Chapter 5.08
ALCOHOLIC BEVERAGES
Sections:
5.08.010 Sale, etc., of alcoholic beverages to certain persons prohibited.
5.08.020 Access of persons under the age of twenty-one to licensed premises.
5.08.030 Purchase, possession, etc., by minors prohibited.
5.08.040 Consumption of intoxicating liquor in certain places prohibited.
5.08.050 Limitation on number of licenses.
5.08.070 Election day sales permitted.
5.08.080 Application of state law.
5.08.010 Sale, etc., of alcoholic beverages to certain persons prohibited.
A. No person shall sell, furnish, give or deliver any alcoholic beverage to any person who is intoxicated or who is under the age of twenty-one years.
B. The burden shall at all times be on the licensee and his employees to determine the age or sobriety of any patron. (Ord. 08-10 § 1 (part): prior code § 3-1)
5.08.020 Access of persons under the age of twenty-one to licensed premises.
A. A person under the age of twenty-one years may not knowingly enter or remain in premises licensed under this chapter unless:
1. Accompanied by a parent, guardian or spouse who has attained the age of twenty-one years;
2. The person is at least sixteen years of age, the premises are designated by the Alcoholic Beverage Control Board as a restaurant for the purposes of this section, and the person enters and remains only for dining; or
3. The person is under the age of sixteen years, is accompanied by a person over the age of twenty-one years, the parent or guardian of the underaged person consents, the premises are designated by the Alcoholic Beverage Control Board as a restaurant for the purposes of this section, and the person enters and remains only for dining.
B. Notwithstanding subsection A of this section, a licensee or an agent or employee of the licensee may refuse entry to a person under the age of twenty-one years to the part of licensed premises in which alcoholic beverages are sold, served, or consumed, may refuse service to a person under the age of twenty-one years, or may require a person under the age of twenty-one years to leave the portion of the licensed premises in which alcoholic beverages are sold, served, or consumed.
C. Notwithstanding any other provision of this section, a person sixteen or seventeen years of age may enter and remain within the licensed premises of a hotel, restaurant or eating place in the course of employment if: (1) the employment does not involve the serving, mixing, delivering or dispensing of alcoholic beverages; (2) the person has the written consent of a parent or guardian; and (3) an exemption from the prohibition of AS 23.10.355 is granted by the Department of Labor and Workforce Development. The board, with the approval of the governing body having jurisdiction and at the licensee’s request, shall designate which premises are hotels, restaurants, or eating places for the purposes of this subsection.
D. Notwithstanding any other provision in this section, a person eighteen, nineteen or twenty years of age may be employed within the licensed premises of a hotel, restaurant or eating place, may enter and remain within those premises for the purpose of employment, but may not in the course of employment sell, serve, deliver or dispense alcoholic beverages.
E. The burden shall at all times be on the licensee and his employees to determine the age of any patron. (Ord. 08-10 § 1 (part): prior code § 3-2)
5.08.030 Purchase, possession, etc., by minors prohibited.
No person under the age of twenty-one years shall attempt to purchase or otherwise secure, consume or have in his possession any alcoholic beverage. (Ord. 08-10 § 1 (part): prior code § 3-3)
5.08.040 Consumption of intoxicating liquor in certain places prohibited.
A. No person shall consume any intoxicating liquor on any public street, sidewalk, or in any city park or recreational facility.
B. The parks and recreation director, with approval of the police chief, may grant exceptions to subsection A of this section. An application for a waiver must be completed and submitted to the parks and recreation director no less than five working days prior to the scheduled event. (Ord. 08-10 § 1 (part): Ord. 95-11; prior code § 3-4)
5.08.050 Limitation on number of licenses.
The number of liquor licenses permitted within the city shall not exceed those permitted under AS 04.11.400. (Ord. 18-04 § 1: Ord. 08-10 § 1 (part): prior code § 3-4.1)
5.08.060 Hours of sale.
No person may consume, sell, offer for sale, give, furnish or deliver any alcoholic beverage on any licensed premises within the city between the hours of two a.m. to eight a.m. each day of the week. (Ord. 18-04 § 2: Ord. 08-10 § 1 (part): prior code § 3-4.2)
5.08.070 Election day sales permitted.
The provisions of Section 04.16.070(a) of the Alaska Statutes do not apply within the city when elections are being held, and a licensed premises located within the city may remain open on election days. (Ord. 08-10 § 1 (part): prior code § 3-4.3)
5.08.080 Application of state law.
Except as otherwise provided in this chapter, the provisions of Title 4 of the Alaska Statutes relating to the regulation of alcoholic beverages shall apply and are hereby incorporated by reference as though fully set forth herein. (Ord. 08-10 § 1 (part))