Chapter 8.44
ALCOHOLIC LIQUOR
Sections
8.44.020 Public possession or consumption of intoxicating liquor
8.44.030 Sale or disposition of alcoholic beverages to drunken persons
8.44.041 Possession or consumption by persons under the age of 21
8.44.042 Furnishing of alcoholic beverages to persons under the age of 21
8.44.043 Furnishing of alcoholic beverages to persons under the age of 21 by licensees
8.44.044 Purchase by persons under the age of 21
8.44.060 Exception for those 19 years of age or older as of December 31, 1983
8.44.070 Protective custody—fee established
For statutory provisions regulating sales and distribution of alcoholic beverages, see AS 04.16; regarding general provisions, see AS 04.21 and AS 29.35.080; for provisions regarding intoxicating liquor, see Chapter 5.12 KCC.
8.44.020 Public possession or consumption of intoxicating liquor
(a) No person may consume an intoxicating liquor in or upon a public place.
(b) No person may possess an intoxicating liquor in an open container in or upon a public place.
(c) As used in this section, the following definitions shall apply:
“Open container” means a bottle, can, or similar receptacle in which intoxicating liquor is dispensed or sold, that has been opened or from which the tax seal has been removed or broken and any glass, mug, or other receptacle from which the intoxicating liquor is readily accessible for consumption.
“Public place” means a public street, sidewalk, alley, or park, a state or municipal building or associated grounds, municipal harbor facilities, and stores or establishments doing business with the public and not authorized to sell intoxicating liquor for consumption on the premises.
(d) A violation of this section shall be punishable by a sentence of up to 10 days in jail and a fine of up to $500.00 plus any surcharge required to be imposed by AS 29.25.072.
(e) A person arrested for a violation of this section shall be entitled to release from custody upon posting $250.00 cash bail. [Ord. 1081 §7, 1998; Ord. 991 §2, 1994; Ord. 987 §1, 1994; Ord. 491 §2, 1977]
8.44.030 Sale or disposition of alcoholic beverages to drunken persons
A licensee, agent, or employee of the licensee may not with criminal negligence:
(a) Sell, give, or barter alcoholic beverages to a drunken person;
(b) Allow another person to sell, give, or barter an alcoholic beverage to a drunken person within licensed premises;
(c) Allow a drunken person to enter and remain within licensed premises or to consume an alcoholic beverage within licensed premises; or
(d) Permit a drunken person to sell or serve alcoholic beverages. [Ord. 607 §2, 1981]
8.44.041 Possession or consumption by persons under the age of 21
A person under the age of 21 years may not knowingly consume, possess, or control alcoholic beverages except those furnished persons under KCC 8.44.042(b) or AS 04.16.051(b). [Ord. 712 §8, 1984; Ord. 607 §3, 1981]
8.44.042 Furnishing of alcoholic beverages to persons under the age of 21
(a) A person may not furnish an alcoholic beverage to a person under the age of 21 years.
(b) This section does not prohibit the furnishing of an alcoholic beverage:
(1) By a parent to his or her child, by a guardian to his or her 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.
(c) Acts unlawful under AS 11.51.130 are not made legal by subsection (b) of this section. [Ord. 712 §9, 1984; Ord. 607 §3, 1981]
8.44.043 Furnishing of alcoholic beverages to persons under the age of 21 by licensees
A licensee, or the agent or employee of a 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 21 years within licensed premises;
(b) Allow a person under the age of 21 years to enter and remain within licensed premises except as provided in KCC 5.12.120 or AS 04.16.049;
(c) Allow a person under the age of 21 years to consume an alcoholic beverage within licensed premises; or
(d) Allow a person under the age of 21 years to sell or serve alcoholic beverages. [Ord. 712 §10, 1984; Ord. 607 §3, 1981]
8.44.044 Purchase by persons under the age of 21
(a) A person under the age of 21 years may not purchase or attempt to purchase alcoholic beverages or solicit to purchase alcoholic beverages on his or her behalf.
(b) A person may not influence the sale, gift, or service of an alcoholic beverage to a person under the age of 21 years by misrepresenting the age of that person.
(c) A person may not order or receive an alcoholic beverage from any other person, for the purpose of selling it to a person under the age of 21 years.
(d) A person under the age of 21 years may not enter licensed premises where alcoholic beverages are sold and offer or present to a licensee, or the agent or employee of a licensee, a birth certificate or other written evidence of age, which is fraudulent or false, or which is not actually their own, or otherwise misrepresent their age, for the purpose of inducing the licensee, or the agent or employee of a licensee to sell, give, serve, or furnish alcoholic beverages contrary to law.
(e) A person who has attained the age of 21 years accompanying a person under the age of 21 who is seeking to enter and remain in a licensed premises under KCC 5.12.120(c) may not misrepresent having obtained the consent of the parent or guardian of the person under the age of 21 years. [Ord. 712 §11, 1984; Ord. 607 §3, 1981]
8.44.050 Definitions
(a) For the purpose of this chapter:
(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 they fail 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 they are aware that their 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 they actually believe it does not exist; a person who is unaware of conduct or a circumstance of which they would have been aware had they not been intoxicated acts knowingly with respect to that conduct or circumstance.
(b) For the purposes of this chapter:
“Alcoholic beverage” includes, but is not limited to, whiskey, brandy, rum, gin, wine, ale, porter, beer, and all other spirituous, vinous, malt, and other fermented or distilled liquors intended for human consumption and containing more than one percent alcohol by volume.
“Drunken person” means a person whose physical or mental conduct is substantially impaired as a result of the introduction of any alcoholic beverage into their 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.
“Licensed premises” means any or all designated portions of a building or structure or real estate leased, used, controlled, or operated by a licensee in the conduct of business for which they are licensed by the State of Alaska Alcoholic Beverage Control Board at the specific address for which the license is issued.
“Licensee” means any person holding a license or required to be licensed pursuant to AS 04.11.010(a). [Ord. 607 §4, 1981]
8.44.060 Exception for those 19 years of age or older as of December 31, 1983
Notwithstanding any other provisions of this chapter regarding age limitations, any person born on or before December 31, 1964, may be present upon licensed premises and may possess, consume, receive, or purchase alcoholic beverages if otherwise allowed under AS 04, and a person may serve, deliver, dispense, furnish, or sell alcoholic beverages to a person born on or before December 31, 1964, if otherwise allowed under the provisions of AS 04. [Ord. 712 §12, 1984]
8.44.070 Protective custody—fee established
A person who has been placed in protective custody by the Kodiak police department pursuant to AS 47.37.170, and placed in the Kodiak jail or any other facility owned or operated by the city of Kodiak, shall be charged a fee for the protective custody services so provided. The amount of the fee shall be established from time to time by resolution of the city council. In addition to the foregoing fee, a person placed in protective custody shall be liable to the city of Kodiak for the cost of medical care, ambulance service, or other special services rendered in connection with the protective custody. [Ord. 948, 1992]