Chapter 3.05
ALCOHOLIC BEVERAGES

Sections:

3.05.010    Advisory board—Established—Membership.

3.05.020    Advisory board—Powers and authority.

3.05.030    Prohibitions.

3.05.035    Sale of intoxicating beverages permitted.

3.05.040    Hours of sale.

3.05.050    Sale of nonbeverage items.

3.05.060    Off-duty police.

3.05.070    Consumption in public places—Exceptions.

3.05.080    Definitions.

3.05.090    Violation—Penalty.

3.05.010 Advisory board—Established—Membership.

(a) There is established a Nome alcoholic beverage advisory board consisting of five members appointed for overlapping three-year terms. The mayor shall appoint the members of the board, subject to confirmation by the city council. The first board shall consist of one member appointed for a term of one year, two members appointed for terms of two years, and two members appointed for terms of three years. Successors to the members of the first board shall be appointed for three-year terms.

(b) All members of the board shall be residents of the city during the term of their appointment. Two members of the board may be actively engaged in the alcoholic beverage industry. No member of the board may hold any other municipal, state or federal office, either elective or appointive. No three members of the board may be engaged in the same business, occupation or profession.

(c) Three members of the board constitute a quorum for the conduct of business. The board shall meet at least once each year, and at such other times as directed by the city council. (Ord. O-93-6-6 § 1 (part), 1994)

3.05.020 Advisory board—Powers and authority.

(a) The board shall conduct studies and investigations to insure the proper administration of municipal liquor regulations in a manner that will protect the public health, safety and welfare, and shall report to the city council at least one time each year.

(b) The board shall be advisory by nature, and shall possess none of the legal powers or authorities of the city unless specifically delegated by ordinance hereafter. (Ord. O-93-6-6 § 1 (part), 1994)

3.05.030 Prohibitions.

(a) It is unlawful for any person to give, barter or sell any intoxicating liquors to a person under the age of twenty-one years.

(b) It is unlawful for any person to give, barter or sell any intoxicating liquors to any person who, within the normal powers of observation, appears to be intoxicated. For purposes of this subsection, a person appears to be intoxicated when he or she exhibits any symptom or symptoms that indicate substantial loss of control of physical or mental faculties, including but not limited to, bloodshot eyes, slurred speech, clumsiness, drowsiness, heavy odor of alcoholic beverages, or undue or abnormal excitation or suppression of the passions of feelings.

(c) It is unlawful for a licensee to permit the giving, selling, bartering or drinking of any intoxicating liquor within premises covered by an Alaska license to or be either a minor or a person who, within the normal powers of observation, appears to be intoxicated.

(d) It is unlawful for any person to permit a minor to enter or remain upon licensed premises unless he or she is accompanied by his or her parent, guardian or spouse who has attained the age of twenty-one years. However, a person eighteen years of age or older may enter and remain upon licensed premises in the course of his or her employment as a musician, entertainer or busboy. In addition, a person under the age of twenty-one years may enter and remain upon licensed premises that are also recognized as a restaurant, for the purpose of dining or dancing, if accompanied by his or her parent, guardian or spouse who has attained the age of twenty-one years, or by the parent or guardian of any other minor also present, or by any other adult with the consent of the minor’s parent or guardian.

(e) It is unlawful for a minor to solicit the purchase, attempt to purchase, otherwise secure or attempt to secure, or to possess, intoxicating liquor.

(f) It is unlawful for a minor to enter a licensed premises and offer or present to a licensee, his or her employee, or agent, or a law enforcement officer, a document or statement that does not represent the true age of the minor.

(g) It is unlawful for a person upon a licensed premises, upon demand of the person in charge of such premises or of a law enforcement officer, to refuse to produce identification sufficient to prove that he or she is twenty-one years of age or older. For the purpose of this subsection, a state of Alaska identification card issued pursuant to AS 18.65.310, or a valid Alaska driver’s license or other identification card, when such a card is made of or enclosed in plastic and contains a photograph of the license holder and a statement of his age or date of birth, is acceptable as proof of age.

(h) It is unlawful for a person to influence or attempt to influence the selling, giving or serving of intoxicating liquor to a minor, or to order, request, receive or procure intoxicating liquor from any person for the purpose of selling, giving or serving the intoxicating liquor to a minor.

(i) It is unlawful for any licensee, or his or her employees or agents, to sell intoxicating liquor other than for cash, paid promptly after the verbal or written solicitation for purchase has been received within his or her licensed premises, except that a hotel, boarding house or inn which offers lodging may sell intoxicating liquor to persons lodging there and include the charge for the beverage with the bill for the lodging, to be paid at the time the customer pays for the lodging. In this subsection, “cash” means money or its equivalent, including negotiable paper or credit card voucher.

(j) It is unlawful for a licensee, or his or her employees or agents, to permit the drinking of intoxicating liquors by any person upon the premises covered by his or her license, unless it is permitted under the classification of said license.

(k) It is unlawful for a licensee, or his or her employees or agents, other than a person employed as a bartender, waiter or waitress, or combination entertainer-waiter or entertainer-waitress, to solicit, encourage or procure the purchase of intoxicating liquor on the licensed premises.

(l) It is unlawful for a licensee, or his or her employees or agents, to permit intoxicating liquor sold for consumption on the premises to be removed from the premises.

(m) It is unlawful to carry or transport an open container of intoxicating liquor on the public streets, alleys, parks or other public places, except that an open container of intoxicating liquor may be carried in a vehicle in a locked trunk or other secured location inaccessible to drivers and passengers of the vehicle.

(n) It is unlawful to consume intoxicating liquor on the public streets, alleys, parks or other public places, except as otherwise provided in Section 3.10.050. (Ord. O-93-6-6 § 1 (part), 1994)

3.05.035 Sale of intoxicating beverages permitted.

The provisions of AS 04.16.070(a) do not apply within the limits of the city when elections are being held. (Ord. 11-01-07 § 2, 2011)

3.05.040 Hours of sale.

(a) No person may consume, sell, offer for sale, give, furnish or deliver from an authorized licensee of a package store license any intoxicating liquor on any such licensed package store premises between the hours of ten p.m. and eleven a.m. on Mondays through Saturdays, and between the hours of ten p.m. and one p.m. on Sundays.

(b) No person may consume, sell, offer for sale, give, furnish or deliver from an authorized licensee of any type of license provided in AS 04.11.080(1) through (6) and (8) through (20), any intoxicating liquor on any such licensed premises between the hours of two a.m. and ten a.m. on Mondays through Fridays, three a.m. and ten a.m. on Saturdays, and three a.m. and one p.m. on Sundays.

(c) The exception to subsections (a) and (b) of this section shall be from the day the first dog team arrives in the city from the Iditarod Dog Sled Race until the day of the Iditarod Banquet, from the first day of the Iditarod Basketball Tournament until the day of the Iditarod Basketball Banquet, from the first day of the Iditarod Dart Tournament and Iditarod Pool Tournament until the day of the Iditarod Dart and Iditarod Pool Tournament Championship Game, and on New Year’s Eve, when liquor establishments except package store license holders are authorized to remain open until five a.m. on the following day; provided, however, that no exception period described above shall exceed five days in total. On the Sunday of the Bering Sea Open Golf Tournament and on the Sunday known as “Super Bowl Sunday,” liquor establishments described in subsection (b) of this section are authorized to open at ten a.m.

(d) The council may provide by resolution for other exceptions to subsection (b) of this section; provided, however, that no exception period under this section shall exceed five days in total. Exceptions authorized under this provision expire upon completion of any exception period. Permanent exceptions must be adopted by ordinance. (Ord. 11-01-07 § 3, 2011; Ord. O-99-1-7 § 2, 1999; Ord. O-93-6-6 § 1 (part), 1994)

3.05.050 Sale of nonbeverage items.

(a) No person shall solicit or engage in the sale, barter or exchange of any item on the licensed premises, except that the licensee, or his or her employees or agents, may sell intoxicating liquors, other beverages, food items prepared on or for the licensed premises, tobacco supplies and the use of legal game equipment.

(b) It is unlawful for a licensee, his or her employees or agents, to permit a person who violates subsection (a) of this section to remain upon the licensed premises. If the licensee, or his or her employees or agents, has actual or constructive knowledge of a violation of subsection (a) of this section, he or she permits that person to remain if he or she fails to demand that that person leave the premises, of if such a demand is refused, fails to notify the Nome police department or Alaska State Troopers. As used in this subsection, “constructive knowledge” means the awareness a licensee, or his or her employees or agents, could have through the diligence in the operation of the licensed premises.

(c) The licensee premises occupied by a holder of a retail license or a beverage dispensary license or a roadhouse license shall not be connected by a door, opening or other means of passage for the purpose of sales or for the purpose of passage by the general public to any other retail business establishment. (Ord. O-93-6-6 § 1 (part), 1994)

3.05.060 Off-duty police.

No off-duty law enforcement officer shall enter any licensed premises with a firearm in his or her possession. Officers engaged in surreptitious or undercover duties may enter licensed premises with a firearm, provided such a designation as surreptitious or undercover duties has been approved previously by a superior officer, and has been logged previously in an appropriate duty book as surreptitious or undercover law enforcement duties. (Ord. O-93-6-6 § 1 (part), 1994)

3.05.070 Consumption in public places—Exceptions.

The city manager shall promulgate regulations governing the service and consumption of intoxicating liquor at group functions conducted in city parks and at municipal buildings and facilities. The regulations shall require that a permit be obtained and shall set qualifications for the issuance of a permit. All proposed regulations shall be approved by resolution by the city council. It shall be unlawful for any person to violate the regulations promulgated under this section. (Ord. O-93-6-6 § 1 (part), 1994)

3.05.080 Definitions.

As used in this chapter:

“Intoxicating liquor” means whiskey, brandy, rum, gin, wine, ale, porter, beer and all other spirituous, venous, malt or other fermented or distilled liquors intended for human consumption and containing more than one percent alcohol by volume.

“Licensed premises” means premises licensed under AS 04.11.080.

“Licensee” means the holder of any type of license classified by AS 04.11.080, any person responsible for the lawful conduct of the business licensed and all persons acting as agents or employees on the licensed premises.

“Minor” means any person under twenty-one years of age.

“Open container” means any original container or package without the internal revenue strip stamp intact upon the container or package; any original container or package that has been opened at least once since retaining purchase; and any container or package other than the original container or package. (Ord. O-93-6-6 § 1 (part), 1994)

3.05.090 Violation—Penalty.

(a) A person who violates any provision of this chapter is guilty of a violation, and upon conviction is punishable by a fine of not more than five hundred dollars plus any surcharge required to be imposed by AS 12.55.039. Each violation is a separate offense.

(b) The provisions of AS 04.16.180 relating to penalties for violations of that title of Alaska Statutes apply also with respect to penalties for violation of any of the provisions of this chapter of the city of Nome Code of Ordinances adopted under the authority of AS 04.21.010.

(c) Upon conviction of a licensee for a violation of any provision of this chapter, the judge having jurisdiction shall send a notification of conviction together with a certified copy of the transcript of the trial proceeding and conviction to the Alaska Alcoholic Beverage Control Board. (Ord. O-99-11-3 § 3, 1998; Ord. O-99-11-2 § 2, 1998; Ord. O-98-1-3, 1998; Ord. O-93-6-6 § 1 (part), 1994)