Chapter 10.84
LIQUOR REGULATIONS
Sections:
10.84.010 Definitions.
10.84.020 Age.
10.84.049 Access of persons under the age of twenty-one to licensed premises.
10.84.050 Possession or consumption by persons under the age of twenty-one.
10.84.051 Furnishing of alcoholic beverages to persons under the age of twenty-one.
10.84.052 Furnishing of alcoholic beverages to persons under the age of twenty-one by licensees.
10.84.060 Purchase by persons under the age of twenty-one.
10.84.070 Penalty.
10.84.010 Definitions.
The terms “intoxicating liquor” and “alcoholic beverages” as used hereafter are interchangeable and are defined as any fermented or distilled liquor, wine, beer, or other beverage, containing more than one percent alcohol by volume. (Ord. 73-59 § 3 (part), 1973.)
10.84.020 Age.
Whenever in this chapter an age limit is set at twenty-one years, any person who was born on or before December 31, 1964, shall be deemed to have attained the age limit. (Grandfather clause – Section 18, CH 109, SLA 1983.) (Ord. 84-600 § 4 (part), 1984.)
10.84.049 Access of persons under the age of twenty-one to licensed premises.
A. A person under the age of twenty-one years may not knowingly enter or remain in premises licensed under Title 4 of the Alaska Statutes unless:
1. Accompanied by a parent, guardian or spouse who has attained the age of twenty-one years;
2. The person is at least sixteen years of age, the premises are designated by the Alcohol Beverage Control Board as a
restaurant for the purposes of this section, and the person enters and remains only for dining; or
3. The person is under the age of sixteen years, is accompanied by a person over the age of twenty-one years, the parent or guardian of the underaged person consents, the premises are designated by the Alcohol Beverage Control Board as a restaurant for the purposes of this section, and the person enters and remains only for dining.
B. Notwithstanding subsection A of this section, a licensee or an agent or employee of the licensee may refuse entry to a person under the age of twenty-one years to that part of licensed premises in which alcoholic beverages are sold, served, or consumed, may refuse service to a person under the age of twenty-one years, or may require a person under the age of twenty-one years to leave the portion of the licensed premises in which alcoholic beverages are sold, served, or consumed.
C. Notwithstanding any other provision of this section, a person between sixteen and nineteen years of age may enter and remain within the licensed premises of a hotel, restaurant, or eating place in the course of employment if:
1. The employment does not involve the serving, mixing, delivering, or dispensing of alcoholic beverages;
2. The person has the written consent of a parent or guardian; and
3. An exemption from the prohibition of AS 23.10.355 is granted by the Alaska Dept. of Labor. The Alcohol Beverage Control Board, with the approval of the Sitka Assembly and at the licensee’s request, shall designate which premises are hotels, restaurants, or eating places for the purposes of this subsection.
D. Notwithstanding any other provision in this section, a person nineteen or twenty years of age may be employed within the licensed premises of a hotel, restaurant or eating place, may enter and remain within those premises for the purpose of employment, but may not in the course of employment, sell, serve, deliver or dispense alcoholic beverages.
(Ord. 84-600 § 4 (part), 1984.)
10.84.050 Possession or consumption by persons under the age of twenty-one.
A. A person under twenty-one years of age may not knowingly consume, possess or control alcoholic beverages except those furnished persons under Section 10.84.051.
B. A person who violates subsection A of this section and who has not been previously convicted or received a suspended imposition of sentence under subsection (B)(1) of this section is guilty of minor consuming or in possession or control. Upon conviction in the district court, the court may:
1. Grant a suspended imposition of sentence under AS 12.55.085 and place the person on probation for one year or until the person is twenty-one years of age, whichever is later, if the person has not been convicted of a violation of this section previously; among the conditions of probation, the court shall, with the consent of a community diversion panel, refer the person to the panel, and require the person to comply with the conditions set by the panel, including counseling, education, treatment, community work, and payment of fees; in this section, “community diversion panel” means a youth court or other group selected by the court to serve as a sentencing option for a person convicted under this section; or
2. Shall impose a fine of at least two hundred dollars but not more than six hundred dollars, shall require the person to attend alcohol information school if the school is available, and shall place the person on probation under subsection E of this section; the court may suspend a portion of the fine imposed under this section that exceeds two hundred dollars if the person is required to pay for education or treatment required under subsection E of this section.
C. A person is guilty of repeat minor consuming or in possession or control if the person was placed on probation under subsection B of this section or has been previously convicted, and the person violates subsection A of this section. Upon conviction in the district court, the court shall:
1. Impose a fine of one thousand dollars and require at least forty-eight hours of community work;
2. Revoke the person’s driver’s license for three months;
3. Take possession of the person’s driver’s license; and
4. Suspend up to five hundred dollars of the fine and place the person on probation under subsection E of this section.
D. A person is guilty of habitual minor consuming or in possession or control if the person was placed on probation under subsection C of this section, or has been previously convicted twice, and the person violates subsection A of this section. Habitual minor consuming or possession or control is a class B misdemeanor. Upon conviction, the court may impose an appropriate period of imprisonment and fine and place the person on probation under subsection E of this section and shall:
1. Impose at least ninety-six hours of community work;
2. Revoke the person’s driver’s license for six months;
3. Within five working days, notify the agency responsible for the administration of motor vehicles laws of the revocation; and
4. Take possession of the person’s driver’s license.
E. The court shall place a person sentenced under subsection B, C or D of this section on probation for one year, or until the person is twenty-one years of age, whichever is later. The person may not refuse probation. The court may require the person to pay for and enroll in a juvenile alcohol safety program, if one is available. The court shall impose the following conditions of probation:
1. The person shall pay for and successfully complete any education or treatment recommended;
2. The person may not consume inhalants or possess or consume controlled substances, or alcoholic beverages, except as provided in Section 10.84.051;
3. The person shall timely complete any community work ordered, as provided in subsection F of this section; and
4. Other conditions the court considers appropriate.
F. A person ordered to perform community work under this section shall perform the work within one hundred twenty days of the entry of judgment for a conviction. The court may expand the time period for up to thirty days upon a showing of good cause. The person shall submit verification of completion of community work to the clerk of court on a form provided by the court. If the verification is not provided within the time period required in this subsection, the court shall, within thirty days, schedule further proceedings in the case to determine whether a violation of probation has occurred.
G. The treatment recommended by a juvenile alcohol safety action program for a person placed on probation under subsection E of this section may include a period of inpatient treatment if the judgment specifies the maximum period of inpatient treatment authorized. A person who has been recommended for inpatient treatment may make a written request to the sentencing court for review of the referral. A person shall make a request for review within seven days after the recommendation and shall specifically set out the grounds upon which the request for review is based. The court may order a hearing on the request for review.
H. The juvenile alcohol safety action program to which a person is referred under this section shall inform the court or a minor’s juvenile probation officer if the person fails to submit to evaluation or fails to complete successfully an education or treatment recommended. If the court finds that the person has failed to perform community work as ordered, to submit to an evaluation, or fails to complete successfully the education or treatment recommended, the court may impose the suspended fine, and may impose any period of suspended incarceration. If the person was convicted under subsection C or D of this section, the court shall revoke the person’s driver’s license for an additional period of six months beyond the imposed under subsection C or D of this section. A court revoking a person’s driver’s license under this subsection shall notify the agency responsible for the administration of motor vehicle laws of the revocation within five working days.
I. When considering the financial resources of a minor for the purpose of determining eligibility for court-appointed counsel under this section, the court shall consider the resources of both the defendant and the defendant’s parent or guardian, unless the court finds good cause to treat the defendant’s or the defendant’s parent’s or guardian’s resources as being unavailable to the defendant.
J. A driver’s license revocation under this section is consecutive to a revocation imposed under another provision of law, but is concurrent with a revocation under another provision of law based on a prior conviction, adjudication of delinquency, or informal adjustment under AS 47.12.060.
K. In this section:
1. “Driver’s license” has the meaning given in AS 28.40.100.
2. “Juvenile alcohol safety action program” means:
a. A juvenile safety action program developed and implemented by the Department of Health and Social Services under AS 47.37;
b. Any other alcohol education or treatment program approved by the Department of Health and Social Services under AS 47.37 if a program described in subsection (K)(2)(a) of this section is not available in the community in which the person resides; or
c. A program or counseling approved by the court if the program or treatment described in subsection (K)(2)(a) of this section is not available in the community where the person resides; “previously convicted” means a conviction or an adjudication as a delinquent for a violation of AS 11.71, 28.35.030, 28.35.032, 28.35.280 through 28.35.290, or a law or ordinance in another jurisdiction with substantially similar elements.
(Ord. 05-05 § 4(A), 2005.)
10.84.051 Furnishing of alcoholic beverages to persons under the age of twenty-one.
A. A person may not furnish an alcoholic beverage to a person under the age of twenty-one years.
B. This section does not prohibit the furnishing of an alcoholic beverage:
1. By a parent to his child, by a guardian to his ward, or by a spouse to his or her legal spouse if the furnishing occurs off licensed premises; or
2. By a licensed physician or nurse to a patient in the course of administering medical treatment.
(Ord. 84-600 § 4 (part), 1984.)
10.84.052 Furnishing of alcoholic beverages to persons under the age of twenty-one by licensees.
A licensee or an agent or employee of the licensee may not with criminal negligence:
A. Allow another person to sell, barter, or give an alcoholic beverage to a person under the age of twenty-one years within licensed premises;
B. Allow a person under the age of twenty-one years to enter and remain within licensed premises except as provided in Section 10.84.049;
C. Allow a person under the age of twenty-one to consume an alcoholic beverage within licensed premises;
D. Allow a person under the age of twenty-one years to sell or serve alcoholic beverages.
(Ord. 84-600 § 4 (part), 1984.)
10.84.060 Purchase by persons under the age of twenty-one.
A. A person under the age of twenty-one years may not purchase alcoholic beverages or solicit another to purchase alcoholic beverages for the person under the age of twenty-one.
B. A person may not influence the sale, gift, or service of an alcoholic beverage to a person under the age of twenty-one years, by misrepresenting the age of that person.
C. A person may not order or receive an alcoholic beverage from a licensee, an agent or employee of the licensee, or another person, for the purpose of selling, giving, or serving it to a person under the age of twenty-one years.
D. A person under the age of twenty-one years may not enter licensed premises where alcoholic beverages are sold and offer or present to a licensee or an agent or employee of the licensee a birth certificate or other written evidence of age, that is fraudulent or false or that is not actually the person’s own, or otherwise misrepresent the person’s age, for the purpose of inducing the licensee or an agent or employee of the licensee to sell, give, serve, or furnish alcoholic beverages contrary to law.
B. A person under the age of twenty-one who is seeking to enter and remain in a licensed premises under Section 10.84.049(A)(2) or (3) may not misrepresent the person’s age or having obtained the consent of the parent or guardian required by that section.
(Ord. 84-600 § 4 (part), 1984.)
10.84.070 Penalty.
Except for Section 10.84.050, violations of any section of this chapter shall be subject to a fine of not more than three hundred dollars. (Ord. 05-05 § 4(B), 2005: Ord. 84-600 § 4 (part), 1984.)