Section 04.21.080. Definitions.

   (a) In this title,
        (1) a person acts with "criminal negligence" with respect to a result or to a circumstance described by a provision of law defining an offense when the person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation;
        (2) 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 unaware 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;
        (3) a person acts "recklessly" with respect to a result or to a circumstance described by a provision of law defining an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation; a person who is unaware of a risk of which the person would have been aware had the person not been intoxicated acts recklessly with respect to that risk.
   (b) In this title,
        (1) "alcoholic beverage" means a spirituous, vinous, malt, or other fermented or distilled liquid, whatever the origin, that is intended for human consumption as a beverage and that contains one-half of one percent or more of alcohol by volume, whether produced commercially or privately; however, in an area that has adopted a local option under AS 04.11.491, "alcoholic beverage" means a spirituous, vinous, malt, or other fermented or distilled liquid, whatever the origin, that is intended for human consumption as a beverage by the person who possesses or attempts to possess it and that contains alcohol in any amount if the liquid is produced privately, or that contains one-half of one percent or more of alcohol by volume, if the liquid is produced commercially;
        (2) "board" means the Alcoholic Beverage Control Board;
        (3) "bottling" means to put into a bottle, can, or other container;
        (4) "community diversion panel" means a youth court or other group serving as a sentencing option for a person convicted under this title;
        (5) "community work" means and is limited to work on projects designed to reduce or eliminate environmental damage, protect the public health, or improve public land, forests, parks, roads, highways, facilities, or education; community work may not confer a private benefit on a person except as may be incidental to the public benefit;
        (6) "designated premises" means any or all designated portions of a building or structure, rooms or enclosures in the building or structure, or real estate leased, used, controlled, or operated by a licensee for the purpose for which the permit is issued by the board at the location of the site for which the permit is issued;
        (7) "director" means the director of the Alcoholic Beverage Control Board;
        (8) "distributing point" means a location where alcoholic beverages are distributed from a warehouse;
        (9) "drunken person" means a person whose physical or mental conduct is substantially impaired as a result of the introduction of an alcoholic beverage into the person's body and who exhibits those plain and easily observed or discovered outward manifestations of behavior commonly known to be produced by the overconsumption of alcoholic beverages;
        (10) "established village" means an area that does not contain any part of an incorporated city or another established village and that is
             (A) an unincorporated community that is in the unorganized borough and that has 25 or more permanent residents; or
             (B) an unincorporated community that is in an organized borough, has 25 or more permanent residents, and
                  (i) is on a road system and is located more than 50 miles outside the boundary limits of a unified municipality, or
                  (ii) is not on a road system and is located more than 15 miles outside the boundary limits of a unified municipality;
        (11) "foreign limited liability company" has the meaning given in AS 10.50.990;
        (12) "foreign limited liability partnership" has the meaning given in AS 32.06;
        (13) "half-keg" means a keg designed to be a bulk container for, and containing not more than, 15 1/2 gallons of malt beverages;
        (14) "juvenile alcohol safety action program" means
             (A) a juvenile alcohol safety action program developed and implemented or approved by the Department of Health and Social Services under AS 47.37;
             (B) any other alcohol education or treatment program approved by the Department of Health and Social Services under AS 47.37 if a program described in (A) of this paragraph is not available in the community in which the person resides; or
             (C) a program or counseling approved by the court if a program or treatment described in (A) of this paragraph is not available in the community where the person resides;
        (15) "licensed premises" means any or all designated portions of a building or structure, rooms or enclosures in the building or structure, or real estate leased, used, controlled, or operated by a licensee in the conduct of business for which the licensee is licensed by the board at the specific address for which the license is issued;
        (16) "limited liability company" means an organization under AS 10.50;
        (17) "limited liability organization" means a limited liability company, a foreign limited liability company, a limited liability partnership, or a foreign limited liability partnership;
        (18) "limited liability partnership" has the meaning given in AS 32.06;
        (19) "local governing body" means, as appropriate, a city council, a borough assembly, or a traditional village council, but does not include a corporation established under the Alaska Native Claims Settlement Act;
        (20) "manufacture" means the creation of alcoholic content by use of fermentation with natural or artificial sugar or yeast or distillation.

Authorities

9.65.315;11.71.120;28.15.021;28.15.183;28.15.211;28.33.190;28.35.029;45.45.770;47.37.045

Notes

Recent Bills that will modify this

SB 165 ALCOHOL: BOARD;MINORS;MARIJUANA CHECKS

References

15 AAC 160.480
3 AAC 304.650
AS 9.65.315 .315">Sec. 09.65.315. Damages resulting from driving the vehicle of a person under the influence of an alcoholic beverage.
AS 11.71.120 Authority to schedule controlled substances.
AS 28.15.021 Persons exempt from driver licensing.
AS 28.15.183 Administrative revocation of license to drive.
AS 28.15.211 Periods of limitation, suspension, revocation, or disqualification; opportunity for hearing and surrender of license.
AS 28.33.190 Definitions.
AS 28.35.029 Open container.
AS 45.45.770 Exemptions.
AS 47.37.045 Community action against substance abuse grants.

History

(Sec. 4 ch 131 SLA 1980; am Sec. 1 ch 75 SLA 1983; am Sec. 88 ch 74 SLA 1985; am Sec. 10, 11 ch 80 SLA 1986; am Sec. 2 ch 88 SLA 1989; am Sec. 1 ch 203 SLA 1990; am Sec. 57, 58 ch 101 SLA 1995; am Sec. 17 ch 74 SLA 1999; am Sec. 2, 3 ch 115 SLA 2000; am Sec. 5 ch 17 SLA 2006; am Sec. 4 ch 86 SLA 2010; am Sec. 8 ch 88 SLA 2010; am Sec. 12 ch 32 SLA 2016)