Section 04.11.501. Prohibition of possession after election.

   (a) If a majority of the voters vote to prohibit the possession of alcoholic beverages under AS 04.11.491(a)(5) or (b)(4), a person may not knowingly possess an alcoholic beverage in the municipality or established village, unless the alcoholic beverage is sacramental wine to be used for bona fide religious purposes based on tenets or teachings of a church or religious body, is limited in quantity to the amount necessary for religious purposes, and is dispensed only for religious purposes, by a person recognized by the church or religious body as authorized to dispense the wine.
   (b) If there are licensed premises within the municipality or established village, the prohibition on possession is effective beginning 90 days after the results of the election are certified. If there are no licensed premises within the municipality or established village, the prohibition on possession is effective beginning 60 days after the results of the election are certified.
   (c) Upon the adoption by a municipality of a local option under AS 04.11.491(a)(5), an ordinance is adopted containing the provisions of this section.
   (d) In this section, "possession" means having physical possession of or exercising dominion or control over an alcoholic beverage, but does not include having an alcoholic beverage within the digestive system of a person.

Authorities

4.16.205;04.11.501; 4.16.220;29.20.270;29.25.070

Notes

Recent Bills that will modify this

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

References

AS 4.16.205 .205">Sec. 04.16.205.
AS 4.16.205 .205">Sec. 04.16.205. Penalties for violations of AS 04.11.501 and related ordinances.
AS 4.16.220 .220">Sec. 04.16.220. Forfeitures and seizures.
AS 29.20.270 Veto.
AS 29.25.070 Penalties.

History

(Sec. 25 ch 101 SLA 1995)