Chapter 9.16
ALCOHOLIC BEVERAGES
Sections:
9.16.010 Carrying or transportation.
9.16.030 Carrying, transportation or possession of alcoholic beverages on or in city property.
9.16.040 Violation by city employee.
9.16.050 Violations – Civil forfeiture.
9.16.010 Carrying or transportation.
It is unlawful for any person to carry upon his person or otherwise transport intoxicating liquor or beverage within the city unless such liquor or beverage is in the original container provided by the manufacturer; and further provided, that the container is in an unopened or sealed-on condition. (Ord. 88-7 §3(part))
9.16.020 Public intoxication.
It is unlawful for an intoxicated person to enter or loiter:
A. Upon any public street or park, or upon public school property, or in any building owned or operated by the city, or in any public school building;
B. In or upon the premises of any business establishment, if the owner or person in charge of the business establishment has asked the person to leave; or
C. In or about any residence or other real property which is not owned or normally occupied by the person, to the annoyance of the owner or occupants. (Ord. 89-10 §4(part))
9.16.030 Carrying, transportation or possession of alcoholic beverages on or in city property.
A. It is unlawful for any person to carry or transport any alcoholic beverage onto any real property owned by the city, or into any building owned or operated by the city, unless the person shall first have obtained the written consent of the mayor or his designee.
B. It is unlawful for any person to possess any alcoholic beverage on any real property owned by the city, or any building owned or operated by the city, unless the person shall first have obtained the written consent of the mayor or his designee.
C. The provisions of this section do not apply to alcoholic beverages or to persons while on the land or within the building in the area occupied by or necessarily used in connection with the alcohol delivery site operated pursuant to Chapter 8.15. (Ord. 99-1A §3; Ord. 89-10 §4(part))
9.16.040 Violation by city employee.
A. A city employee who is charged with a violation of Section 9.16.030, or with a violation of Section 9.16.010 or 9.16.020(A) committed on real property owned by the city, or in any building owned or operated by the city, shall be subject to the personnel actions applicable under the city employment policies and procedures to an employee charged with the commission of a crime that did not take place on the job.
B. A city employee who is convicted of a violation of Section 9.16.030, or of a violation of Section 9.16.010 or 9.16.020(A) committed on real property owned by the city or in any building owned or operated by the city, is subject to the disciplinary procedures set out in the city employment policies and procedures. If the duties of the convicted employee include supervision of minors, the employee shall, in addition, if he or she continues to be employed by the city, be transferred to a position which does not involve such supervision. (Ord. 89-10 §4 (part))
9.16.050 Violations – Civil forfeiture.
A. Alcohol carried or transported in violation of this chapter and seized as evidence shall be forfeited under the following circumstances:
1. Actual or constructive notice is given to the owner of the liquor so seized that a forfeiture action will be taken; and
2. Judgment is issued by a court of competent jurisdiction in a proceeding in rem that the liquor was used in a manner subjecting it to forfeiture under this section.
B. Alcoholic beverages possessed in violation of Section 9.16.030 and seized as evidence shall be forfeited upon entry of judgement.
C. Property forfeited under this section shall be placed in the custody of the North Slope Borough police department for disposition according to an order of court. The court shall order destroyed any liquor forfeited under this section. (Ord. 94-22 §4(part): Ord. 89-10 §3; Ord. 88-7 §3 (part): Ord. 85-7 §3)
9.16.060 Definitions.
For the purposes of this chapter, the following words and phrases shall have the following meanings:
A. “Alcoholic beverage” means an alcoholic beverage as defined by AS 04.21.080(b)(1).
B. “Intoxicated person” means a person who is a drunken person as defined by AS 04.21.080(b)(8), or who is intoxicated as defined by AS 11.81.900(b)(34).
C. 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 aware 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. (Ord. 94-22 §4(part): Ord. 89-10 §4(part))