NOTICE OF ALCOHOLIC BEVERAGE CONTROL BOARD DISCUSSION AND REQUEST FOR PUBLIC INPUT FOR PROPOSED ARTICLES IN A NEW CHAPTER OF THE ALCOHOLIC BEVERAGE CONTROL BOARD UNDER TITLE 3 OF ALASKA ADMINISTRATIVE CODE
BRIEF DESCRIPTION
The Alcoholic Beverage Control Board proposes to adopt a new chapter (305) under Title 3 of the Alaska Administrative Code. The Articles affected by this notice are 3, 6 and 7. A board discussion will be taking place during the board’s May meeting on May 31, 2023, regarding the development of these regulations, written comments received, and hear oral comments.
The Alcoholic Beverage Control Board proposes to adopt a new chapter (305) under Title 3 of the Alaska Administrative Code. The Articles affected by this notice are 3, 6 and 7 dealing with Retail; Licenses; Endorsements and Permits, Provisions Applicable to More Than One License Type, and Alcohol Server Education Course, including the following:
Article 3 addresses:
300. License required
305. Seasonal restaurant or eating place tourism license
310. Determining available seasonal restaurant or eating place tourism licenses
315. Club license
320. Common carrier dispensary license
325. Beverage dispensary tourism licenses
330. Endorsements available to beverage dispensary and beverage dispensary tourism licenses
335. Restaurant endorsements
340. Endorsements available to package store licenses
345. Written or electronic orders
350. Wine clubs
355. Caterer’s permits
360. Art exhibit permits
365. Music festival permits
370. Colleges and universities
375. Permits available to package store licensees
380. Permits available to brewery retail, winery retail, and distillery retail licensees
385. Inventory resale permits
390. Permits available to nonprofit organizations
395. Conditional contractor’s permit
397. Definitions
Article 6 addresses:
600. Exercise of authority
605. Surrender of license
610. Prohibited financial interest; representative or owner; management agreements
615. Death of a sole licensee
620. Death of an individual with a controlling interest in a license issued to a business entity
625. Death of an individual with less than a controlling interest in a license issued to a business entity
630. Licensed premises
640. Seasonal license
650. Alternating licensed premises
655. Temporary de-designation of licensed premises
660. Overlapping licensed premises
665. Resealing wine served with a meal for removal from the licensed premises
670. Storing, warehousing, and transporting
680. Keg registration
690. Definitions
Article 7 addresses:
700. Alcohol server education course
The board will be discussing these drafts and the development of these regulations, consider received written public input, and receive oral input on these drafts on the second day of its May meeting on May 31, 2023. The board meeting will be in Anchorage and via Zoom https://amco-alaska-gov.zoom.us/j/82677929131?pwd=Q0xxUExkbVp4NzAydmxuSU1ycVhjZz09 .
Meeting ID: 826 7792 9131
Passcode: 775219
You may comment on the draft regulations, including the potential costs to private persons of complying with the proposed regulations, by submitting written comments to Alcohol and Marijuana Control Office at 550 W. 7th Avenue, Suite 1600, Anchorage, Alaska, 99501. Additionally, the Alcoholic Beverage Control Board will accept comments by electronic mail at amco.regs@alaska.gov .
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Kristina Serezhenkov at amco.regs@alaska.gov or at 907-269-0359 not later than May 22, 2023 to ensure that any necessary accommodations can be provided.
A copy of the proposed draft regulations is available on the Alaska Online Public Notice System and by contacting the Alcohol and Marijuana Control Office at amco.regs@alaska.gov
The Alcoholic Beverage Control Board will continue to seek public input on the remaining articles of 3 AAC 305. The board plans to meet in late June to submit the entire regulatory project to the public for public comment and final adoption by this Board.
Statutory authority: AS 04.06.080; 04.06.090; 04.06.100; 04.11.340; 04.11.400; Sec. 1, ch. 8, SLA2022; Sec. 171, ch. 8, SLA 2022.
Statutes being implemented, interpreted, or made specific: AS 04.06.050; AS 04.06.075 - .090; AS 04.06.100; AS 04.11.010; AS 04.11.040 - .055; AS 04.11.260 - .295; AS 04.11.310; AS 04.11.320 - .360; AS 04.11.370 – AS 04.11.400; AS 04.11.420 – AS 04.11.480; AS 04.11.510 - .520; AS 04.11.540 - .550; AS 04.11.670 - .680; Sec. 6, ch. 8, SLA 2022 – Sec. 8, ch. 8 SLA 2022; Sec. 12, ch. 8, SLA 2022 – Sec. 15, ch. 8, SLA 2022; Sec. 25, ch. 8, SLA 2022 – Sec. 44, ch. 8, SLA 2022; Sec. 46, ch. 8, SLA 2022 – Sec. 53, ch. 8, SLA 2022; Sec. 57, ch. 8, SLA 2022 – Sec. 68, ch. 8, SLA 2022; Sec. 73, ch. 8, SLA 2022 – Sec. 75, ch. 8, SLA 2022; Sec. 77, ch. 8, SLA 2022; Sec. 84, ch. 8, SLA 2022 – Sec. 88, ch. 8, SLA 2022.
The Alcohol and Marijuana Control Office keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the Alcoholic Beverage Control Board notices of proposed regulation changes. To be added to or removed from the list, send a request to the Alcohol and Marijuana Control Office at amco.regs@alaska.gov giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.
Individuals can also signup to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.
Date: May 9, 2023
Kristina Serezhenkov, Regulations Specialist 2