Section 04.21.065. Posting of warning signs.

   (a) A holder of one of the following types of licenses or permits shall post on the licensed or designated premises three separate warning signs as described in (b) of this section:
        (1) beverage dispensary license;
        (2) restaurant or eating place license;
        (3) club license;
        (4) brewery license; this paragraph applies only to a brewery that permits a person to sample portions of the brewery's product;
        (5) package store license;
        (6) common carrier dispensary license;
        (7) recreational site license;
        (8) pub license;
        (9) winery license; this paragraph applies only to a winery that permits a person to sample portions of the winery's product;
        (10) distillery license; this paragraph applies only to a distillery that permits a person to sample portions of the distillery's product;
        (11) caterer's permit;
        (12) special events permit;
        (13) conditional contractor's permit;
        (14) another license or permit issued by the board authorizing consumption of alcoholic beverages.
   (b) The warning signs required by (a) of this section must be at least 11 inches by 14 inches, and the lettering must be at least one-half inch high and in contrasting colors. The first sign must read, "WARNING: Drinking alcoholic beverages such as beer, wine, wine coolers, and distilled spirits or smoking cigarettes during pregnancy can cause birth defects." The second sign must read, "WARNING: A person who provides alcoholic beverages to a person under 21 years of age, if convicted under AS 04.16.051, could be imprisoned for up to five years and fined up to $50,000." The third sign must read, "WARNING: An unaccompanied person under 21 years of age who enters these premises in violation of law may, under AS 04.16.049(e), be civilly liable for damages of $1,500." The license or permit holder shall display the first and second signs in a manner that would make them conspicuous to a person who will be purchasing or consuming alcoholic beverages or smoking cigarettes on the licensed or designated premises and shall conspicuously display the third sign at each door through which customers enter the licensed premises.
   (c) The board shall furnish a sign required under this section to a person who requests it with the intention of displaying it.
   (d) A peace officer may issue a citation for a violation of this section. The provisions of AS 12.25.175 - 12.25.230 apply to the issuance of a citation under this subsection.
   (e) An employee of the board designated by the board to enforce this section may issue a citation for a violation of this section regardless of whether the violation was committed in the employee's presence. A citation issued under this subsection must be in the same form and shall be processed in the same manner as a citation issued by a peace officer under (d) of this section. An employee of the board may not arrest a person for a violation of this section.
   (f) A holder of a license or permit who violates this section is guilty of a violation as defined in AS 11.81.900(b) and upon conviction is punishable by a fine of not less than $20 nor more than $300. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation.
   (g) The supreme court shall establish a schedule of bail amounts for violations of this section. The bail amount may not exceed the maximum fine that may be imposed for the violation under (f) of this section. The bail amount for a violation must appear on the citation.
   (h) If a person cited for a violation under this section does not contest the citation, the person may, on or before the 30th day after the date of the citation, mail or personally deliver to the clerk of the court in which the citation is filed
        (1) the amount of bail indicated on the citation for the violation; and
        (2) a copy of the citation indicating that the right to an appearance is waived, a plea of no contest is entered, and the bail is forfeited.
   (i) When bail has been forfeited under (h) of this section, a judgment of conviction shall be entered. Forfeiture of bail is a complete satisfaction for the violation. The clerk of the court accepting the bail shall provide the violator with a receipt stating that fact if requested.
   (j) A person cited under this section is guilty of failure to obey a citation under AS 12.25.230 if the person fails to pay the bail amount established under (g) of this section or to appear in court as required.
   (k) The board or any affected party may institute an action in the superior court to enjoin repeated violations of this section.
   (l) Notwithstanding AS 04.11.370, the board is not required to suspend or revoke a license or permit for a violation of this section; however, the board may consider a violation of this section when determining under AS 04.11.370(a)(2) whether continuation of activities authorized under a license or permit would be in the best interests of the public.

Authorities

4.16.180

Notes

Recent Bills that will modify this

SB 165 ALCOHOL: BOARD;MINORS;MARIJUANA CHECKS

References

AS 4.16.180 .180">Sec. 04.16.180. Penalties for violation.

History

(Sec. 2 ch 81 SLA 1989; am Sec. 1 ch 70 SLA 1990; am Sec. 1 ch 67 SLA 1991; am Sec. 3, 4 ch 46 SLA 1994; am Sec. 1 ch 25 SLA 1995; am Sec. 56 ch 101 SLA 1995; am Sec. 2, 3 ch 87 SLA 2001; am Sec. 4 - 6 ch 29 SLA 2010; am Sec. 2 ch 9 SLA 2014; am Sec. 4 ch 82 SLA 2014; am Sec. 10 ch 32 SLA 2016)