5.08.110 Operation of licensed premises.
A. Except as otherwise provided in this section, the operations procedures set forth in subsection B of this section shall apply to all persons seeking the issuance, renewal or transfer of any license issued by the Board by virtue of AS Title 4 and other applicable provisions of law allowing the sale or service of alcoholic beverages. Subsection (B)(1) of this section shall not apply to persons seeking the issuance, transfer or renewal of licenses issued under AS Title 4 which do not authorize the sale or service of alcoholic beverages for consumption on the premises licensed.
B. Persons seeking the issuance, transfer or renewal of licenses issued by the Board under AS Title 4 and other applicable provisions of law shall comply with the following operations procedures:
1. Happy Hours. The city adopts AS 04.16.015, Pricing and marketing of alcoholic beverages.
2. Public Transportation. Licensees shall make available to their patrons access to means of public transportation or permit patrons to make arrangements for transportation off the premises.
3. Notice of Penalties. Operators shall place, at conspicuous locations within licensed premises, a clear and legible sign describing applicable penalties for driving under the influence, and for service or sale of alcoholic beverages to minors or intoxicated persons.
4. Availability of Nonalcoholic Drinks. Operators shall have nonalcoholic drinks available for their patrons.
5. Compliance Determination. In order to determine whether applicants seeking the issuance, renewal or transfer of alcoholic beverage licenses have complied with the provisions of this chapter, applicants shall, at the request of the city, submit to the city manager (or their designee) an alcoholic beverage licensee compliance form. Upon request, operators shall also provide the city manager with certificates from all current employees demonstrating that those employees have successfully completed a liquor service awareness training program such as the program for techniques in alcohol management (T.A.M.) as approved by the Board.
6. Warning Signs for Impoundment and Forfeiture of Vehicles Seized Pursuant to an Arrest for or Charge of Driving under the Influence or Refusal to Submit to Chemical Tests. Upon adoption of a municipal code allowing for the forfeiture, operators shall display at conspicuous places in licensed premises two (2) signs warning that vehicles are seized in cases of driving under the influence or refusal to submit to chemical tests. One of these warning signs shall be at least eleven (11) inches by fourteen (14) inches in size, and must read, in lettering at least one-half (1/2) inch high and in contrasting colors or black and white, “DRIVE UNDER THE INFLUENCE – LOSE YOUR CAR.” The sign described in the preceding sentence must carry a logo or illustration approved by the chief of police or their designee which shows an automobile being towed. The second warning sign shall be at least eleven (11) inches by fourteen (14) inches and must read, in letters at least one-quarter (1/4) inch high and in contrasting colors or black and white:
WARNING: IF YOU DRIVE UNDER THE INFLUENCE OR LET ANYONE DRIVE YOUR VEHICLE UNDER THE INFLUENCE, YOU WILL LOSE YOUR VEHICLE. The police SEIZE cars and trucks driven by intoxicated drivers. A vehicle will be IMPOUNDED for 30 days for the driver’s first DUI offense. A vehicle will be FORFEITED if the driver has been convicted of DUI in the past ten (10) years.
7. Warning Signs Required Other. The city adopts AS 04.21.065(b).
C. Mandatory Identification Check in the Retail Sale of Alcoholic Beverages.
1. Any person ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure alcoholic beverage shall present a valid Alaska driver’s license or valid Alaska identification card as proof of age and that the person is not restricted from purchasing alcoholic beverages.
2. If a person is unable to present a valid Alaska driver’s license or valid Alaska identification card, the agent may elect to accept a passport, military identification card or other government issued identification but only when the person provides a signed statement indicating the individual is twenty-one (21) years of age or over or is not restricted from purchasing alcoholic beverages. The signed statement shall be retained by the vender for a period of ninety (90) days.
3. An ongoing pattern of noncompliance with the mandatory identification check required by this code may result in review of the conditions of use or may result in the revocation of a special use permit previously approved by the city council. Action by the city council on licensee’s special use permit under this section shall be in addition to any criminal or civil penalty applicable to the individual making the sale without performing the mandatory identification check.
D. Security Personnel. Each premises licensed under AS 04.11.090, Beverage dispensary license, shall employ at least one (1) person who shall be on duty between 8:00 p.m. and the closing hour of the licensed premises. Each premises licensed under AS 04.11.150, package store license, shall employ at least one (1) person who shall be on duty at least two (2) hours prior to closing and one (1) hour following the closing of the licensed premises. This person shall not be the bartender on duty, and shall be on duty for the express purpose of maintaining order within the establishment and assuring compliance, by the clientele, with the provisions of this chapter.
E. Security Cameras. At least one (1) thirty (30) day time-lapse security camera is required to be installed and properly maintained in the interior of the building at all locations licensed under AS 04.11.150, package store license. The cameras must be able to capture all sales transactions. To the extent allowed by law, the establishment operators may be required to provide any tapes or other recording media from the security camera to the police department.
F. Premises to Be Cleared upon Closing. Upon closing, licensees shall clear alcoholic beverage establishment of all persons, other than necessary employees, within fifteen (15) minutes after the closing hours.
G. Age Limit Signs to Be Exhibited. All licensees shall cause to remain displayed upon the premises and in the entrance to the premises of their establishments a conspicuous sign in a prominent place visible from outside the establishment, which shall in substance state: “No person under the age of twenty-one (21) years permitted. Any such person will be prosecuted to the full extent of the law.” Excepting that licensed establishments regularly serving meals may modify the sign in accordance with the provisions of this chapter and AS Title 4. [Ord. 19-14 § 2, 2019; Ord. 15-32 § 2.]