This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed.
 

Licensing and Enforcement – Alaska Alcoholic Beverage Control Board (ABC):

• Responsible for enforcement of rules and regulations over businesses licensed to sell and/or serve alcohol and alcoholic beverages.
• Also include enforcement of laws involving the sale, barter, manufacture, distribution and possession of alcohol and alcoholic beverages.
• Enforcement of possession, minor and intoxicated person laws.
• Licensing – application review, issuance, suspension, administrative action of licenses.
• Designating terms and restrictions on licenses/licensees.

Alcohol Sale and Possession Restrictions Geographically in Alaska:

• Some municipalities or communities within the State of Alaska have adopted laws or ordinances which restrict or prohibit the sales or possession of alcohol and/ or alcoholic beverages. Those who serve, sell or possess alcohol need to be aware of which geographic areas have specific requirements as there may be significant legal ramifications for non compliance. Review Title 04 for specifics.

Warning Signs in Alaska:

• Licensees must display warning signs informing patrons of the potential for health risks associated with alcohol consumption and smoking during pregnancy and the penalty for providing alcohol to a minor.
  • Sign #1: “WARNING: Drinking alcoholic beverages such as beer, wine, wine coolers, and distilled spirits or smoking cigarettes during pregnancy can cause birth defects.”
  • Sign #2: “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.”
• Signs will be supplied by the ABC upon request for the purpose of posting in a licensed establishment.
• Signs must be displayed in a conspicuous location viewable by persons who may be purchasing alcohol and alcoholic beverages.
• This is among any additional postings required by the ABC for a specific licensee.

Sales and Distribution Regulation in Alaska:

• Hours of alcohol service are limited to 8am to 5am. No alcohol or alcoholic beverages may be purchased, sold, consumed or possessed between the hours of 5am and 8am.
• Persons may remain on a licensed premise only for the purpose of the preparation for the following business day (stocking, rotating inventory, etc).
• Bona fide restaurants and eating places are allowed to remain open to serve food or non-alcoholic beverages only.
• Some municipalities have restrictions lowering or reducing the allowed time to serve and/or sell alcohol and alcoholic beverages. (Refer to the ABC for details).
• No alcohol may be given away for free as a marketing device.
• Do not sell, deliver or offer to sell alcohol at a price lower than the price charged to the general public.
• Do not sell, deliver or offer to sell an unlimited number of drinks for a fixed price for a specific period of time.
• Do not provide or deliver alcohol or an alcoholic beverage to a person already in possession of two beverages.
• It is allowed to offer alcoholic beverages as part of a meal package.

Alcohol and Drunken Persons in Alaska:

• ABC law has specific regulations as to what is expected of licensees and their employees with regard to “Drunken Persons”.
• The following are not allowed with regard to a “Drunken Person”: giving alcohol to; providing alcohol for; allowing another to provide alcohol for; bartering alcoholic beverages; permitting a drunken person to sell or serve alcohol; allowing to remain on the premises; allowing entry into the premises.

Minors - Persons Under 21 Years of Age:

• A person under the age of 21 years old may not enter or remain on a licensed premises unless they are accompanied by a parent or guardian, at least 16 years of age in a business deemed a bona fide eating place or restaurant and is there to dine, or if under 16 years of age is accompanied by a person over the age of 21 years old and there with the intention to dine.
• All licenses have the right to refuse entry or service to any persons under the age of 21 years old in an area of the business where alcohol is served, sold and/or consumed.
• Those 16 to 19 years of age will be allowed to be employed at a licensed establishment with the following stipulations: they may not mix, serve, dispense or deliver alcohol and alcoholic beverages; must have written consent from a parent or guardian; must have an exemption from the prohibition granted by the Dept. of Labor (contact the Dept. of Labor for this).
• Generally, it is a violation of the law for any person under the age of 21 years to possess, consume, or control alcohol and/or alcoholic beverages, but there are a few exceptions listed here:
  • A legal guardian or parent or the legal spouse of the legal guardian or parent may provide alcohol to a person under the age of 21 years old for consumption as long as the service does not occur at a licensed establishment.
  • A licensee or employee may be held criminally negligent for allowing a parent or guardian to provide alcohol to a minor while on the licensed premises.
  • A licensee or employee may be held criminally negligent for allowing a person under the age of 21 years old to remain on the premises, allowing entry to a licensed premises (unless for reasons as previously stated), to consume, serve and/or sell alcoholic beverages.
  • Room rental – a person may not rent a room in a motel, hotel or similar business for the purpose of providing alcohol to a person or persons under the age of 21 years old.
  • A person under the age of 21 years old may not purchase or request that another person purchase alcoholic beverage on their behalf.
  • Persons under the age of 21 years old may not provide false evidence of age.
  • Persons under the age of 21 years old may not attempt to misrepresent their age or provide false witness as to receiving parental or guardian consent in order to receive alcohol or alcoholic beverages.
  • No person shall attempt to influence the sale, gift or service of alcohol to a minor by misrepresenting that persons age.
  • No person shall receive, purchase or order alcoholic beverages from a licensee or employee for the purpose of providing that alcoholic beverage to a minor.

Identification and Proof of Age in Alaska:

• Alaska law requires that a licensee, agent or employee must verify age if they suspect that a person is a minor or is entering the premises illegally (under age w/o consent, not dining, ect).
• Licensee or agent must request proof of age as listed under the “Acceptable ID’s” section or proof of consent in a form determined by the Board. (Contact the ABC for details).
• If the licensee, agent or employee questions the identification provided, he or she to require the person providing suspected proof of age to sign a statement that the person is over the age of 21 or 16 when appropriate.

Acceptable Proof of Age – Identification in Alaska:

• Acceptable forms of identification include: a passport issued by the United States or Foreign Government, an ID card issued by a United States Government agency, a drivers license issued by any of the 50 states or an identification card issued by the same state agency that issues drivers licenses.
• All "valid" identification must contain a photograph of the bearer and a statement of the bearer's age or date of birth.
• Identification must be made of or incased in plastic (drivers license or state identification card)
• Licensees are to ensure that all staff are properly trained to receive a “statement of age” and are properly trained in procedural ID checking, proper age verification and examining a license or identification card.

Additional Information

During What hours may licensed businesses remain open?

The State's alcoholic beverage laws allow licensed businesses to remain open from 8am to 5am the following morning every day of the year except on election days. However the law also allows local governing bodies to limit hours of operation by ordinance. All of Alaska's larger cities and many of its smaller communities have adopted ordinances restricting operating hours. For the legal hours in a specific community contact ABC.

How soon before closing time is "last call"?

The law requires that at closing time no-one be present on the licensed premises except employees preparing for the next days business. It does not address when the last drink can be served. That is a determination that must be made by the individual licensee.

What are the rules for election days?

Licensed businesses must be closed on days when there is an election for a candidate for public office until after the polls close (normally 8pm). Local governing bodies may adopt ordinances exempting licensed businesses within their jurisdiction from this requirement.

Is it possible for a business to stay open after legal hours but not serve alcoholic beverages?

Businesses that the board identifies a “bona fide” restaurant may allow customers to enter and remain on their licensed premises for consumption of food and non-alcoholic beverages only. All other licensed businesses may not be open during "closed" hours.

Legal Age and Identification

What is the legal drinking age in Alaska?

21 years of age.

What is the minimum age for sellers/servers of alcoholic beverages?

21 years of age.

Under what circumstances can an underage person be present on licensed premises?

Persons under the age of 21 may not enter or remain on licensed premises unless accompanied by a parent, legal guardian or spouse over the age of 21 years. Not withstanding this rule, licensees may exclude underage persons from licensed premises at any time.

Are there any exceptions to this rule?

Yes, there are four exceptions:

Persons 18, 19 and 20 years of age may work on the licensed premises of hotels and restaurants but may not sell, serve or deliver alcoholic beverages.

Persons 16 and 17 years of age may be employed on the licensed premises of businesses the board has designated as "bona fide" restaurants with the written consent of their parent or legal guardian and an exemption certificate from the department of labor, but may not sell, serve or deliver alcoholic beverages.

Persons 16 years of age and above may enter licensed premises of businesses the board has designated as bona fide restaurants for the purpose of dining only.

Persons under the age of 16 may enter licensed premises of businesses the board has designated as "bona fide" restaurants for the purpose of dining only accompanied by a person over the age of 21 years with the consent of the underage person’s parent.

May underage persons employed on licensed premises clean tables that have containers with unconsumed portions of alcoholic beverages?

Yes, but the unconsumed alcoholic beverages must be disposed of in waste water or a waste container immediately.

Are there any situations when an underage person can legally possess and consume alcoholic beverages?

Yes, if the underage persons are not on licensed premises and the alcoholic beverages are provided by their parents, legal guardians or spouse over the age of 21 years.

Can an underage person possess and consume non-alcoholic beer or wine?

Yes, non-alcoholic beer and wine are not alcoholic beverages. Legally non-alcoholic beer and wine are no different than coffee, tea or soft drinks.

When should a licensee or licensee's employee or agent ask to see identification?

Although there are several situations when it may be appropriate to ask to see identification (such as when a customer is paying a bill by check), the only time that the alcoholic beverage laws require that ID be checked is when the licensee or the licensee's agent or employee is not sure that the customer is 21 years of age or older. In that situation the licensee may not serve that person or allow the person to remain on the licensed premises unless valid identification is produced.

What is "valid" identification?

A passport issued by the United States or Foreign Government, an ID card issued by a United States Government agency , a drivers license issued by any of the 50 states or an identification card issued by the same state agency that issues drivers licenses. All "valid" identification must contain a photograph of the bearer and a statement of the bearer's age or date of birth.

What are the penalties if an under age person attempts to use false ID to enter licensed premises and purchase alcoholic beverages?

A fine of not more than $5000.00 and imprisonment for up to 1 year additionally the law requires that the underage person’s driver’s license be revoked.

Licensing

What are the different kinds of licenses that operate at the retail level and what are the privileges that come with each?

Beverage dispensary, restaurant or eating place, club, pub, recreational site, common carrier dispensary and package store.

The beverage dispensary license allows the holder to sell all types of alcoholic beverages for consumption on the licensed premises only.

The restaurant or eating place license allows the owner of a bona fide restaurant to sell beer and wine for consumption on the licensed premises only.

The club license allows a private social, fraternal or patriotic organization to sell alcoholic beverages to its members for consumption on the licensed premises only.

A pub license allows the holder to sell beer and wine at a premises located on the campus of a college or university for consumption on the licensed premises only.

A recreational site license allows the sale of beer and wine at a recreational site during and one hour before and after a recreational event for consumption on designated areas of the site only.

A common carrier license allows the sale of alcoholic beverages aboard a vehicle, boat, aircraft or railroad buffet car licensed for passenger travel.

A package store license allows the holder to sell any kind of alcoholic beverages for consumption off the licensed premises.

How do I get a liquor license?

Licenses are issued based on population quota. Restaurant or eating place licenses are issued on the formula of one license for each 1500 of population within a political subdivision of the state. All other licenses are issued on a formula of one license for each 3000 of population.

Generally speaking except for restaurant or eating place licenses the quota for most licenses has been exhausted and no new licenses can be issued. Most licenses however are transferable. If you want to open your own business, you need to find someone that would be willing to transfer their license to you.

I just got here from (pick a state). I took the (pick an alcohol server training program) in that state. Why do I have to take the course again to work in the licensed beverage business in Alaska?

Alcoholic beverage laws differ from state to state. In Alaska licensees and their agents and employees must take an alcohol server training course within 30 days of employment. The course must be reviewed and approved by the ABC Board. The board will not approve a course unless it covers 16 specific areas of Alaska law. Courses approved in other states may have the same title but are not the same as the course taught in Alaska.

Rules & Regulations

Do I have to buy all my alcohol from licensed wholesalers?

No, you may purchase the alcoholic beverages that you intend to resell from licensed package stores as well as licensed wholesalers.

Can I include a bottle of wine with a meal package?

Alcoholic beverages can be included as a part of a meal package as long as the price of the meal package is at least the normal price of the alcoholic beverage.

Can a bartender drink while on duty?

The alcoholic beverage laws do not prohibit licensees or their agents or employees from drinking. However it is illegal for a drunken person to remain on licensed premises. So if a bartender became drunk the bartender could face criminal charges and the liquor license could be in jeopardy.

If I order a bottle of wine with dinner and don't finish it, can I take it home?

No, a person may not remove alcoholic beverages from licensed premises that were sold for consumption on the licensed premises

Can I bring my own wine to a restaurant and just pay a "corkage fee" to drink it with my meal?

Yes. Under a new law enacted in 1999 a licensee may allow a patron to bring wine into a restaurant to be consumed with a meal. The licensee may charge a corkage fee to open and pour the wine.

What are the rules on running drink specials?

Specials must run for the entire calendar week and be available at all time that the business is open. You may not sell alcoholic beverages for less than you paid for them. Free or complimentary drinks are illegal.

ALASKA DRAM SHOP LAW

AS 04.21.020. Civil Liability of Persons Providing Alcoholic Beverages.

(a)  Except as provided under (b) and (d) of this section, a person who provides alcoholic beverages to another person may not be held civilly liable for injuries resulting from the intoxication of that person unless the person who provides the alcoholic beverages holds a license authorized under AS 04.11.080 - 04.11.220 or is an agent or employee of such a licensee and

(1)  the alcoholic beverages are provided to a person under the age of 21 years in violation of AS 04.16.051 , unless the licensee, agent, or employee secures in good faith from the person a signed statement, liquor identification card, or driver's license meeting the requirements of AS 04.21.050 (a) and (b), that indicates that the person is 21 years of age or older; or

(2)  the alcoholic beverages are provided to a drunken person in violation of AS 04.16.030 .

(b)  A person who sells or barters an alcoholic beverage to another person in violation of AS 04.11.010 is strictly liable (1) to the recipient or another person for civil damages if, while under the influence of the alcoholic beverage, the person receiving the alcoholic beverage engages in conduct that results in civil damages and the recipient's being under the influence of the alcoholic beverage substantially contributes to the civil damages; and (2) for the cost to the state or a political subdivision of the state to criminally prosecute a person who receives an alcoholic beverage from a person who violates AS 04.11.010 if the prosecution results from the violation of AS 04.11.010 described in this subsection.

(c)  In an action under (b) or (d) of this section, it is not a defense that the person receiving the alcoholic beverage voluntarily consumed the alcoholic beverage or that the person receiving the alcoholic beverage was voluntarily under the influence of the alcoholic beverage.

(d)  A person who knowingly furnishes or delivers an alcoholic beverage to a person under 21 years of age in violation of AS

04.16.051 is civilly liable to the recipient or another person for civil damages if, while under the influence of the alcoholic.