Section 04.11.010. License or permit required; presumption concerning possession for sale.

   (a) Except as provided in AS 04.11.020, a person may not knowingly manufacture, sell, offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 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 AS 04.11.150 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 sale in violation of (a) of this section, 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-keg of malt beverages or 12 gallons or more of malt 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 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-keg of malt beverages or 12 gallons or more of malt 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 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.

Authorities

4.11.491; 4.16.025; 4.16.200;04.11.010; 4.16.220; 4.21.020;12.30.016;18.65.085;34.03.360

Notes

Recent Bills that will modify this

HB 185 ALCOHOLIC BEVERAGE CONTROL
SB 99 ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG

Implemented As

3 AAC 304.640
3 AAC 304.642
3 AAC 304.645
3 AAC 304.680
3 AAC 304.697
3 AAC 304.699

References

3 AAC 304.645
3 AAC 306.010
AS 4.11.491 .491">Sec. 04.11.491. Local options.
AS 4.16.025 .025">Sec. 04.16.025. Illegal presence on premises involving alcoholic beverages.
AS 4.16.200 .200">Sec. 04.16.200.
AS 4.16.200 .200">Sec. 04.16.200. Penalties for violations of AS 04.11.010 and 04.11.499.
AS 4.16.220 .220">Sec. 04.16.220. Forfeitures and seizures.
AS 4.21.020 .020">Sec. 04.21.020. Civil liability of persons providing alcoholic beverages.
AS 12.30.016 Release before trial in certain cases.
AS 18.65.085 Narcotic drugs and alcohol enforcement.
AS 34.03.360 Definitions.

History

(Sec. 2 ch 131 SLA 1980; am Sec. 1 ch 156 SLA 1988; am Sec. 2, 3 ch 101 SLA 1995; am Sec. 1, 2 ch 124 SLA 2004; am Sec. 1 ch 17 SLA 2006; am Sec. 2 ch 25 SLA 2007; am Sec. 1 ch 88 SLA 2010)