Section 04.11.491. Local options.

   (a) If a majority of the persons voting on the question vote to approve the option, a municipality shall adopt a local option to prohibit
        (1) the sale of alcoholic beverages;
        (2) the sale of alcoholic beverages except by one or more of the following listed on the ballot:
             (A) a restaurant or eating place licensee;
             (B) a beverage dispensary licensee;
             (C) a package store licensee;
             (D) a caterer holding a permit under AS 04.11.230 to sell alcoholic beverages at a site within the municipality who is also licensed under a beverage dispensary license for premises outside of the municipality;
             (E) a winery licensee; or
             (F) a winery licensee, except that sales may occur only to a person licensed under this title or in another state or country;
        (3) the sale of alcoholic beverages except on premises operated by the municipality and under a type of licensed premises listed on the ballot, that may include one or more of the following:
             (A) a restaurant or eating place license;
             (B) a beverage dispensary license; or
             (C) a package store license;
        (4) the sale and importation of alcoholic beverages; or
        (5) the sale, importation, and possession of alcoholic beverages.
   (b) If a majority of the persons voting on the question vote to approve the option, an established village shall exercise a local option to prohibit
        (1) the sale of alcoholic beverages;
        (2) the sale of alcoholic beverages except by one or more of the following listed on the ballot:
             (A) a restaurant or eating place licensee;
             (B) a beverage dispensary licensee;
             (C) a package store licensee;
             (D) a caterer holding a permit under AS 04.11.230 to sell alcoholic beverages at a site within the established village who is also licensed under a beverage dispensary license for premises outside of the established village;
             (E) a winery licensee; or
             (F) a winery licensee, except that sales may occur only to a person licensed under this title or in another state or country;
        (3) the sale and importation of alcoholic beverages; or
        (4) the sale, importation, and possession of alcoholic beverages.
   (c) A ballot question to adopt a local option under this section must at least contain language substantially similar to: "Shall (name of municipality or village) adopt a local option to prohibit (local option under (a) or (b) of this section)? (yes or no)."
   (d) The ballot for an election on the option set out in (a)(2)(A), (a)(3)(A), or (b)(2)(A) of this section must include a summary explanation of the authority to sell alcoholic beverages given to a restaurant or eating place under AS 04.11.100(a). The ballot for an election on the option set out in (a)(2)(B) or (D), (a)(3)(B), or (b)(2)(B) or (D) of this section must include a statement that a beverage dispensary license is commonly known as a "bar" and a summary explanation of the authority to sell alcoholic beverages given to a beverage dispensary licensee under AS 04.11.090(a). The ballot for an election on the option set out in (a)(2)(C), (a)(3)(C), or (b)(2)(C) of this section must include a statement that a package store license is commonly known as a "liquor store" and a summary explanation of the authority to sell alcoholic beverages given to a package store licensee under AS 04.11.150(a).
   (e) If a municipality dissolves under AS 29.06.450(a) or (b), a local option adopted by the municipality under (a) of this section shall continue in effect as the corresponding local option under (b) of this section for an established village having the same perimeter as the previous boundaries of the municipality. A license for premises operated by the municipality under AS 04.11.505 expires when the municipality dissolves.
   (f) A municipality or established village that has adopted a local option under (a)(1), (2), or (3) or (b)(1) or (2) of this section may designate a site for the delivery of alcoholic beverages to individuals in the area or a site for a person to bring alcoholic beverages if the alcoholic beverages are imported into the area. This subsection does not apply to the delivery or importation of
        (1) one liter or less of distilled spirits, two liters or less of wine, or one gallon or less of malt beverages; or
        (2) alcoholic beverages to a premises licensed under (a)(2) - (3) or (b)(2) of this section.
   (g) If a municipality or established village has adopted a local option under (a)(1), (2), (3), or (4), or (b)(1), (2), or (3) of this section, the municipality or established village, as part of the local option question or questions placed before the voters, may
        (1) adopt an amount of alcoholic beverages that may be imported that is less than the amounts set out in AS 04.11.150(g);
        (2) adopt an amount of alcoholic beverages that would give rise to a presumption that the person possessed the alcoholic beverages for sale; the amounts adopted under this paragraph may be lower than those set out in AS 04.11.010(c);
        (3) opt to not apply a class C felony to violations of AS 04.16.051 that apply solely by reason of the municipality or established village adopting a local option under this section.

Authorities

4.06.095; 4.11.010; 4.11.150; 4.11.320; 4.11.400; 4.11.493; 4.11.495; 4.11.497; 4.11.499; 4.11.501; 4.11.503; 4.11.505; 4.11.507; 4.11.508; 4.11.509; 4.16.020; 4.16.035; 4.16.051; 4.16.125; 4.16.200;04.11.010; 4.16.220; 4.21.010; 4.21.015; 4.21.080;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 304.625
3 AAC 304.640
3 AAC 304.642
3 AAC 304.645

References

3 AAC 304.625
3 AAC 304.640
3 AAC 304.642
3 AAC 304.645
6 AAC 27.165
6 AAC 27.170
AS 4.06.095 .095">Sec. 04.06.095. Statewide database.
AS 4.11.010 .010">Sec. 04.11.010. License or permit required; presumption concerning possession for sale.
AS 4.11.150 .150">Sec. 04.11.150. Package store license; permit for delivery to social events.
AS 4.11.320 .320">Sec. 04.11.320. Denial of new licenses and permits.
AS 4.11.400 .400">Sec. 04.11.400. Population limitations.
AS 4.11.493 .493">Sec. 04.11.493. Change of local option.
AS 4.11.495 .495">Sec. 04.11.495. Removal of local option.
AS 4.11.497 .497">Sec. 04.11.497. Effect on licenses of prohibition of sale.
AS 4.11.499 .499">Sec. 04.11.499. Prohibition of importation or purchase after election.
AS 4.11.501 .501">Sec. 04.11.501. Prohibition of possession after election.
AS 4.11.503 .503">Sec. 04.11.503. Effect on licenses of restriction on sale.
AS 4.11.505 .505">Sec. 04.11.505. Licensing after prohibition on sale except in premises operated by municipality.
AS 4.11.507 .507">Sec. 04.11.507. Procedure for local option elections.
AS 4.11.508 .508">Sec. 04.11.508. Establishment of perimeter of established village.
AS 4.11.509 .509">Sec. 04.11.509. Notice of the results of a local option election.
AS 4.16.020 .020">Sec. 04.16.020. Solicitation of alcoholic beverages; purchase on behalf of another.
AS 4.16.035 .035">Sec. 04.16.035. Possession of ingredients for homebrew in certain areas.
AS 4.16.051 .051">Sec. 04.16.051. Furnishing or delivery of alcoholic beverages to persons under the age of 21.
AS 4.16.125 .125">Sec. 04.16.125. Alcoholic beverages transported by common carrier.
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 4.21.010 .010">Sec. 04.21.010. Municipal regulation and taxation.
AS 4.21.015 .015">Sec. 04.21.015. Private manufacture of alcoholic beverages.
AS 4.21.080 .080">Sec. 04.21.080. Definitions.
AS 18.65.085 Narcotic drugs and alcohol enforcement.
AS 34.03.360 Definitions.

History

(Sec. 21 ch 101 SLA 1995; am Sec. 1, 2 ch 121 SLA 1998; am Sec. 3 ch 63 SLA 2001; am Sec. 4 ch 124 SLA 2004)