple fixed counter endorsement authorizes the holder of a beverage dispensary license or a beverage dispensary tourism license to sell or serve alcoholic beverages on the licensed premises from multiple fixed counters. (b) The biennial fee for a multiple fixed counter e…