AS Title 4, Chapter 16: Regulation of Sales and Distribution

Article 1. Prohibited Acts. Chapter 16. Regulation of Sales and Distribution. Sec. 04.16.010. Hours of sale and presence on licensed premises (standard closing hours). (a) A person may not sell, offer for sale, give, furnish, deliver, or consume an alcoholic beverage on premises licensed under this title between the hours of 5:00 a.m. and 8:00 a.m. each day. (b) A licensee, an agent, or employee may not permit a person to consume alcoholic beverages on the licensed premises between the hours of 5:00 a.m. and 8:00 a.m. each day. (c) Except as provided in (e) of this section, a licensee, an agent, or an employee may not permit a person to enter and a person may not enter premises licensed under this title between the hours of 5:00 a.m. and 8:00 a.m. each day, unless the person is (1) on the premises to conduct business with the licensee, agent, or employee, and the licensee, agent, or employee is in compliance with (a) and (b) of this section; (2) a common carrier with a common carrier dispensary license under AS 04.09.260 ; (3) an employee of the licensee who is on the premises to prepare for the next day's business; (4) performing maintenance or improvements authorized by the licensee; or (5) on the premises to consume food or nonalcoholic beverages and the premises are (A) licensed under a restaurant or eating place license issued under AS 04.09.210 or a seasonal restaurant or eating place tourism license issued under AS 04.09.360 ; or (B) covered under a restaurant endorsement issued under AS 04.09.450 . (d) A municipality may provide for additional hours of closure under AS 04.21.010 . (e) A brewery, winery, or distillery retail licensee or an agent or employee of a brewery, winery, or distillery retail licensee may not permit a person to enter or remain on and a person may not enter or remain on a premises licensed under this title between the hours of 9:30 p.m. and 9:00 a.m. each day, unless the person is (1) on the premises to conduct business with the licensee, agent, or employee, and the licensee, agent, or employee is in compliance with (a) and (b) of this section; (2) an employee of the licensee who is on the premises to prepare for the next day's business; or (3) performing maintenance or improvements authorized by the licensee. (f) A person who violates (a), (b), (c), or (e) of this section is guilty of a violation. Sec. 04.16.015. Pricing and marketing of alcoholic beverages. (a) On premises where alcoholic beverages are sold by the drink, a licensee or a licensee's agent or employee may not (1) offer or deliver, as a marketing device to the general public, free alcoholic beverages to a patron, except as provided for the holder of a manufacturer sampling endorsement under AS 04.09.410 or a package store sampling endorsement under AS 04.09.490 ; (2) deliver an alcoholic beverage to a person already possessing two or more; (3) sell, offer to sell, or deliver alcoholic beverages to a person or group of persons at a price less than the price regularly charged for the beverages during a consecutive seven-day period, except at private functions not open to the general public; (4) sell, offer to sell, or deliver an unlimited number of alcoholic beverages to a person or group of persons during a set period of time for a fixed price; (5) sell, offer to sell, or deliver alcoholic beverages to a person or group of persons on any one day at prices less than those charged the general public on that day, except at private functions not open to the general public; (6) encourage or permit an organized game or contest on the licensed premises that involves drinking alcoholic beverages or the awarding of alcoholic beverages as prizes. (b) A licensee or a licensee's agent or employee may not advertise or promote in any way, either on or off the premises, a practice prohibited under (a) of this section. (c) This section may not be construed as prohibiting a licensee or a licensee's agent or employee from offering free food or entertainment at any time, from serving wine by the bottle or carafe or beer by the pitcher with or without meals, or from including an alcoholic beverage as part of a meal package. (d) Notwithstanding (a) and (b) of this section, a licensee or a licensee's agent or employee when acting as a caterer may offer or deliver free alcoholic beverages to a political, charitable, or educational group or organization. (e) A person who violates this section is guilty of a violation. Sec. 04.16.017. Trade practices. (a) A person holding a license under AS 04.09.020 , 04.09.030, 04.09.040, 04.09.100, or 04.09.110 or engaged in the alcoholic beverage industry in another state or country as a brewer, vintner, distiller, or importer, or as an agent of a brewer, vintner, distiller, or importer, may not, except as provided in regulations adopted by the board under (b) of this section, induce a person holding a license under this title to (1) operate as a tied house by inducing a retailer engaged in the sale of alcoholic beverages to purchase products from an entity to the exclusion, in whole or in part, of products sold or offered for sale by other entities by (A) furnishing, giving, renting, lending, or selling to the retailer equipment fixtures, signs, supplies, money, services, or other things of value, except those excluded in regulation and determined to be not contrary to the public interest or contrary to the intent of this subsection; (B) paying or crediting the retailer for an advertising, display, or distribution service; (C) guaranteeing a loan or the repayment of a financial obligation of the retailer; (D) extending to the retailer credit for a period in excess of the credit period usual and customary to the industry for the particular class of transactions; or (E) requiring the retailer to take and dispose of a certain quota of the products; (2) operate as an exclusive outlet by requiring that a retailer engaged in the sale of alcoholic beverages purchase products from an entity to the exclusion, in whole or in part, of alcoholic beverages sold or offered for sale by other entities; (3) purchase products from an entity to the exclusion, in whole or in part, of products sold or offered for sale by other entities by (A) commercial bribery; or (B) offering or giving any bonus, premium, or compensation to an officer, employee, or representative of the licensee; (4) enter into an agreement for consignment sales, or to purchase, offer to purchase, or contract to purchase products on consignment, under conditional sale, or with the privilege of return on any basis other than a bona fide sale, or where part of the transaction involves, directly or indirectly, the acquisition by an entity from the licensee, or the entity's agreement to acquire from the licensee, other alcoholic beverages, except that this paragraph does not apply to transactions involving solely the return of merchandise for ordinary and usual commercial reasons arising after the merchandise has been sold. (b) The board shall adopt regulations providing exceptions to the practices listed under (a) of this section that are (1) consistent with federal law at the time of the effective date of this section; (2) necessary to avoid practical difficulty or undue hardship on a licensee; (3) in the best interests of the public; and (4) consistent with the requirements of this title. (c) The board shall adopt regulations establishing administrative penalties for a violation of this section. (d) In this section, “commercial bribery,” “consignment sales,” “exclusive outlet,” and “tied house” have the meanings given in 27 U.S.C. 205 and regulations adopted under that section. Sec. 04.16.020. Solicitation of alcoholic beverages; purchase on behalf of another. (a) A person may not pay or receive from another a salary, percentage, or commission to solicit or encourage a patron of licensed premises to purchase alcoholic or other beverages for a person other than the patron. (b) A licensee, an agent, or employee may not knowingly permit a person to loiter within or about premises licensed under this title for the purpose of begging or soliciting a patron or visitor to purchase alcoholic or other beverages for the person who is begging or soliciting. (c) A person may not purchase alcohol by written order on behalf of another person who resides in a municipality or established village that has adopted a local option under AS 04.11.491 (a)(5) or (b)(4). (d) A person who violates a provision of this section commits the offense of unauthorized solicitation or purchase of alcoholic beverages. (e) Unauthorized solicitation or purchase of alcoholic beverages is a violation and is punishable by a fine of $100. Sec. 04.16.022. Online sale and purchase of alcoholic beverages. (a) A licensee or a licensee's agent or employee may not sell or offer to sell alcoholic beverages to the public online unless the licensee holds a manufacturer direct shipment license issued under AS 04.09.370 or a package store shipping endorsement under AS 04.09.460 . (b) A person may not purchase alcoholic beverages online except from the holder of a manufacturer direct shipment license issued under AS 04.09.370 or a package store shipping endorsement under AS 04.09.460 . (c) A person who violates (a) of this section is, upon conviction, guilty of a class A misdemeanor. (d) A person who violates (b) of this section is guilty of a violation. Sec. 04.16.025. Illegal presence on premises involving alcoholic beverages. (a) A person may not knowingly enter or remain on premises (1) in which alcoholic beverages are manufactured, sold, offered for sale, possessed for sale or barter, trafficked in, or bartered in violation of (A) AS 04.09.060 , AS 04.09.800 , or AS 04.11.010 ; or (B) a municipal ordinance adopted under AS 04.21.010 (a) or (b); or (2) licensed under this title during hours in which the person's presence on the premises is a violation of a municipal ordinance adopted under authority of AS 04.16.010 (d) providing for hours of closure that are outside the hours of closure prescribed by AS 04.16.010 (c) or (e). (b) A person who violates this section is guilty of a violation. Sec. 04.16.030. Prohibited conduct relating to drunken persons. (a) A licensee, an agent, or employee may not with criminal negligence (1) sell, give, or barter alcoholic beverages to a drunken person; (2) allow another person to sell, give, or barter an alcoholic beverage to a drunken person within licensed premises; (3) allow a drunken person to enter and remain within licensed premises or to consume an alcoholic beverage within licensed premises; (4) permit a drunken person to sell or serve alcoholic beverages. (b) A person receiving compensation for transporting alcoholic beverages may not knowingly deliver alcoholic beverages to a drunken person. (c) The holder of a license is strictly and vicariously liable for an offense committed under (d) of this section by an employee or agent of the licensee on the licensed premises, punishable by an administrative penalty of $250. Notwithstanding AS 04.11.370 (a)(4) and (5) and AS 04.16.180 (b)(1), the board may not order suspension of the license for the first violation committed on the licensed premises under this section. (d) A person who violates this section commits the offense of prohibited conduct relating to a drunken person. (e) Prohibited conduct relating to a drunken person is a violation, punishable by a fine of $500. (f) A licensee who knowingly allows an agent or employee of the licensee to commit the offense of prohibited conduct relating to a drunken person under (d) of this section commits the crime of failure to ensure compliance relating to a drunken person. (g) Failure to ensure compliance relating to a drunken person is a class A misdemeanor. Sec. 04.16.035. Possession of ingredients for homebrew in certain areas. (a) A person residing in an area that has adopted a local option under AS 04.11.491 may not possess sugar, artificial sugar, malt, yeast, or any other material or equipment with the intent to use the material or equipment to create an alcoholic beverage. (b) A person who knowingly violates this section commits the crime of possession of ingredients for homebrew. (c) Possession of ingredients for homebrew is a class A misdemeanor. Sec. 04.16.040. Access of drunken persons to licensed premises. (a) A drunken person may not knowingly enter or remain on premises licensed under this title. (b) A person who violates this section commits the offense of prohibited access by a drunken person. (c) Prohibited access by a drunken person is a violation. Sec. 04.16.045. Obligation to enforce restrictions in licensed premises. (a) A licensee, an agent, or employee may not permit the consumption of alcoholic beverages by any person within licensed premises unless it is permitted by the license. (b) A person who violates this section commits the offense of permitting consumption not authorized under a license. (c) Permitting consumption not authorized under a license is a violation. Sec. 04.16.047. Access of persons with restriction on purchasing alcoholic beverages. (a) A person who is restricted from purchasing alcoholic beverages under AS 04.16.160 may not knowingly enter or remain in premises licensed under this title to obtain or consume alcoholic beverages. (b) A licensee may bring a civil action against a person who violates this section if the violation occurs on the premises of that licensee. If judgment is entered in favor of the licensee, the court shall award civil damages in the amount of $1,000 and award reasonable costs and reasonable attorney fees allowed under the Alaska Rules of Civil Procedure. (c) Nothing in this section or AS 04.16.160 creates a duty or imposes an obligation on a licensee to physically check the identification of any person entering licensed premises. (d) A person who is restricted from purchasing alcoholic beverages under AS 04.16.160 who knowingly violates (a) of this section commits the crime of entering or remaining on licensed premises. (e) Entering or remaining on licensed premises is a class A misdemeanor. Sec. 04.16.049. Access of persons under the age of 21 to licensed premises. (a) A person under 21 years of age may not knowingly enter or remain in premises licensed under this title unless (1) accompanied by a parent, guardian, or spouse who has attained 21 years of age; (2) the person is allowed to enter and remain on the premises under a restaurant or eating place license issued under AS 04.09.210 , seasonal restaurant or eating place tourism license issued under AS 04.09.360 , or restaurant endorsement issued under AS 04.09.450 ; (3) the person is permitted on the premises under a club license issued under AS 04.09.220 (g) or former AS 04.11.110 (g); or (4) otherwise provided under (c), (d), or (g) of this section. (b) Notwithstanding (a) of this section, a licensee or an agent or employee of the licensee may refuse entry to a person under 21 years of age to that part of licensed premises in which alcoholic beverages are sold, served, or consumed, may refuse service to a person under 21 years of age, or may require a person under 21 years of age to leave the portion of the licensed premises in which alcoholic beverages are sold, served, or consumed. (c) Notwithstanding any other provision in this section, a person 16 or 17 years of age may enter and remain within the licensed premises of a hotel or motel, large resort, golf course, general wholesaler, limited brewed beverage and wine wholesaler, common carrier dispensary, outdoor recreation lodge, or restaurant 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. (d) Notwithstanding any other provision in this section, a person 18, 19, or 20 years of age may be employed within the licensed premises of a hotel or motel, large resort, golf course, general wholesaler, limited brewed beverage and wine wholesaler, common carrier dispensary, outdoor recreation lodge, or restaurant, 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) A licensee may bring a civil action against a person who violates this section if the violation occurs on the premises of that licensee. If judgment is entered in favor of the licensee, the court shall award civil damages in the amount of $1,500 and award reasonable costs and reasonable attorney fees allowed under the Alaska Rules of Civil Procedure. (f) A person under 21 years of age does not violate this section if the person enters or remains on premises licensed under this title at the request of a peace officer, if the peace officer accompanies, supervises, or otherwise observes the person's entry or remaining on premises, and the purpose for the entry or remaining on premises is to assist in the enforcement of this section. (g) Notwithstanding any other provision in this section, a person under 21 years of age may be present on licensed premises on a golf course for the purpose of playing golf or attending golf-related activities if the person (1) is at least 16 years of age; or (2) is under 16 years of age and (A) the person is accompanied by a person who is at least 21 years of age; and (B) a parent or guardian of the underaged person consents. (h) Notwithstanding any other provision in this section, a person under 21 years of age may be present on the licensed premises of a common carrier dispensary, destination resort, or outdoor recreation lodge for the purpose of travel, travel lodging, or outdoor recreation activities provided by the licensee if the person is (1) at least 16 years of age; or (2) under 16 years of age and a parent or legal guardian of the underaged person consents. (i) A person under 21 years of age who knowingly enters or remains on premises licensed under this title except as allowed in this section commits the offense of unauthorized presence by a person under 21 years of age on licensed premises. (j) Unauthorized presence by a person under 21 years of age on licensed premises is a violation, punishable by a fine of $500. The violation must be charged and filed with the court as a separate case and may not be combined or joined with any other minor offense or criminal charge in one action at the time of filing. A court may reduce the fine to $50 for a person who has not more than one previous violation or to $250 for a person who has two or more previous violations if the person provides the court, not later than six months after a judgment of conviction is entered, with proof of completion of (1) an alcohol safety action program or a juvenile alcohol safety action program developed, designated, or approved by the Department of Health under AS 47.37 ; or (2) a community diversion panel. Sec. 04.16.050. Possession, control, or consumption by persons under 21 years of age. (a) A person under 21 years of age may not knowingly consume, possess, or control alcoholic beverages except those furnished to persons under AS 04.16.051 (b). (b) A person under 21 years of age who knowingly consumes, possesses, or controls an alcoholic beverage other than an alcoholic beverage furnished under AS 04.16.051 (b) commits the offense of minor consuming or in possession or control. (c) Minor consuming or in possession or control is a violation, punishable by a fine of $500. The violation must be charged and filed with the court as a separate case and may not be combined or joined with any other minor offense or criminal charge in one action at the time of filing. A court may reduce the fine to $50 for a person who has not more than one previous violation or to $250 for a person who has two or more previous violations if the person provides the court, not later than six months after a judgment of conviction is entered, with proof of completion of (1) an alcohol safety action program or a juvenile alcohol safety action program developed, designated, or approved by the Department of Health under AS 47.37 ; or (2) a community diversion panel. Sec. 04.16.051. Furnishing or delivery of alcoholic beverages to persons under the age of 21. (a) A person may not furnish or deliver an alcoholic beverage to a person under the age of 21 years. This subsection does not apply to a licensee or an agent or employee of a licensee while working on licensed premises. (b) This section does not prohibit the furnishing or delivery of an alcoholic beverage (1) by a parent to the parent's child, by a guardian to the guardian's ward, or by a person to the legal spouse of that person if the furnishing or delivery occurs off licensed premises; or (2) by a licensed physician or nurse to a patient in the course of administering medical treatment. (c) Acts unlawful under AS 11.51.130 are not made legal by (b) of this section. (d) A person who, with criminal negligence, furnishes or delivers an alcoholic beverage to a person under 21 years of age in violation of (a) of this section commits the crime of furnishing or delivering to a minor. (e) Furnishing or delivering to a minor is (1) a class A misdemeanor, except as provided in (2) of this subsection; (2) a class C felony if (A) within the five years preceding the violation, the person has been previously convicted under (i) this section; or (ii) a law or ordinance of this or another jurisdiction with elements substantially similar to this section; (B) the person who receives the alcoholic beverage negligently causes serious physical injury to or the death of another person while under the influence of the alcoholic beverage received in violation of this section; in this subparagraph, (i) “negligently” means acting with civil negligence; and (ii) “serious physical injury” has the meaning given in AS 11.81.900 (b); or (C) the violation occurs within the boundaries of a municipality or the perimeter of an established village that has adopted a local option under AS 04.11.491 and has not opted out of applying a class C felony to violations of this section under AS 04.11.491 (g). Sec. 04.16.052. Furnishing of alcoholic beverages to persons under the age of 21 by licensees. (a) A licensee or an agent or employee of the licensee may not with criminal negligence (1) allow another person to sell, barter, or give an alcoholic beverage to a person under the age of 21 years within licensed premises; (2) allow a person under the age of 21 years to enter and remain within licensed premises except as provided in AS 04.16.049 ; (3) allow a person under the age of 21 years to consume an alcoholic beverage within licensed premises; (4) allow a person under the age of 21 years to sell or serve alcoholic beverages; (5) while working on licensed premises, furnish or deliver alcoholic beverages to a person under the age of 21 years. (b) The holder of a license is strictly liable for an offense committed under (a) of this section by an employee or agent of the licensee on the licensed premises, punishable by an administrative penalty of $250. Notwithstanding AS 04.11.370 (a)(4) and (5) and AS 04.16.180 (b)(1), the board may not order suspension of the license for the first violation committed on the licensed premises under this section. (c) A person who violates (a) of this section commits the offense of licensee, employee, or agent furnishing alcohol to a minor. (d) Licensee, employee, or agent furnishing alcohol to a minor is a violation and is punishable by a fine of $500. (e) A licensee who knowingly allows an agent or employee of the licensee to commit the offense of licensee, employee, or agent furnishing alcohol to a minor under (c) of this section commits the crime of failure to ensure compliance relating to furnishing alcohol to a minor. (f) Failure to ensure compliance relating to furnishing alcohol to a minor is a class A misdemeanor. Sec. 04.16.055. Room rental for purposes of consuming alcoholic beverages. (a) A person may not rent a room in a hotel, motel, resort, or similar business for the purpose of providing alcoholic beverages to a person under the age of 21 years. (b) A person who knowingly rents a room in a hotel, motel, resort, or similar business for the purpose of providing alcoholic beverages to a person under 21 years of age commits the crime of renting a room for the purpose of providing alcoholic beverages to a person under 21 years of age. (c) Renting a room for the purpose of providing alcoholic beverages to a person under 21 years of age is a class A misdemeanor. Sec. 04.16.057. Permitting minor to illegally possess liquor in dwelling. (a) Except as provided by AS 04.16.051 , a person who is physically in possession and exercising dominion and control over a dwelling may not knowingly permit a person under 21 years of age to possess an alcoholic beverage in the dwelling. (b) A person who violates this section is guilty of a violation and is punishable by a fine of $500. Sec. 04.16.059. Aggravated penalties for certain violations involving a person under 21 years of age and committed by a sex offender or child kidnapper. (a) Notwithstanding AS 04.16.051 , 04.16.055, 04.16.057, and 04.16.180, the penalty for a violation of AS 04.16.051 , 04.16.055, or 04.16.057 that involved a person under 21 years of age and that was committed by a person who is required to register as a sex offender or child kidnapper under AS 12.63 is as follows: (1) if the underlying offense is a violation, a sex offender or child kidnapper committing the offense is guilty of a class B misdemeanor and shall be punished as provided in AS 12.55 ; (2) if the underlying offense is a class A misdemeanor, a sex offender or child kidnapper committing the offense is guilty of a class C felony and shall be punished as provided in AS 12.55 ; (3) if the underlying offense is a class C felony, a sex offender or child kidnapper committing the offense is guilty of a class B felony and shall be punished as provided in AS 12.55 . (b) In this section, “sex offender or child kidnapper” has the meaning given in AS 12.63.100 . Sec. 04.16.060. Purchase by or delivery to persons under the age of 21. (a) A person under the age of 21 years may not purchase alcoholic beverages or solicit another to purchase alcoholic beverages for the person under the age of 21. (b) A person may not influence the sale, gift, or service of an alcoholic beverage to a person under the age of 21 years, by misrepresenting the age of that person. (c) A person may not order or receive an alcoholic beverage from a licensee, an agent or employee of the licensee, or another person, for the purpose of selling, giving, or serving it to a person under the age of 21 years. (d) A person under the age of 21 years may not enter licensed premises where alcoholic beverages are sold and offer or present to a licensee or an agent or employee of the licensee a birth certificate or other written evidence of age, that is fraudulent or false or that is not actually the person's own, or otherwise misrepresent the person's age, for the purpose of inducing the licensee or an agent or employee of the licensee to sell, give, serve, or furnish alcoholic beverages contrary to law. (e) A person under the age of 21 who is seeking to enter and remain in a licensed premises under AS 04.16.049 (a)(2) may not misrepresent the person's age or having obtained the consent of the parent or guardian required by that section. (f) A person does not violate this section if the person performs an act proscribed under this section, the person performs that act at the request of a peace officer, the peace officer accompanies, supervises, or otherwise observes the person's act, and the purpose of the act is to assist in the enforcement of this section. (g) A person who violates (a) of this section commits the offense of purchase by a person under 21 years of age. (h) A person who violates (b) or (c) of this section commits the offense of delivery to a person under 21 years of age. (i) Purchase by a person under 21 years of age is a violation and is punishable by a fine of $500. (j) Delivery to a person under 21 years of age is a violation and is punishable by a fine of $500. (k) For a person under 21 years of age who commits an offense under (g) of this section, the violation must be charged and filed with the court as a separate case and may not be combined or joined with any other minor offense or criminal charge in one action at the time of filing. A court may reduce the fine to $50 for a person who has not more than one previous violation or to $250 for a person who has two or more previous violations if the person provides the court, not later than six months after a judgment of conviction is entered, with proof of completion of (1) an alcohol safety action program or a juvenile alcohol safety action program developed, designated, or approved by the Department of Health under AS 47.37 ; or (2) a community diversion panel. Sec. 04.16.065. Civil penalty for violations of AS 04.16.060 . (a) A person who has attained 18 years of age, or an emancipated minor, who violates AS 04.16.060 is, in addition to any criminal penalty provided by law, liable in a civil action to the licensee for a penalty of $1,500 plus costs and reasonable attorney fees. (b) A person, having legal custody of an unemancipated minor who solicits another person to violate AS 04.16.060 , is liable in a civil action for a penalty of $1,000, plus costs and reasonable attorney fees, to the licensee from whom the other person purchased, ordered, or received an alcoholic beverage in violation of AS 04.16.060 . (c) It is a condition precedent to maintaining an action under this section that the owner or seller of the merchandise send by first class mail to the defendant at the defendant's last known address 15 days or more before the action is commenced a notice demanding the relief authorized. The board may adopt regulations prescribing the form of this notice. It is not a condition precedent to maintaining an action under this section that the person who violated AS 04.16.060 or solicited a violation was charged or convicted under any statute or ordinance. (d) In this section, “emancipated minor” means a minor whose disabilities have been removed for general purposes under AS 09.55.590 . Sec. 04.16.070. Sales on election day. Sec. 04.16.080. Consumption at school events. (a) A person who is 21 years of age or older may not consume alcoholic beverages during a school event at the site of the event if the event is expected to attract attendees under 21 years of age. (b) A person who is 21 years of age or older who consumes an alcoholic beverage during a school event at the site of the event under (a) of this section commits the offense of consuming at a school event. (c) Consuming at a school event is a violation and is punishable by a fine of $100. Sec. 04.16.090. Prohibition of bottle clubs. (a) A person may not maintain a place in which alcoholic beverages are received or kept, or to which alcoholic beverages are brought, for consumption by members of the public or by members of a club, corporation, or association, unless the person is authorized to do so under this title. (b) A person may not maintain, operate, or lease premises for the purpose of providing, for a consideration, a place for drinking alcoholic beverages by members of the public or other persons, unless the person is authorized to do so under this title. (c) In this section, “consideration” includes a cover charge, the sale of food, ice, mixers, or other liquids used with alcoholic beverage drinks, the furnishing of glassware or other containers for use in the consumption of alcoholic beverages, other charges for access to the licensed premises, or other services or products provided on the licensed premises. (d) A person who knowingly violates this section commits the crime of maintaining a bottle club. (e) Maintaining a bottle club is a class A misdemeanor. Sec. 04.16.100. Restriction on size of containers. Sec. 04.16.110. Sale of certain alcoholic beverages prohibited. (a) A person may not sell an alcoholic beverage if it (1) is intended for human consumption and is in powdered form; or (2) contains more than 76 percent alcohol by volume. (b) A person who knowingly sells an alcoholic beverage in violation of (a) of this section commits the crime of sale of a prohibited alcoholic beverage. (c) Sale of a prohibited alcoholic beverage is a class A misdemeanor. Sec. 04.16.120. Removal or introduction of alcoholic beverages. (a) A person may not remove from licensed premises alcoholic beverages that have been sold or furnished for consumption only on the premises. (b) Except as provided in this subsection, a person may not bring an alcoholic beverage into licensed premises for use or consumption by oneself or another person on the premises unless that person is a licensee, an agent, employee, or common carrier in the regular course of employment. With the permission of the licensee, a person may bring wine into premises licensed as a beverage dispensary or a restaurant or eating place for consumption by the person while eating food served at a table on the licensed premises. The beverage dispensary or restaurant or eating place may charge a corkage fee for serving wine supplied by a customer. (c) Notwithstanding (a) of this section, a person may remove from licensed premises the unconsumed portion of one or more bottles of wine that were partially consumed with a meal if (1) the original or a similar type of cork is reinserted in each bottle by the licensee and the cork can only be removed by a corkscrew or other similar device, or (2) each bottle is sealed or packaged by the licensee in a manner set by the board. Notwithstanding another provision of law, each bottle of wine that is recorked, sealed, or packaged as provided in this subsection is not an open container if the cork reinserted by the licensee or the seal made by the licensee has not been disturbed. (d) Notwithstanding (a) of this section, the holder of a beverage dispensary license under AS 04.09.200 , the holder of a beverage dispensary tourism license under AS 04.09.350 , or the holder's employee may transport alcoholic beverages across unlicensed portions of a hotel, motel, or large resort if the (1) licensee holds an endorsement under AS 04.09.430 or 04.09.440; and (2) licensee or employee is walking directly from one licensed area of the premises to another licensed area. (e) Notwithstanding (a) of this section, a person may remove alcoholic beverages from the licensed premises of a beverage dispensary license under AS 04.09.200 or a beverage dispensary tourism license under AS 04.09.350 for consumption on unlicensed portions of a large resort if the licensee holds a large resort endorsement under AS 04.09.440 . (f) A person who removes an alcoholic beverage from licensed premises in violation of (a) of this section and a person who brings an alcoholic beverage onto licensed premises in violation of (b) of this section commits the offense of removal or introduction of alcoholic beverages. (g) Removal or introduction of alcoholic beverages is a violation and is punishable by a fine of $100. Sec. 04.16.125. Alcoholic beverages transported by common carrier. (a) A person may not use a common carrier to transport alcoholic beverages into an area that has restricted the sale of alcoholic beverages under AS 04.11.491 (a)(1), (2), or (3) or (b)(1) or (2) unless (1) the shipping container holding the alcoholic beverages is clearly labeled as containing alcoholic beverages; and (2) an itemized invoice showing the quantity and purchase value of distilled spirits, wine, and brewed beverages is attached to the outside of the shipping container. (b) The requirements in (a) of this section do not apply to (1) a person transporting (A) two liters or less of wine; (B) one gallon or less of brewed beverages; or (C) one liter or less of distilled spirits; or (2) the transportation of alcoholic beverages for use on premises allowed under AS 04.11.491 (a)(2) or (3) or (b)(2) or for use under a permit allowed under AS 04.11.491 (a)(2). (c) In this section, (1) “common carrier” means a motor vehicle, watercraft, aircraft, or railroad car available for public hire to transport freight or passengers; (2) “transport” has the meaning given in AS 04.11.499 . (d) A person who knowingly violates this section commits the crime of unauthorized transportation of alcoholic beverages by common carrier into a local option area. (e) Unauthorized transportation of alcoholic beverages by common carrier into a local option area is a class A misdemeanor. Sec. 04.16.130. Stock confined to licensed premises. (a) Unless authorized under AS 04.21.060 , a licensee may not store before sale any alcoholic beverages elsewhere than on the premises indicated on the license. (b) This section does not apply to stocks of beer carried on a delivery truck by a licensed wholesaler if carried for the purpose of sale and delivery to persons licensed under this title in quantities of not less than 10 gallons for each sale. (c) A person who violates this section commits the offense of unauthorized storage of alcoholic beverages. (d) Unauthorized storage of alcoholic beverages is a violation. Sec. 04.16.140. Sale or consumption of alcoholic beverages in a warehouse. (a) Alcoholic beverages may not be sold or consumed on premises approved for storage under AS 04.21.060 . (b) A person who knowingly violates (a) of this section commits the offense of sale or consumption of an alcoholic beverage in a warehouse. (c) Sale or consumption of an alcoholic beverage in a warehouse is a violation. Sec. 04.16.150. Licensee responsible for violations. (a) A licensee may neither knowingly allow agents or employees to violate this title or regulations adopted under this title nor recklessly or with criminal negligence fail to act in accordance with the duty prescribed under AS 04.21.030 with the result that an agent or employee of the licensee violates a law or regulation. (b) Except as provided under AS 04.16.030 (f) and 04.16.052(e), a licensee who knowingly violates (a) of this section commits the offense of failure to ensure compliance. (c) Failure to ensure compliance is a violation. Sec. 04.16.160. Restriction on purchasing alcoholic beverages. (a) Except as otherwise provided by law, a person who is 21 years of age or older may not purchase alcoholic beverages if the person has been ordered to refrain from consuming alcoholic beverages under AS 12.55.015 (a)(13) or as part of a sentence for conviction of a crime under AS 28.35.030 , 28.35.032, or a similar municipal ordinance, as a condition of probation or parole from a conviction under AS 28.35.030 , 28.35.032, or a similar municipal ordinance, or as a condition of probation or parole for any other crime. The restriction on purchasing alcoholic beverages applies during the period that the person is required to refrain from consuming alcoholic beverages under the sentence or condition of probation or parole. (b) A court imposing a restriction on a person under (a) of this section, and the Department of Corrections, shall notify the person that an identification card issued under AS 18.65.310 must list the restriction imposed for the period of the person's probation or parole. (c) A person who knowingly fails to comply with a restriction on purchasing alcoholic beverages in violation of (a) of this section commits the crime of failure to comply with a restriction on purchasing alcoholic beverages. (d) Failure to comply with a restriction on purchasing alcoholic beverages is a class A misdemeanor. Sec. 04.16.170. Source of alcoholic beverages. (a) Alcoholic beverages for consumption by the purchaser may not be sold unless obtained from a person licensed under this title. (b) A person transporting alcoholic beverages into the state may not sell those alcoholic beverages to a person not licensed under this title, unless the alcoholic beverages are used for religious, industrial, pharmaceutical, or medical purposes, or as allowed under AS 04.09.370 . (c) A licensee who knowingly violates (a) or (b) of this section commits the crime of sale of alcoholic beverages from or to an unlicensed person. (d) Sale of alcoholic beverages from or to an unlicensed person is a class A misdemeanor. Sec. 04.16.172. Restrictions on purchase and sale of alcoholic beverages. A person licensed under AS 04.09.200 , 04.09.210, 04.09.220, 04.09.230, 04.09.270, 04.09.280, 04.09.290, 04.09.300, 04.09.310, 04.09.320, 04.09.330, 04.09.340, 04.09.350, or 04.09.360 not purchase, sell, or offer for sale an alcoholic beverage unless the alcoholic beverage being purchased, sold, or offered for sale was obtained from a person licensed under (1) AS 04.09.100 or 04.09.110 as a primary source of supply for the alcoholic beverage being purchased, sold, or offered for sale; (2) AS 04.09.230 and the alcoholic beverage being purchased, sold, or offered for sale was obtained from a person licensed under AS 04.09.100 or 04.09.110 as a primary source of supply; or (3) AS 04.09.020 , 04.09.030, or 04.09.040. (b) A licensee who knowingly violates (a) of this section commits the crime of licensee obtaining alcoholic beverages from an unlicensed seller. (c) Licensee obtaining alcoholic beverages from an unlicensed seller is a class A misdemeanor. Sec. 04.16.175. Furnishing alcoholic beverages in aid of gambling enterprise. (a) An agent or employee of a gambling enterprise may not furnish an alcoholic beverage to a player. (b) In this section, “gambling enterprise” and “player” have the meanings given them in AS 11.66.280 . (c) A person who knowingly furnishes an alcoholic beverage to a player in violation of (a) of this section commits the crime of furnishing an alcoholic beverage in aid of a gambling enterprise. (d) Furnishing an alcoholic beverage in aid of a gambling enterprise is a class A misdemeanor. Article 2. Penalties and Forfeitures. Sec. 04.16.180. Penalties for violation. (a) [Repealed, § 164 ch 8 SLA 2022.] (b) 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, except as provided in AS 04.16.030 and 04.16.052, 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) [Repealed, § 164 ch 8 SLA 2022.] (e) 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) 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) In this section, (1) “conviction” includes a conviction of a violation, a misdemeanor, and a felony; (2) “second conviction” and “third conviction” include only convictions for violations that occur within five years after 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 ; “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). Sec. 04.16.200. Penalties for violations of AS 04.11.010 and 04.11.499. (a) Except as provided under (b) of this section, a person who violates AS 04.11.010 is, upon conviction, guilty of a class A misdemeanor. (b) A person who violates AS 04.11.010 in an area that has adopted a local option under AS 04.11.491 is, upon conviction, guilty of a class C felony. (c) It is an affirmative defense to a prosecution under (a) of this section that no profit was involved in the solicitation or receipt of an order for the delivery of an alcoholic beverage. However, the affirmative defense created under this subsection is not available in a prosecution of a person charged with selling or offering for sale alcoholic beverages to a person under 21 years of age. (d) Upon conviction of a person of a violation under (a) of this section, the court shall impose a minimum sentence of imprisonment of not less than 10 consecutive days. The execution of the sentence may not be suspended and probation or parole may not be granted until the minimum imprisonment provided in this subsection has been served. Imposition of sentence may not be suspended except upon the condition that the defendant be imprisoned for no less than the minimum period provided in this subsection. (e) A person who sends, transports, or brings alcoholic beverages into a municipality or established village in violation of AS 04.11.499 (a) is, upon conviction, (1) except as provided in (3) of this subsection, guilty of a class A misdemeanor if the quantity of alcoholic beverages is less than 10 and one-half liters of distilled spirits or 24 liters of wine, or either a half-keg of malt beverages or 12 gallons of malt beverages in individual containers; (2) guilty of a class C felony if the quantity of alcoholic beverages is 10 and one-half liters or more of distilled spirits or 24 liters or more of wine, or either a half-keg of malt beverages or 12 gallons or more of malt beverages in individual containers; or (3) guilty of a class C felony if the quantity of alcoholic beverages is less than 10 and one-half liters of distilled spirits or 24 liters of wine, or either a half-keg of malt beverages or 12 gallons of malt beverages in individual containers and the person has been previously convicted under this subsection or (b) of this section two or more times within 15 years of the date of the present offense. (f) A person who purchases alcohol in violation of AS 04.11.499 (b) is guilty of a class A misdemeanor.

(g) Upon conviction of a class A misdemeanor under (e)(1) of this section, the court (1) shall impose a minimum sentence of imprisonment of (A) not less than 72 consecutive hours and a fine of not less than $1,500 if the person has not been previously convicted; (B) not less than 20 days and a fine of not less than $3,000 if the person has been previously convicted once; (C) not less than 60 days and a fine of not less than $4,000 if the person has been previously convicted twice and is not subject to punishment under (h) of this section; (D) not less than 120 days and a fine of not less than $5,000 if the person has been previously convicted three times and is not subject to punishment under (h) of this section; (E) not less than 240 days and a fine of not less than $6,000 if the person has been previously convicted four times and is not subject to punishment under (h) of this section; (F) not less than 360 days and a fine of not less than $7,000 if the person has been previously convicted more than four times and is not subject to punishment under (h) of this section; (2) may not (A) suspend execution of sentence or grant probation except on the condition that the person (i) serve the minimum imprisonment under (1) of this subsection; and (ii) pay the minimum fine required under (1) of this subsection; or (B) suspend imposition of sentence. (h) Upon conviction of a class C felony under (b) or (e)(2) or (3) of this section, the court (1) shall impose a fine of not less than $10,000 and a minimum sentence of imprisonment of (A) 120 days if the person has not been previously convicted; (B) 240 days if the person has been previously convicted once; (C) 360 days if the person has been previously convicted two or more times; (2) may not (A) suspend execution of sentence or grant probation except on the condition that the person (i) serve the minimum imprisonment under (1) of this subsection; and (ii) pay the minimum fine required under (1) of this subsection; or (B) suspend imposition of sentence. (i) In (g) of this section, “previously convicted” means having been convicted, within the 15 years preceding the date of the present offense, of an offense under (b) or (e) of this section or a law or ordinance of another jurisdiction having elements similar to those offenses. (j) In (h) of this section, “previously convicted” means having been convicted, within the 15 years preceding the date of the present offense, of a felony offense under (b) or (e) of this section or a law or ordinance of another jurisdiction having elements similar to those felony offenses. (k) The court shall consider the date of a previous conviction as occurring on the date that sentence is imposed for the prior offense. Sec. 04.16.205. Penalties for violations of AS 04.11.501 and related ordinances. (a) A person who possesses alcoholic beverages in a municipality or established village in violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 may, upon conviction, be punished by a fine not to exceed $1,000 and shall forfeit the seized alcoholic beverages. When a peace officer stops or contacts a person concerning a violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 , the peace officer shall seize the alcoholic beverages and may issue a citation to the person as provided in AS 12.25.175 — 12.25.230. (b) If a person cited for a violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 for which a bail amount has been established under (c) of this section does not contest the citation, the person may, within 30 days after the date the citation is issued, (1) mail or personally deliver to the clerk of the court in which the citation is filed by the peace officer the amount of bail indicated on the citation and a copy of the citation indicating that the right to an appearance is waived, a plea of no contest is entered, and the bail and all alcoholic beverages seized are forfeited; or (2) perform community work in lieu of payment of the fine or a portion of the fine as provided in (d) of this section. (c) The supreme court shall establish by rule or order a schedule of bail amounts that may be forfeited without a court appearance for a violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 . In establishing the bail schedule the supreme court may consider the quantity of alcoholic beverages possessed and the number of prior violations of the person cited. Before establishing or amending the schedule of bail amounts required by this subsection, the supreme court shall appoint and consult with an advisory committee consisting of the following seven persons: one superior court judge, one magistrate from each judicial district in the state, a representative of the Department of Law, and a representative of the Public Defender Agency. The maximum bail amount may not exceed $1,000, and the issuing officer shall write on the citation the amount of bail applicable to the violation. (d) Community work shall be performed at the direction of the local governing body of the municipality or the local governing body of the established village. In the absence of a local governing body for an established village, community work shall be performed at the direction of the body that has traditionally performed public functions on behalf of the entire community. The value of community work in lieu of a fine is $5.00 per hour. When the community work is completed, the person cited for the violation shall mail or personally deliver to the clerk of the court in which the citation is filed by the peace officer (1) a form, prescribed by the administrative director of the Alaska Court System, indicating completion of the community work; and (2) a copy of the citation, indicating that the right to an appearance is waived, a plea of no contest is entered, and that the bail is forfeited or community work has been performed and that all alcoholic beverages seized are forfeited. (e) When bail has been forfeited or proof of performance of community work under this section has been filed with the court, a judgment shall be entered. Forfeiture of bail or filing proof of performance of community work and forfeiture of all seized items is a complete satisfaction for the violation. The clerk of court accepting the bail or the form indicating performance of community work shall provide the offender with a receipt stating that fact, if requested. (f) A person cited under this section is guilty of failure to obey a citation under AS 12.25.230 if the person fails to pay the fine, appear in court as required, or provide proof of performance to the court as specified in (d)(1) of this section. (g) Notwithstanding other provisions of law, if a person cited for a violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 for which a bail amount has been established under (c) of this section appears in court and is found guilty, the penalty that is imposed for the offense may not exceed the bail amount for that offense established under (c) of this section. (h) A violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 may not be considered a criminal offense and may not result in imprisonment, nor is a fine imposed for a violation considered criminal punishment. A person cited for a violation does not have a right to a jury trial or court appointed counsel. (i) [Repealed, § 60 ch 29 SLA 2010.] (j) [Repealed, § 60 ch 29 SLA 2010.] Sec. 04.16.210. Penalty for making false statement. Sec. 04.16.220. Forfeitures and seizures. (a) The following are subject to forfeiture: (1) alcoholic beverages manufactured, sold, offered for sale, possessed for sale, or bartered or exchanged for goods and services in this state in violation of AS 04.09.060 , AS 04.09.800 , or AS 04.11.010 ; alcoholic beverages possessed, stocked, warehoused, or otherwise stored in violation of AS 04.21.060 ; alcoholic beverages sold or offered for sale in violation of a local option adopted under AS 04.11.491 ; alcoholic beverages transported into the state and sold to persons not licensed under this title in violation of AS 04.16.170 (b); alcoholic beverages transported in violation of AS 04.09.750 or AS 04.16.125 ; (2) materials and equipment used in the manufacture, sale, offering for sale, possession for sale, or barter or exchange of alcoholic beverages for goods and services in this state in violation of AS 04.09.060 , AS 04.09.800 , or AS 04.11.010 ; materials and equipment used in the stocking, warehousing, or storage of alcoholic beverages in violation of AS 04.21.060 ; materials and equipment used in the sale or offering for sale of an alcoholic beverage in an area in violation of a local option adopted under AS 04.11.491 ; (3) aircraft, vehicles, or vessels used to transport or facilitate the transportation of (A) alcoholic beverages manufactured, sold, offered for sale, possessed for sale, or bartered or exchanged for goods and services in this state in violation of AS 04.09.060 , AS 04.09.800 , or AS 04.11.010 ; (B) property stocked, warehoused, or otherwise stored in violation of AS 04.21.060 ; (C) alcoholic beverages imported into a municipality or established village in violation of AS 04.11.499 (a); (4) alcoholic beverages found on licensed premises that do not bear federal excise stamps if excise stamps are required under federal law; (5) alcoholic beverages, materials, or equipment used in violation of AS 04.16.175 ; (6) money, securities, negotiable instruments, or other things of value used in financial transactions or items of value purchased from the proceeds derived from activity prohibited under AS 04.09.060 , AS 04.09.800 , or AS 04.11.010 or in violation of a local option adopted under AS 04.11.491 ; (7) a firearm used in furtherance of a violation of this title. (b) Property subject to forfeiture under this section may be actually or constructively seized under an order issued by the superior court upon a showing of probable cause that the property is subject to forfeiture under this section. Constructive seizure is effected upon posting a signed notice of seizure on the item to be forfeited, stating the violation and the date and place of seizure. Seizure without a court order may be made if (1) the seizure is incident to a valid arrest or search; (2) the property subject to seizure is the subject of a prior judgment in favor of the state; or (3) there is probable cause to believe that the property is subject to forfeiture under (a) of this section; except for alcoholic beverages possessed on violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 , property seized under this paragraph may not be held over 48 hours or until an order of forfeiture is issued by the court, whichever is earlier. (c) Within 30 days after a seizure under this section, the Department of Public Safety shall make reasonable efforts to ascertain the identity and whereabouts of any person holding an interest or an assignee of a person holding an interest in the property seized, including a right to possession, lien, mortgage, or conditional sales contract. The Department of Public Safety shall notify the person ascertained to have an interest in property seized of the impending forfeiture, and, before forfeiture, the Department of Law shall publish, once a week for four consecutive calendar weeks, a notice of the impending forfeiture in a newspaper of general circulation in the judicial district in which the seizure was made or, if no newspaper is published in that judicial district, in a newspaper published in the state and distributed in that judicial district. Upon service or publication of notice of commencement of a forfeiture action under this section, a person claiming an interest in the property shall file, within 30 days after the service or publication, a notice of claim setting out the nature of the interest, the date it was acquired, the consideration paid, and an answer to the state's allegations. If a claim and answer is not filed within the time specified, the property described in the state's allegation must be ordered forfeited to the state without further proceedings or showings. Questions of fact or law raised by a notice of forfeiture action and answer of a claimant in an action commenced under this section must be determined by the court sitting without a jury. This proceeding may be held in abeyance until conclusion of any pending criminal charges against the claimant under this title. (d) Property subject to forfeiture under (a) of this section may be forfeited (1) upon conviction of a person for a violation of AS 04.09.060 , 04.09.750, AS 04.09.800 , AS 04.11.010 , 04.11.499, AS 04.16.125 , AS 04.21.060 , or AS 04.11.501 or an ordinance adopted under AS 04.11.501 ; or (2) upon judgment by the superior court in a proceeding in rem that the property was used in a manner subjecting it to forfeiture under (a) of this section. (e) The owner of property subject to forfeiture under (a) or (i) of this section is entitled to relief from the forfeiture in the nature of remission of the forfeiture if, in an action under (d) of this section, the owner shows that the owner (1) was not a party to the violation; (2) had no actual knowledge or reasonable cause to believe that the property was used or was to be used in violation of the law; and (3) had no actual knowledge or reasonable cause to believe that the person committing the violation had (A) a criminal record for violating this title; or (B) committed other violations of this title. (f) A person other than the owner holding, or the assignee of, a lien, mortgage, conditional sales contract on, or the right to possession to property subject to forfeiture under (a) or (i) of this section is entitled to relief from the forfeiture in the nature of remission of the forfeiture if, in an action under (d) of this section, the person shows that the person (1) was not a party to the violation subjecting the property to forfeiture; (2) had no actual knowledge or reasonable cause to believe that the property was to be used in violation of the law; and (3) had no actual knowledge or reasonable cause to believe that the person committing the violation had (A) a criminal record for violating this title; or (B) committed other violations of this title. (g) It is no defense in an in rem forfeiture proceeding brought under (d)(2) of this section that a criminal proceeding is pending or has resulted in conviction or acquittal of a person charged with violating AS 04.09.060 , AS 04.09.800 , AS 04.11.010 , 04.11.499, or AS 04.21.060 . (h) Alcoholic beverages forfeited under (d) of this section shall be placed in the custody of a peace officer of the state and destroyed no later than 30 days after forfeiture. All other property forfeited under this section shall be placed in the custody of the commissioner of public safety for disposition according to an order entered by the court. The court shall order destroyed any property forfeited under this section that is harmful to the public and shall order any property forfeited under this section that was seized in a municipality to be transferred to the municipality in which the property was seized. Other property shall be ordered sold and the proceeds used for payment of expenses of the proceedings for forfeiture and sale, including expenses of seizure, custody, and court costs. The remainder of the proceeds shall be deposited in the general fund. (i) Upon conviction for a violation of AS 04.09.060 , AS 04.09.800 , AS 04.11.010 , or 04.11.499(a), if an aircraft, vehicle, or watercraft is subject to forfeiture under (a) of this section, the court shall, subject to remission to innocent parties under this section, (1) order the forfeiture of an aircraft to the state; (2) order the forfeiture of a vehicle or watercraft if (A) the defendant has a prior felony conviction for a violation of AS 11.41 or a similar law in another jurisdiction; (B) the defendant is on felony probation or parole; (C) the defendant has a prior conviction for violating AS 04.11.010 or 04.11.499(a); or (D) the quantity of alcohol transported in violation of this title was twice the presumptive amounts in AS 04.11.010 (c). (j) Notwithstanding (i) of this section, a court is not required to order the forfeiture of a vehicle or watercraft if the court determines that (1) the vehicle or watercraft is the sole means of transportation for a family residing in a village; (2) the court may impose conditions that will prevent the defendant's use of the vehicle or watercraft; and (3) either (A) a member of the family would be entitled to remission under this section if the family member were an owner of or held a security interest in the vehicle or watercraft; or (B) if a member of the family would not be entitled to remission, the family member was unable as a practical matter to stop the violation making the vehicle or watercraft subject to forfeiture. (k) When forfeiting property under (a), (d), or (i) of this section, a court may award to a municipal law enforcement agency that participated in the arrest or conviction of the defendant, the seizure of property, or the identification of property for seizure, (1) the property if the property is worth $5,000 or less and is not money or some other thing that is divisible, or (2) up to 75 percent of the property or the value of the property if the property is worth more than $5,000 or is money or some other thing that is divisible. In determining the percentage a municipal law enforcement agency may receive under this subsection, the court shall consider the municipal law enforcement agency's total involvement in the case relative to the involvement of the state. (l) In this section, “village” means a community of fewer than 1,000 persons located off the interconnected state road system.