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Alaska Statutes.

Title 4. Alcoholic Beverages

Chapter 16. Regulation of Sales and Distribution

Section 180. Penalties For Violation.

AS 04.16.180. Penalties For Violation.

(a) [See delayed repeal note] Except as provided in AS 04.11.015, 04.11.150 (g), AS 04.16.025 , 04.16.050, 04.16.051, 04.16.200 - 04.16.210, and AS 04.21.065 , a person who violates a provision of this title or a regulation adopted by the board is guilty, upon conviction, of a class A misdemeanor. Each violation is a separate offense.

(b) [See delayed amendment note] A suspension or revocation of a license ordered by the board under AS 04.11.370 (a)(4) and (5) shall be as follows:

(1) on first conviction the license of the premises involved may not be revoked, but may be suspended for not more than 45 days;

(2) on second conviction the license of the premises involved may not be revoked, but may be suspended for not more than 90 days;

(3) on third conviction the license of the premises involved may be suspended or revoked.

(c) This section does not affect the authority of the board to suspend or revoke a license when the board determines that continuance of activities under a license would not be in the best interests of the public.

(d) [See delayed repeal note] In addition to other penalties provided in this chapter, the court may require a person convicted of an offense under this chapter who was less than 21 years of age at the time the person committed the offense to pay for and enroll in a juvenile alcohol safety action program if one is available.

(e) [Effective January 1, 2024.] In addition to the criminal penalties specified in this title and AS 12.55, a holder of a license under this title who is convicted of a crime or offense involving the violation of a provision of this title or a regulation adopted under this title is subject to suspension or revocation of the license under this section and other administrative penalties imposed by the board. For purposes of administrative penalties under this subsection, each violation is a separate offense.

(f) [Effective January 1, 2024.] The holder of a license subject to suspension or revocation under (b)(2) or (3) of this section may request a hearing to petition the board to reduce the administrative penalty. The board may reduce the administrative penalty if the licensee shows, by a preponderance of the evidence, that

(1) the licensee complied with the alcohol server education course requirement of AS 04.21.025 and adopted and enforced a compliance program and a disciplinary program for agents and employees of the licensee;

(2) the licensee has a pattern and practice of exercising the degree of care required under AS 04.16.030;

(3) the licensee posted warning signs as required under AS 04.21.065; and

(4) in the case of a conviction for a violation of AS 04.16.030 or 04.16.052, the agent or employee convicted under AS 04.16.030 or 04.16.052 completed an alcohol server education course under AS 04.21.025.

(g) [See delayed amendment note] In this section, the terms "second conviction" and "third conviction" include only convictions for violations that occur within five years of the first conviction. The terms refer to the cumulative number of convictions of a licensee of any combination of violations of the provisions of this title, regulations adopted under this title, or ordinances adopted under AS 04.21.010 . The terms "second conviction" and "third conviction" include a conviction of the agent or employee of a licensee of a violation of a law, regulation, or ordinance if the conviction constitutes a ground for suspension or revocation under AS 04.11.370(a)(5).