AS Title 4, Chapter 9: Licenses, Endorsements, and Permits

Chapter 09. Licenses, Endorsements, and Permits. Article 1. License Types. Sec. 04.09.010. Types of licenses. A license defines activities allowed daily on licensed premises. License type is a general category of license activity based on the three-tier system of alcohol regulation. The three types of licenses the board may issue are manufacturer, wholesale, and retail licenses. The board may issue only the licenses authorized in AS 04.09.020 — 04.09.370. Article 2. Manufacturer Licenses. Sec. 04.09.020. Brewery manufacturer license. (a) A brewery manufacturer license authorizes the holder to operate a brewery for the manufacture, packaging, storing, and sale of its brewed beverages to a buyer as permitted in AS 04.09.050 . (b) The biennial brewery manufacturer license fee is $1,250. (c) The fermentation process of all brewed beverages offered for sale by the holder of a brewery manufacturer license must occur on the holder's licensed premises in the state. Sec. 04.09.030. Winery manufacturer license. (a) A winery manufacturer license authorizes the holder to operate a winery for the manufacture, packaging, storing, and sale of its wine to a buyer as permitted in AS 04.09.050 . (b) The biennial winery manufacturer license fee is $1,000. (c) The fermentation process of all wine offered for sale by the holder of a winery manufacturer license must occur on the holder's licensed premises in the state. Sec. 04.09.040. Distillery manufacturer license. (a) A distillery manufacturer license authorizes the holder to operate a distillery for the manufacture, packaging, storing, and sale of its distilled spirits to a buyer as permitted in AS 04.09.050 . (b) The biennial distillery manufacturer license fee is $1,250. (c) At least 80 percent of each final product that contains distilled spirits offered for sale by the holder of a distillery manufacturer license must be manufactured on the holder's licensed premises in the state. Sec. 04.09.050. Authorized sales. (a) The holder of a manufacturer license that annually produces in total less than 300,000 barrels of brewed beverages or mead or cider containing less than 8.5 percent alcohol by volume, less than 50,000 nine- liter-equivalent cases of wine, sake, or mead or cider containing 8.5 percent or more alcohol by volume, or less than 50,000 nine-liter-equivalent cases of distilled spirits may sell its product to (1) the holder of a wholesale license issued under this chapter; (2) the holder of a retail license issued under this chapter; (3) the holder of a permit issued under this chapter; (4) an entity in another state or country. (b) The holder of a manufacturer license that annually produces in total 300,000 barrels or more of brewed beverages or mead or cider containing less than 8.5 percent alcohol by volume, 50,000 nine-liter-equivalent cases or more of wine, sake, or mead or cider containing 8.5 percent or more alcohol by volume, or 50,000 nine- liter-equivalent cases or more of distilled spirits may sell its product to (1) the holder of a wholesale license issued under this chapter; (2) an entity in another state or country. (c) For purposes of calculating the volume that the holder of a manufacturer license produces under this section, the volume of production must include all production by (1) the holder of the manufacturer license; and (2) an officer, director, agent, employee, or affiliate of the holder; in this paragraph, “affiliate” means a person that directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, a corporation. Sec. 04.09.060. Unlicensed manufacturing. (a) A person commits the crime of unlicensed manufacturing if the person knowingly operates a (1) brewery without a brewery manufacturer license; (2) winery without a winery manufacturer license; or (3) distillery without a distillery manufacturer license. (b) Unlicensed manufacturing is a class A misdemeanor. Sec. 04.09.070. Unauthorized manufacturer sale. (a) Except as provided in AS 04.09.320 — 04.09.340, a person who holds a manufacturer license commits the offense of unauthorized manufacturer sale if the person sells its product in violation of AS 04.09.050 . (b) Unauthorized manufacturer sale is a violation. Sec. 04.09.090. Definition. In AS 04.09.020 — 04.09.090, “packaging” means the process of containing alcoholic beverages in bottles or other types of containers for the purpose of resale. Article 3. Wholesale Licenses. Sec. 04.09.100. General wholesale license. (a) A general wholesale license authorizes the holder to sell alcoholic beverages at wholesale. The holder of a general wholesale license may not sell to a person not licensed under this title, except as provided in AS 04.21.040 . (b) The biennial general wholesale license fee is $2,000. (c) In addition to the license fee under (b) of this section, the holder of a general wholesale license shall pay an annual fee based on the total value of business transacted by the wholesale business, including the excise tax imposed by AS 43.60.010 . If the total value of business transacted during the calendar year including the excise tax imposed by AS 43.60.010 is (1) less than or equal to $100,000, then the annual fee is $0; (2) over $100,000 and not over $150,000, then the annual fee is $250; (3) over $150,000 and not over $200,000, then the annual fee is $500; (4) over $200,000 and not over $250,000, then the annual fee is $750; (5) over $250,000 and not over $300,000, then the annual fee is $1,000; (6) over $300,000 and not over $350,000, then the annual fee is $1,250; (7) over $350,000 and not over $400,000, then the annual fee is $1,500; (8) over $400,000 and not over $500,000, then the annual fee is $2,000; (9) over $500,000 and not over $600,000, then the annual fee is $2,500; (10) over $600,000 and not over $700,000, then the annual fee is $3,000; (11) over $700,000 and not over $800,000, then the annual fee is $3,500; (12) over $800,000 and not over $1,000,000, then the annual fee is $4,500; (13) over $1,000,000, then the annual fee is $10,000. Sec. 04.09.110. Limited wholesale brewed beverage and wine license. (a) A limited wholesale brewed beverage and wine license authorizes the holder to sell brewed beverages and wine at wholesale. The holder of a limited wholesale brewed beverage and wine license may not sell to a person not licensed under this title, except as provided in AS 04.21.040 . (b) The biennial limited wholesale brewed beverage and wine license fee is $400.00 (c) In addition to the license fee under (b) of this section, the holder of a limited wholesale brewed beverage and wine license shall pay an annual fee based on the total value of business transacted by the wholesale business, including the excise tax imposed by AS 43.60.010 . If the total value of business transacted during the calendar year including the excise tax imposed by AS 43.60.010 is (1) less than or equal to $20,000, then the annual fee is $0; (2) over $20,000 and not over $50,000, then the annual fee is $150; (3) over $50,000 and not over $100,000, then the annual fee is $500; (4) over $100,000 and not over $150,000, then the annual fee is $750; (5) over $150,000 and not over $200,000, then the annual fee is $1,000; (6) over $200,000 and not over $400,000, then the annual fee is $2,000; (7) over $400,000 and not over $600,000, then the annual fee is $3,000; (8) over $600,000 and not over $800,000, then the annual fee is $4,000; (9) over $800,000, then the annual fee is $10,000. Sec. 04.09.120. Annual fee and affidavit. (a) Not later than February 28 of each year, the holder of a general wholesale license or a limited wholesale brewed beverage and wine license shall pay the annual fee for the license for the preceding calendar year and file with the board an affidavit showing the (1) total value of business transacted under the license by the wholesale business, including the excise tax imposed by AS 43.60.010 , during the preceding calendar year; and (2) location of the licensed premises at which the business was transacted. (b) Failure to file an affidavit under (a) of this section or the expiration of a license under AS 04.11.540 does not relieve a licensee from paying the prescribed annual fee. Sec. 04.09.130. Wholesale supplier declaration. (a) A person who applies for issuance or renewal of a general wholesale license or a limited wholesale brewed beverage and wine license shall submit to the board, on a form prescribed by the board, a declaration that the person is the appointed wholesaler of the distiller, brewer, vintner, or importer of each product line of alcoholic beverage that the person intends to purchase, offer for sale, or sell. The form must include a space for the person to indicate the total number of suppliers. The board may request a list of suppliers or additional information about a product line. (b) A person filing a declaration under this section shall pay a biennial filing fee. If the declaration lists (1) one to 25 suppliers, the fee is $500; (2) 26 to 50 suppliers, the fee is $1,000; (3) 51 to 75 suppliers, the fee is $1,500; (4) 76 or more suppliers, the fee is $2,000. (c) In this section, “distiller, brewer, vintner, or importer” includes an exclusive agent of the distiller, brewer, vintner, or importer if the agent's name appears on the label of the brand approved by the Alcohol and Tobacco Tax and Trade Bureau. Sec. 04.09.140. Unlicensed wholesale sale. (a) A person commits the crime of unlicensed wholesale sale if the person knowingly sells (1) distilled spirits at wholesale without a general wholesale license; or (2) brewed beverages or wine at wholesale without a general wholesale license or a limited wholesale brewed beverage and wine license. (b) Unlicensed wholesale sale is a class A misdemeanor. Sec. 04.09.150. Failure to pay annual fee or file affidavit. (a) A person commits the offense of failure to pay an annual wholesale fee or file a wholesale affidavit if the person fails to pay the annual fee or file the affidavit as required under AS 04.09.120 . (b) Failure to pay an annual wholesale fee or file a wholesale affidavit is a violation. Sec. 04.09.160. Failure to pay biennial fee or file declaration. (a) A person commits the offense of failure to pay a biennial supplier fee or file a supplier declaration if the person fails to pay the biennial supplier fee or file the declaration as required under AS 04.09.130 . (b) Failure to pay a biennial supplier fee or file a supplier declaration is a violation. Article 4. Retail Licenses. Sec. 04.09.200. Beverage dispensary license. (a) A beverage dispensary license authorizes the holder to sell or serve on the licensed premises alcoholic beverages for consumption only on the licensed premises. (b) The biennial beverage dispensary license fee is $2,500. (c) The holder of a beverage dispensary license may not maintain on the licensed premises more than one room in which there is regularly maintained a fixed counter or service bar that has plumbing connections to permanent plumbing at which alcoholic beverages are sold or served to members of the public for consumption, unless the license has a multiple fixed counter endorsement under AS 04.09.420 . (d) Except as provided under AS 04.09.610 , 04.09.640, 04.09.680, and AS 04.16.120 (c), the holder of a beverage dispensary license who sells or serves alcoholic beverages off the licensed premises or permits consumption off the premises of alcoholic beverages sold or served on the premises commits the offense of unauthorized beverage dispensary activity. (e) Unauthorized beverage dispensary activity is a violation. Sec. 04.09.210. Restaurant or eating place license. (a) A restaurant or eating place license authorizes a restaurant or eating place to (1) sell brewed beverages and wine for consumption only on the licensed premises; and (2) allow a person (A) under 21 years of age access as provided in (d) of this section to the licensed premises; and (B) to enter or remain on the licensed premises to consume food or nonalcoholic beverages as authorized under AS 04.16.010 (c)(5). (b) The biennial restaurant or eating place license fee is $1,250. (c) The board may issue or renew a license under this section only if the (1) board determines that (A) the licensed premises is a bona fide restaurant as defined in AS 04.21.080 (b); (B) there is supervision on the premises adequate to reasonably ensure that a person under 21 years of age will not obtain alcoholic beverages; and (C) it is unlikely that persons under 21 years of age not employed on the premises will enter and remain on the licensed premises for purposes other than dining; and (2) sale and service of food and alcoholic beverages and any other business conducted on the licensed premises of the restaurant or eating place is under the sole control of the licensee. (d) The board may authorize the holder of a restaurant or eating place license (1) to allow a person who is at least 16 years of age but under 21 years of age to enter and remain on the licensed premises for dining only; (2) to allow a person who is under 16 years of age to enter and remain on the licensed premises for dining only if (A) the person is accompanied by a person who is 21 years of age or older; and (B) the parent or guardian of the person consents to the person being on the licensed premises; and (3) subject to AS 04.16.049 , to employ or permit the employment of a person who is at least 16 years of age but under 21 years of age on the licensed premises if the employer provides adequate supervision to ensure that the person does not obtain alcoholic beverages. (e) The holder of a restaurant or eating place license shall ensure that gross receipts from the sale of food for consumption on the licensed premises are not less than the total of the gross receipts from the sale of alcoholic beverages for consumption on the licensed premises in each calendar year. At the time the holder submits an application for renewal of the license, the holder shall submit a statement to the board certifying that the holder has met the requirement under this subsection for the designated period of the license under AS 04.11.680 . The board may renew a restaurant or eating place license only if the licensee's statement provides evidence satisfactory to the board that, during the designated period of the license under AS 04.11.680 , the gross receipts from the sale of food for consumption on the licensed premises were not less than the total of the gross receipts from the sale of alcoholic beverages for consumption on the licensed premises. (f) The holder of a restaurant or eating place license may provide entertainment on or adjacent to the licensed premises only between the hours of 10:00 a.m. and 11:00 p.m. unless additional hours are approved by the director upon the written request of the licensee for a specific occasion. The director may not grant approval for additional hours of entertainment on or adjacent to the licensed premises of an individual licensee more than six times in a calendar year. In this subsection, “entertainment” includes dancing, karaoke, live performances, or similar activities, but does not include recorded or broadcast performances without live participation. (g) Except as provided under AS 04.09.620 , 04.09.640, 04.09.650, and AS 04.16.120 (c), the holder of a restaurant or eating place license commits the offense of failure to comply with the terms of a restaurant or eating place license if the person sells brewed beverages or wine in violation of (a) of this section, engages in activity not authorized by the board under (d) of this section, or fails to comply with the requirements of (d), (e), or (f) of this section. (h) Failure to comply with the terms of a restaurant or eating place license is a violation. Sec. 04.09.220. Club license. (a) A club license authorizes a club or organization to sell alcoholic beverages for consumption only on the licensed premises. (b) The biennial fee for a club license is $1,500. (c) The board may issue a club license only to an organization operated for social, recreational, benevolent, or athletic purposes and not for profit. The board may issue a club license only to a club, fraternal organization, patriotic organization, or social organization that has been chartered by (1) a state or national organization for a period of 10 consecutive years before application for a license under this section; or (2) a national organization that has maintained a chartered club or organization in the state for a period of at least 20 years. (d) Alcoholic beverages sold under a club license may be purchased only by (1) members of the club and their families; (2) widows or widowers of deceased members of the club who have been accorded club privileges; and (3) military personnel on active duty who are extended the privilege by patriotic organizations. (e) Alcoholic beverages may be purchased only in the portion of the club rooms that are part of the licensed premises. (f) Guests who enter the club premises on the invitation of a member and in the company of the member may be served but not sold alcoholic beverages. A guest shall leave the premises immediately upon the departure of the member who extended the invitation to enter. (g) Notwithstanding AS 04.16.049 , access by persons under 21 years of age to the (1) licensed premises of a club is permitted when alcoholic beverages are not present; and (2) premises of a patriotic organization licensed as a club under this section is permitted when alcoholic beverages are present, if the person possesses a valid active duty military or armed forces identification card issued by the United States Department of Defense or the United States Department of Homeland Security. (h) The holder of a club license may not serve or sell alcoholic beverages for use or consumption off the licensed premises of the club or organization, including use or consumption by a club member or employee, except under a club caterer's permit. (i) The holder of a club license may not (1) solicit public patronage of the club premises, except as approved by he board; (2) distribute income from the sale of alcoholic beverages under the license to a member, director, or officer; (3) sell or serve alcoholic beverages in club rooms outside the portion of the club rooms that are part of the licensed premises. (j) In this section, “member” means a holder of a full year of paid membership entitling the holder to all voting rights and privileges of membership under the constitution or bylaws of the club or organization. (k) The holder of a club license commits the offense of failure to comply with the terms of a club license if the person sells alcoholic beverages in violation of (a) of this section or violates (d), (e), (f), (h), or (i) of this section. (l) Failure to comply with the terms of a club license is a violation. Sec. 04.09.230. Package store license. (a) A package store license authorizes the holder to operate a package store to store alcoholic beverages with federally compliant labels and to sell alcoholic beverages with federally compliant labels to a person present on the licensed premises. (b) The biennial package store license fee is $1,500. (c) The licensed premises occupied by the holder of a package store license may not be connected by a door, opening, or other means of passage intended for the access of the general public to an adjacent retail business not licensed under this title unless approved by the board. (d) If the holder of a package store license also holds a beverage dispensary license, the licensed premises of the package store are contained within or are adjacent to the licensed premises of the beverage dispensary, and the only public entrance to the package store is by a door or other means within the beverage dispensary, the board shall determine whether additional entrances to the package store are necessary for enforcement purposes, to meet health and fire safety standards, or for the convenience of the public. (e) The holder of a package store license may not (1) offer alcoholic beverages for consumption on the licensed premises or allow the consumption of alcoholic beverages on the licensed premises except as authorized by a package store sampling endorsement issued under AS 04.09.490 or a package store tasting event permit issued under AS 04.09.680 ; (2) subdivide alcoholic beverages except as authorized by a package store repackaging endorsement issued under AS 04.09.480 ; (3) offer alcoholic beverages for sale or sell alcoholic beverages to a person not present on the licensed premises who makes an order for shipment except as authorized by a package store shipping endorsement under AS 04.09.460 ; or (4) deliver alcoholic beverages to a person not present on the licensed premises except as authorized by a package store delivery endorsement under AS 04.09.470 . (f) The holder of a package store license commits the offense of failure to comply with the terms of a package store license if the person stores or sells alcoholic beverages in violation of (a) of this section or fails to comply with (c) or (e) of this section. (g) Failure to comply with the terms of a package store license is a violation. Sec. 04.09.240. Pub license. (a) A pub license authorizes the holder to sell brewed beverages and wine for consumption only at a designated premises located on the campus of an accredited college or university. (b) The biennial pub license fee is $1,250. (c) The board may not (1) issue more than one pub license for each accredited college or university campus in the state; and (2) issue or renew a pub license without the written approval of the governing body of the accredited college or university. (d) The board may designate two alternating premises for a pub license if (1) both premises are (A) located on the accredited college or university campus; (B) not located in contiguous rooms or adjacent buildings; and (C) under the licensee's control; (2) at any time, only one location is operating as a licensed premises with specified operating hours approved by the board; and (3) all alcoholic beverages are either removed from the alternate premises or stored in a secure location that is not accessible to the general public during times when the alternate premises is not operating as a licensed premises. (e) The board may suspend or revoke a licensee's use of an alternate premises under (d) of this section after providing to the licensee written notice and an opportunity to be heard. (f) In this section, “accredited college or university” means a college or university accredited by the Northwest Commission on Colleges and Universities. (g) The holder of a pub license commits the offense of failure to comply with the terms of a pub license if the person sells brewed beverages or wine in violation of (a) of this section. (h) Failure to comply with the terms of a pub license is a violation. Sec. 04.09.250. Theater license. (a) A theater license authorizes the holder of a beverage dispensary license or a restaurant or eating place license to sell alcoholic beverages for consumption on licensed premises at a specified theater site, except that a restaurant or eating place licensee with a theater license may only sell brewed beverages and wine. (b) The biennial theater license fee is $1,250. (c) The holder of a theater license may sell or serve alcoholic beverages only in designated areas on the licensed premises and only for one hour before the event and during intermissions. (d) The holder of a theater license may not sell, serve, or permit the consumption of alcoholic beverages in the audience viewing area. (e) The holder of a theater license shall post the license conspicuously in the theater during times when alcoholic beverages are sold. (f) The board may not approve an application for transfer of a theater license to another location. (g) In this section, “theater” means a location where events, including plays, operas, orchestra concerts, readings, and similar activities as determined by the board, are presented by live performers on a stage. (h) A person commits the offense of failure to comply with the terms of a theater license if the person sells, serves, or permits the consumption of alcoholic beverages except as permitted in this section or fails to post the license as required by this section. (i) Failure to comply with the terms of a theater license is a violation. Sec. 04.09.260. Common carrier dispensary license. (a) A common carrier dispensary license authorizes the holder to sell alcoholic beverages for consumption aboard a boat or train licensed by a state or federal agency for passenger travel, or aboard an aircraft operated by an airline licensed by a state or federal agency for passenger travel. (b) Except as provided for airlines under (c) of this section, the biennial common carrier dispensary license fee is $1,000 for each of the first 10 licenses a common carrier holds and $100 for each additional license issued to the common carrier after the first 10 licenses. (c) The biennial fee for a common carrier dispensary license issued to an airline is the fee specified under (b) of this section for each aircraft in which alcoholic beverages are served or $2,000 for each community served by the airline. An airline shall specify the fee applicable to the license at the time of the airline's application for issuance or renewal of the license. (d) Except for a common carrier that is an airline, a common carrier shall obtain a license for each boat or train in which alcoholic beverages are served. After obtaining an initial license for the first boat or train, the common carrier may obtain additional licenses for additional boats or trains upon making a written request identifying the boat or train in the manner prescribed by the board and paying the biennial fee for additional licensed premises as required by (b) of this section. (e) The holder of a common carrier dispensary license who exceeds the authority granted in (a) of this section commits the crime of unauthorized common carrier dispensary activity. (f) Unauthorized common carrier dispensary activity is a class A misdemeanor. (g) The holder of a common carrier dispensary license who fails to comply with (b) — (d) of this section commits the offense of common carrier dispensary noncompliance. (h) Common carrier dispensary noncompliance is a violation and is punishable by a fine of $500 for each boat, train, or aircraft not in compliance with this section. Sec. 04.09.270. Sporting activity or event license. (a) A sporting activity or event license authorizes the holder to sell brewed beverages and wine at multiple noncontiguous locations at a sporting activity or event site during and one hour before and after a sporting activity or event that is not a school activity or event, for consumption on designated areas at the sporting activity or event site. (b) The biennial sporting activity or event license fee is $1,250. (c) [See delayed repeal note] The holder, on December 31, 2023, of a recreational site license issued under former AS 04.11.210 who offered brewed beverages and wine for sale to the public for consumption on the licensed premises may continue to offer brewed beverages and wine for sale to the public for consumption on the premises until December 31, 2027, for a license renewing on an odd-numbered year, or December 31, 2028, for a license renewing on an even- numbered year, if the holder of the license is otherwise in compliance with the requirements of this title as it read on December 31, 2023. (d) In this section, “sporting activity or event site” includes a location where baseball, hockey, rugby, soccer, or football games, car races, dog sled racing events, rodeos, skiing and snowboarding activities, bowling games or leagues, or curling matches are regularly held. (e) The holder of a sporting activity or event license who sells brewed beverages or wine off the licensed premises or during hours not authorized under (a) of this section or who permits consumption off the premises of brewed beverages or wine sold on the premises commits the offense of unauthorized sporting activity or event activity. (f) Unauthorized sporting activity or event activity is a violation. Sec. 04.09.280. Outdoor recreation lodge license. (a) An outdoor recreation lodge license authorizes the holder to sell alcoholic beverages to a registered overnight guest or off-duty staff of the lodge for consumption on the licensed premises or in conjunction with purchased outdoor recreation activities provided by the licensee. (b) The biennial outdoor recreation lodge license fee is $2,500. (c) The board may not grant an application for transfer of an outdoor recreation lodge license to another location. (d) In this section, “outdoor recreation lodge” means a licensed business that provides overnight accommodations and meals, is primarily involved in offering opportunities for persons to engage in outdoor recreation activities, and has a minimum of two guest rooms. (e) The holder of an outdoor recreation lodge license who sells alcoholic beverages in violation of the authority granted under (a) of this section commits the offense of unauthorized outdoor recreation lodge activity. (f) Unauthorized outdoor recreation lodge activity is a violation. Sec. 04.09.290. Fair license. (a) A fair license authorizes the holder to sell beer and wine at multiple noncontiguous locations at an annual fair held on fairgrounds for consumption on the licensed premises. (b) The biennial fair license fee is $1,250. (c) The board may issue a fair license only to a nonprofit organization that is incorporated under AS 10.20 and has been active for a period of at least five years before January 1, 2024. (d) The holder of a fair license may not sell brewed beverages or wine at more than 30 events, other than an annual fair, held on the fairgrounds in a calendar year. (e) In this section, “annual fair” means an annual gathering of residents of all or a portion of the state that offers competitive exhibitions of livestock and agricultural crops, carnival amusement rides and games, and displays of arts and crafts. Sec. 04.09.300. Golf course license. (a) A golf course license authorizes the holder to sell brewed beverages and wine for consumption on the licensed premises. (b) The biennial golf course license fee is $1,250. (c) An application for a golf course license must include (1) a drawing of the golf course with an annotated illustration and description of the portions of the course that are intended to be licensed premises; and (2) a sample food menu. (d) The board may not approve an application for transfer of a golf course license to another location. (e) The holder of a golf course license shall make food similar to that listed in the sample menu available during times when brewed beverages and wine are sold, served, and consumed on the licensed premises. (f) The holder of a golf course license may not allow a person other than the holder or an agent or employee of the holder, in the regular course of employment, to bring alcoholic beverages onto the licensed premises or other portions of the course for consumption. (g) In this section, “licensed premises” includes the golf course, a driving range, a club house, and other buildings located on the course, and a vending cart carrying beverages or food to, from, or on the course, and does not include the parking lot. (h) The holder of a golf course license commits the offense of failure to comply with the terms of a golf course license if the person sells brewed beverages or wine in violation of this section or violates (e) or (f) of this section. (i) Failure to comply with the terms of a golf course license is a violation. Sec. 04.09.310. Destination resort license. (a) A destination resort license authorizes the holder to sell alcoholic beverages at multiple noncontiguous locations at a destination resort for consumption on the licensed premises in conjunction with the visitor activities provided by the licensee to cruise ship passengers and staff and other visitors while the cruise ship is in port at the resort. (b) The biennial destination resort license fee is $2,500. (c) The board may not approve an application for transfer of a destination resort license to another location. (d) In this section, “destination resort” means a business that owns a site of at least 20 acres that is used principally as a destination for cruise ships and other vessels that carry a minimum of 50 passengers and that does not provide overnight lodging on its premises for visitors. (e) The holder of a destination resort license commits the offense of failure to comply with a destination resort license if the person sells alcoholic beverages in violation of (a) of this section. (f) Failure to comply with the terms of a destination resort license is a violation. Sec. 04.09.320. Brewery retail license. (a) A brewery retail license authorizes the holder to store, sell, or serve on the licensed premises brewed beverages for consumption on and off the premises. (b) The biennial brewery retail license fee is $1,250. (c) The board may issue a brewery retail license only to the holder of a brewery manufacturer license under AS 04.09.020 . The brewery retail licensed premises may be all or part of the brewery manufacturer licensed premises, or the brewery retail licensed premises may be at a single different site that is adjacent to the brewery manufacturer licensed premises. (d) Each day, the holder of a brewery retail license may sell, to a person on the licensed premises for consumption on the licensed premises, not more than (1) 36 ounces of the holder's beer; or (2) 18 ounces of the holder's sake. (e) Except as provided under (g) of this section and AS 04.09.700 , the holder of a brewery retail license may not (1) allow live music or performances, disc jockeys, karaoke, televisions, pool tables, dart games, or organized games or tournaments on the premises where the consumption occurs; (2) provide seats at the counter or bar where the brewed beverages are served; (3) open the room where the consumption occurs before 9:00 a.m.; or (4) serve brewed beverages after 9:00 p.m. (f) Each day, the holder of a brewery retail license is authorized to sell, to a person on the licensed premises for consumption off the licensed premises, not more than 5.167 gallons of the holder's beer or sake. (g) The holder of a brewery retail license may allow on the premises where the consumption occurs (1) activities, presentations, television or video displays, or other displays that directly promote or educate customers about the brewery's products, processes, or establishment; and (2) other community organizations or businesses to provide presentations, classes, or product displays or host fundraisers. (h) The holder of a brewery retail license commits the offense of failure to comply with the terms of a brewery retail license if the person stores, sells, or serves brewed beverages in violation of (a) of this section or violates (d), (e), or (f) of this section. (i) Failure to comply with the terms of a brewery retail license is a violation. Sec. 04.09.330. Winery retail license. (a) A winery retail license authorizes the holder to store, sell, or serve on the licensed premises wine for consumption on and off the premises. (b) The biennial winery retail license fee is $1,000. (c) The board may issue a winery retail license only to the holder of a winery manufacturer license issued under AS 04.09.030 . The winery retail licensed premises may be all or part of the winery manufacturer licensed premises, or the winery retail licensed premises may be at a single different site that is adjacent to the winery manufacturer licensed premises. (d) Each day, the holder of a winery retail license may sell, to a person on the licensed premises for consumption on the licensed premises, a total volume that does not exceed (1) 18 ounces of the holder's wine, mead, or cider containing 8.5 percent or more alcohol by volume; (2) 36 ounces of the holder's mead or cider containing less than 8.5 percent alcohol by volume; or (3) the alcoholic equivalent of (1) or (2) of this subsection. (e) Except as provided under (g) of this section and AS 04.09.700 , the holder of a winery retail license may not (1) allow live music or performances, disc jockeys, karaoke, televisions, pool tables, dart games, or organized games or tournaments on the premises where the consumption occurs; (2) provide seats at the counter or bar where the wine is served; (3) open the room where the consumption occurs before 9:00 a.m.; or (4) serve wine after 9:00 p.m. (f) Each day, the holder of a winery retail license is authorized to sell, to a person on the licensed premises for consumption off the licensed premises, not more than 5.167 gallons of the holder's wine, mead, or cider. (g) The holder of a winery retail license may allow on the premises where the consumption occurs (1) activities, presentations, television or video displays, or other displays that directly promote or educate customers about the winery's products, processes, or establishment; and (2) other community organizations or businesses to provide presentations, classes, or product displays or host fundraisers. (h) The holder of a winery retail license commits the offense of failure to comply with the terms of a winery retail license if the person stores, sells, or serves wine in violation of (a) of this section or violates (d), (e), or (f) of this section. (i) Failure to comply with the terms of a winery retail license is a violation. Sec. 04.09.340. Distillery retail license. (a) A distillery retail license authorizes the holder to store, sell, or serve on the licensed premises distilled spirits for consumption on and off the premises. (b) The biennial distillery retail license fee is $1,250. (c) The board may issue a distillery retail license only to the holder of a distillery manufacturer license under AS 04.09.040 . The distillery retail licensed premises may be all or part of the distillery manufacturer licensed premises, or the distillery retail licensed premises may be at a single different site that is adjacent to the distillery manufacturer licensed premises. (d) The holder of a distillery retail license may sell not more than three ounces of the holder's distilled spirits each day to a person on the licensed premises for consumption on the licensed premises. The holder of a distillery retail license may combine the holder's distilled spirits under this subsection with other ingredients that are not alcoholic beverages, including mixers, liquids, and garnishes. (e) Except as provided under (g) of this section and AS 04.09.700 , the holder of a distillery retail license may not (1) allow live music or performances, disc jockeys, karaoke, televisions, pool tables, dart games, or organized games or tournaments on the premises where the consumption occurs; (2) provide seats at the counter or bar where the distilled spirits are served; (3) open the room where the consumption occurs before 9:00 a.m.; or (4) serve distilled spirits after 9:00 p.m. (f) The holder of a distillery retail license is authorized to sell not more than 3.75 liters of the holder's distilled spirits each day to a person on the licensed premises for consumption off the licensed premises. (g) The holder of a distillery retail license may allow on the premises where the consumption occurs (1) activities, presentations, television or video displays, or other displays that directly promote or educate customers about the distillery's products, processes, or establishment; and (2) other community organizations or businesses to provide presentations, classes, or product displays or host fundraisers. (h) The holder of a distillery retail license commits the offense of failure to comply with the terms of a distillery retail license if the person stores, sells, or serves distilled spirits in violation of (a) of this section or violates (d), (e), or (f) of this section. (i) Failure to comply with the terms of a distillery retail license is a violation. Sec. 04.09.350. Beverage dispensary tourism license. (a) A beverage dispensary tourism license authorizes the holder to sell or serve on the licensed premises alcoholic beverages for consumption only on the licensed premises. (b) The biennial beverage dispensary tourism license fee is $2,500. (c) The board may (1) issue a new beverage dispensary tourism license if it appears that the issuance will encourage the tourist trade by promoting the construction or improvement of (A) a hotel, motel, resort, or similar business relating to the tourist trade with a dining facility or having kitchen facilities in a majority of its rental rooms and at least a minimum number of rental rooms required according to the population of the incorporated city, unified municipality, or population area established under AS 04.11.400 (a) in which the facility will be located, as follows: (i) 10 rental rooms if the population is less than 1,501; (ii) 20 rental rooms if the population is 1,501 — 2,500; (iii) 25 rental rooms if the population is 2,501 — 5,000; (iv) 30 rental rooms if the population is 5,001 — 15,000; (v) 35 rental rooms if the population is 15,001 — 25,000; (vi) 40 rental rooms if the population is 25,001 — 50,000; and (vii) 50 rental rooms if the population is greater than 50,000; or (B) an airport terminal; and (2) approve the renewal or transfer of ownership of a beverage dispensary tourism license initially issued under (1) of this subsection or initially issued as a beverage dispensary license under AS 04.11.400 , as that section read on the date of the initial licensure, if the (A) holder of the license operates a hotel, motel, resort, or similar business relating to the tourist trade that (i) has a dining facility on the licensed premises or kitchen facilities in a majority of its rental rooms; and (ii) maintains at least the minimum number of rental rooms that the hotel, motel, resort, or similar business had at the time of initial licensure or that were required at the time of initial licensure; or (B) licensed premises are located inside an airport terminal. (d) The holder of a beverage dispensary tourism license may not maintain on the licensed premises more than one room in which there is regularly maintained a fixed counter or service bar that has plumbing connections to permanent plumbing at which alcoholic beverages are sold or served to members of the public for consumption unless the license has a multiple fixed counter endorsement under AS 04.09.420 , a hotel or motel endorsement under AS 04.09.430 , or a large resort endorsement under AS 04.09.440 . (e) Except as provided under AS 04.09.610 , 04.09.640, 04.09.680, and AS 04.16.120 (c), the holder of a beverage dispensary tourism license who sells or serves alcoholic beverages off the licensed premises or permits consumption off the premises of alcoholic beverages sold or served on the premises commits the offense of unauthorized beverage dispensary tourism activity. (f) Unauthorized beverage dispensary tourism activity is a violation. Sec. 04.09.360. Seasonal restaurant or eating place tourism license. (a) A seasonal restaurant or eating place tourism license authorizes a restaurant or eating place to (1) sell brewed beverages and wine for consumption only on the licensed premises for a period not to exceed six months in each calendar year; and (2) allow a person (A) under 21 years of age access as provided in (f) of this section to the licensed premises; and (B) to enter or remain on the licensed premises to consume food or nonalcoholic beverages as authorized under AS 04.16.010 (c)(5). (b) The biennial seasonal restaurant or eating place tourism license fee is $1,250.00 (c) The board may issue or renew a license under this section only if (1) the board determines that (A) the licensed premises is a bona fide restaurant as defined in AS 04.21.080 (b); (B) there is supervision on the premises adequate to reasonably ensure that a person under 21 years of age will not obtain alcoholic beverages; and (C) it is unlikely that persons under 21 years of age not employed on the premises will enter and remain on the licensed premises for purposes other than dining; and (2) the sale and service of food and alcoholic beverages and any other business conducted on the licensed premises of the restaurant or eating place is under the sole control of the licensee. (d) The board may issue a license under this section only in a municipality or established village that (1) has a population of 40,000 or less; and (2) receives more than 4,000 visitors a year, as determined by the board in regulation. (e) The board may issue a license or approve an application for the transfer of ownership of a license under this section if it appears that issuance or transfer will encourage the tourism trade. (f) The board may authorize the holder of a seasonal restaurant or eating place tourism license (1) to allow a person who is at least 16 years of age but under 21 years of age to enter and remain on the licensed premises for dining only; (2) to allow a person who is under 16 years of age to enter and remain on the licensed premises for dining only if (A) the person is accompanied by a person who is 21 years of age or older; and (B) the parent or guardian of the person consents to the person being on the licensed premises; and (3) subject to AS 04.16.049 , to employ or permit the employment of a person who is at least 16 years of age but under 21 years of age on the licensed premises if the employer provides adequate supervision to ensure that the person does not obtain alcoholic beverages. (g) The holder of a seasonal restaurant or eating place tourism license shall ensure that gross receipts from the sale of food for consumption on the licensed premises are not less than the total of the gross receipts from the sale of alcoholic beverages for consumption on the licensed premises in each calendar year. At the time the holder submits an application for renewal of the license, the holder shall submit a statement to the board certifying that the holder has met the requirement under this subsection for the designated period of the license under AS 04.11.680 . The board may renew a seasonal restaurant or eating place tourism license only if the licensee provides evidence satisfactory to the board that, during the designated period of the license under AS 04.11.680 , the gross receipts from the sale of food for consumption on the licensed premises were not less than the total of the gross receipts from the sale of alcoholic beverages for consumption on the licensed premises. (h) The board shall adopt a regulation establishing a formula to limit the number of seasonal restaurant or eating place tourism licenses. (i) The holder of a seasonal restaurant or eating place tourism license may provide entertainment on or adjacent to the licensed premises only between the hours of 10:00 a.m. and 11:00 p.m. unless additional hours are approved by the director upon the written request of the licensee for a specific occasion. The director may not grant approval for additional hours of entertainment on or adjacent to the licensed premises of an individual licensee more than three times in a calendar year. In this subsection, “entertainment” includes dancing, karaoke, live performances, or similar activities, but does not include recorded or broadcast performances without live participation.

(j) Except as provided under AS 04.09.620 , 04.09.640, and AS 04.16.120 (c), the holder of a seasonal restaurant or eating place tourism license commits the offense of failure to comply with the terms of a seasonal restaurant or eating place tourism license if the person sells brewed beverages or wine in violation of (a) of this section, engages in activity not authorized by the board under (f) of this section, or fails to comply with the requirements of (f), (g), or (i) of this section. (k) Failure to comply with the terms of a seasonal restaurant or eating place tourism license is a violation. Sec. 04.09.370. Manufacturer direct shipment license. (a) A manufacturer direct shipment license authorizes the holder of a brewery retail license issued under AS 04.09.320 , winery retail license issued under AS 04.09.330 , or distillery retail license issued under AS 04.09.340 , or the holder of a manufacturer license issued in another state, to sell the holder's product in response to an order for shipment to a person, for personal use only and not for resale, who is located in the state. A manufacturer direct shipment license may not be transferred to another person or another location. (b) The biennial fee for a manufacturer direct shipment license is $200. (c) An applicant for issuance or renewal of a manufacturer direct shipment license shall (1) submit an application on a form prescribed by the board; (2) consent to the jurisdiction of the board, the Department of Revenue, and any other state agency or state court concerning enforcement of this title; and (3) if the applicant is the holder of a license or permit authorizing the holder to manufacture and sell its product to the public issued in another state, provide to the board a copy of the holder's license or permit issued (A) in the state; and (B) by the Alcohol and Tobacco Tax and Trade Bureau. (d) All product shipped to a purchaser in the state by the holder of a manufacturer direct shipment license is subject to the state excise tax. (e) The holder of a manufacturer direct shipment license may not (1) ship product to an address with a zip code located in an area that has adopted a local option under AS 04.11.491 ; (2) sell more than (A) 1.5 liters of distilled spirits to a purchaser in one transaction or more than 4.5 liters of distilled spirits to a purchaser in a calendar year; (B) 18 liters of wine to a purchaser in one transaction or more than 108 liters of wine to a purchaser in a calendar year; or (C) 288 ounces of brewed beverages to a purchaser in one transaction or more than 13.5 gallons of brewed beverages to a purchaser in a calendar year; (3) ship its product using a common carrier who is not approved by the board to ship alcoholic beverages to persons in the state under AS 04.09.750 (b); or (4) annually produce more than 300,000 barrels in total of brewed beverages or more than 50,000 proof gallons in total of distilled spirits. (f) Before shipping an order under this section, the holder of a manufacturer direct shipment license shall (1) verify that the person submitting the order is at least 21 years of age, using an age verification service or other method, and that the named recipient of the shipment, if not the same person as the person submitting the order, is at least 21 years of age; (2) determine that the order will not exceed the limits of (e)(2) of this section; (3) provide written or electronic information to the person submitting the order on fetal alcohol syndrome and fetal alcohol effects resulting from a woman's consumption of alcohol during pregnancy; and (4) label the shipping container as containing alcoholic beverages and requiring a signature by a person who is at least 21 years of age upon delivery. (g) The holder of a manufacturer direct shipment license shall (1) retain records of sales made under this license for at least two years; and (2) make records of sales available for inspection and audit by the board and the Department of Revenue. (h) The board shall compile a list that is available for public inspection of zip codes that are located within a local option area and notify the holder of a manufacturer direct shipment license of any change to the list. (i) The holder of a manufacturer direct shipment license commits the offense of failure to comply with the terms of a manufacturer direct shipment license if the person fails to comply with (e) — (g) of this section. (j) Failure to comply with the terms of a manufacturer direct shipment license is a violation. Article 5. Endorsements. Sec. 04.09.400. Types of endorsements. (a) An endorsement expands the boundaries of a licensed premises or the authorized activities of a licensed business. (b) Only the board may issue an endorsement. The board may issue only the endorsements authorized in AS 04.09.400 — 04.09.520. (c) An endorsement is valid only in conjunction with a license. An endorsement may be transferred to another person only if the license for which the endorsement was issued is also transferred to that person. An endorsement expires if the licensed premises are relocated, the license expires, or the license is revoked. (d) Except as provided in (c) of this section, an endorsement is valid for the duration of the license as designated in AS 04.11.680 . The holder of the endorsement shall renew the endorsement biennially. (e) An application for an endorsement under AS 04.09.400 — 04.09.520 must (1) be made in writing on a form prescribed by the board; and (2) demonstrate that the holder of the license has authority over and will exercise control over conduct of the business in all areas of the licensed premises, including premises newly licensed by the endorsement. Sec. 04.09.410. Manufacturer sampling endorsement. (a) A manufacturer sampling endorsement authorizes the holder of a brewery manufacturer license, winery manufacturer license, or distillery manufacturer license to offer for consumption on the licensed premises at no charge a small sample of an alcoholic beverage produced by the manufacturer. (b) The biennial fee for a manufacturer sampling endorsement is $200. (c) A person serving a sample of an alcoholic beverage under this section must have a current alcohol server education card issued under AS 04.21.025 (c). Only the license holder or an agent or employee of the license holder may serve a sample. (d) The holder of a manufacturer sampling endorsement may serve a total volume of samples to a person on a licensed premises each day that does not exceed (1) for the holder of a brewery manufacturer license, (A) 12 ounces of beer; (B) six ounces of sake; or (C) the alcoholic equivalent of (A) or (B) of this paragraph; (2) for the holder of a winery manufacturer license, (A) six ounces of wine, mead, or cider containing 8.5 percent or more alcohol by volume; (B) 12 ounces of mead or cider containing less than 8.5 percent alcohol by volume; or (C) the alcoholic equivalent of (A) or (B) of this paragraph; (3) for the holder of a distillery manufacturer license, 1.5 ounces of distilled spirits; the holder of the distillery manufacturer license may combine the holder's distilled spirits under this paragraph with other ingredients that are not alcoholic beverages, including mixers, liquids, and garnishes. (e) A person who offers a sample of an alcoholic beverage for consumption on the licensed premises of a brewery, winery, or distillery without an endorsement under this section commits the offense of unendorsed sampling. (f) Unendorsed sampling is a violation and is punishable by a fine of $500. (g) The holder of a manufacturer sampling endorsement who fails to comply with the requirements of (c) or (d) of this section commits the offense of failure to comply with the terms of a manufacturer sampling endorsement. (h) Failure to comply with the terms of a manufacturer sampling endorsement is a violation. Sec. 04.09.420. Multiple fixed counter endorsement. (a) A multiple fixed counter endorsement authorizes the holder of a beverage dispensary license or a beverage dispensary tourism license to sell or serve alcoholic beverages on the licensed premises from multiple fixed counters. (b) The biennial fee for a multiple fixed counter endorsement is $200. (c) In addition to the fee under (b) of this section, the initial application fee for each fixed counter covered under the endorsement is $1,250. (d) An initial application for a multiple fixed counter endorsement must include an annotated drawing of the location of each fixed counter in the licensed premises. (e) A fixed counter at which alcoholic beverages are sold or served to the public for consumption covered under a multiple fixed counter endorsement must be a regularly maintained fixed counter or service bar that has plumbing connections to permanent plumbing. Multiple fixed counters must be located in the same building under the same contiguous licensed premises as set out in regulation, except as provided for the holder of a hotel or motel endorsement under AS 04.09.430 or a large resort endorsement under AS 04.09.440 . The board shall adopt regulations to implement this subsection. (f) The holder of a beverage dispensary license or a beverage dispensary tourism license who maintains multiple fixed counters without an endorsement under this section commits the offense of unendorsed service at multiple fixed counters. (g) The holder of a multiple fixed counter endorsement who fails to comply with the requirements of (e) of this section commits the offense of multiple fixed counter endorsement noncompliance. (h) Unendorsed service at multiple fixed counters is a violation and is punishable by a fine of $500. (i) Multiple fixed counter endorsement noncompliance is a violation. Sec. 04.09.430. Hotel or motel endorsement. (a) A hotel or motel endorsement authorizes the holder of a beverage dispensary license or a beverage dispensary tourism license that is a hotel, motel, resort, or similar business premises that caters to the traveling public as a substantial part of its business to sell or serve alcoholic beverages on the licensed premises, including in a dining room, banquet room, and other public areas approved by the board, and in guest rooms. (b) The biennial fee for a hotel or motel endorsement is $200. (c) The holder of a beverage dispensary license or a beverage dispensary tourism license that is a hotel, motel, resort, or similar business premises that caters to the traveling public as a substantial part of its business shall apply for a multiple fixed counter endorsement under AS 04.09.420 to sell or serve alcoholic beverages at a secondary location located in a building different than the licensed premises for the beverage dispensary license or a beverage dispensary tourism license if the different building (1) is located on the same property as, adjacent to, or attached to the originally licensed premises; (2) principally caters to guests of the hotel or motel; and (3) principally encourages the tourism trade at the hotel or motel. (d) The holder of a hotel or motel endorsement may stock alcoholic beverages in guest rooms, for sale and consumption only in the guest room. Alcoholic beverages stocked under this subsection must be stocked by an employee who is 21 years of age or older, may not be supplied or resupplied during hours that the sale of alcoholic beverages is prohibited as provided under AS 04.16.010 (a) and (d), and must be stored in a unit using a key or combination lock system within the guest room. A key lock system must be designed to prevent the removal of the key unless the unit is locked. Except for the licensee, or an agent or employee of the licensee, a key or combination enabling a person to obtain alcoholic beverages stocked in a guest room may be provided only to a guest who occupies the room and who is 21 years of age or older. (e) The holder of a hotel or motel endorsement shall exercise control over conduct of the business in all areas of the licensed premises. (f) The holder of a beverage dispensary license or a beverage dispensary tourism license who engages in activity under this section without an endorsement under this section commits the offense of unendorsed hotel or motel service. (g) The holder of a hotel or motel endorsement who fails to comply with the requirements of this section commits the offense of hotel or motel endorsement noncompliance. (h) Unendorsed hotel or motel service is a violation and is punishable by a fine of $500. (i) Hotel or motel endorsement noncompliance is a violation. Sec. 04.09.440. Large resort endorsement. (a) A large resort endorsement authorizes the holder of a beverage dispensary license or a beverage dispensary tourism license that is a large resort to sell or serve alcoholic beverages from multiple locations on the resort property to guests for consumption in areas on the site of the large resort, including a dining room, banquet room, guest room, open air venue, and ingress or egress route between those areas. (b) The biennial fee for a large resort endorsement is $200. (c) The holder of a large resort endorsement shall apply for a multiple fixed counter endorsement under AS 04.09.420 to sell or serve alcoholic beverages from multiple locations within the large resort's property. The locations do not need to be located in the same building or on the same parcel, but must be within the boundary of the large resort, as that term is defined in (h) of this section. (d) The holder of a large resort endorsement may sell or serve alcoholic beverages only from locations on the site of the large resort. (e) For federal income tax purposes, the profit and loss from the licensed business conducted at locations on the resort under a large resort endorsement, other than guest rooms, must be combined or consolidated with the profit and loss from the licensed business conducted under the multiple fixed counter endorsement. (f) The holder of a large resort endorsement shall exercise control over conduct of the business in all areas of the licensed premises. (g) A holder of a beverage dispensary license with a large resort endorsement may stock alcoholic beverages in guest rooms, for sale and consumption only in the guest room. Alcoholic beverages stocked under this subsection must be stocked by an employee who is 21 years of age or older, may not be supplied or resupplied during hours that the sale of alcoholic beverages is prohibited as provided under AS 04.16.010 (a) and (d), and must be stored in a unit using a key or combination lock system within the guest room. A key lock system must be designed to prevent the removal of the key unless the unit is locked. Except for the licensee, or an agent or employee of the licensee, a key or combination enabling a person to obtain alcoholic beverages stocked in a guest room may be provided only to a guest who occupies the room and who is 21 years of age or older. (h) In this section, “large resort” means a resort that offers both outdoor recreational activities and overnight lodging to the public and is located on a site consisting of at least 10 contiguous acres containing one or more parcels of real property owned by the licensee or leased by the licensee, or a combination of parcels owned by the licensee and leased by the licensee. (i) The holder of a beverage dispensary license or a beverage dispensary tourism license who engages in activity for which a large resort endorsement is required under this section without an endorsement under this section commits the offense of unendorsed large resort service. (j) The holder of a large resort endorsement who fails to comply with the requirements of (c) — (g) of this section commits the offense of large resort endorsement noncompliance. (k) Unendorsed large resort service is a violation and is punishable by a fine of $500.00 (l) Large resort endorsement noncompliance is a violation. Sec. 04.09.450. Restaurant endorsement. (a) A restaurant endorsement authorizes the holder of a beverage dispensary license, fair license, golf course license, sporting activity or event license, club license, outdoor recreation lodge license, destination resort license, or beverage dispensary tourism license to allow a person (1) under 21 years of age access as provided in (e) of this section to the premises of a bona fide restaurant on the licensed premises; and (2) to enter or remain on the licensed premises to consume food or nonalcoholic beverages as authorized under AS 04.16.010 (c)(5). (b) The biennial fee for a restaurant endorsement is $200. (c) An application for a restaurant endorsement must specify the establishment or portion of the establishment that constitutes a bona fide restaurant. (d) The board may issue an endorsement under this section only if the board finds (1) that the establishment or portion of the establishment for which the endorsement is requested is a bona fide restaurant; (2) there is supervision on the premises adequate to reasonably ensure that a person under 21 years of age will not obtain alcoholic beverages; and (3) that it is unlikely that persons under 21 years of age not employed on the premises will enter and remain on the premises of the bona fide restaurant for purposes other than dining. (e) The board may authorize the holder of a license with a restaurant endorsement (1) to allow a person who is at least 16 years of age but under 21 years of age to enter and remain on the licensed premises for dining only; (2) to allow a person who is under 16 years of age to enter and remain on the licensed premises for dining only if (A) the person is accompanied by a person who is 21 years of age or older; and (B) the parent or guardian of the person consents to the person being on the licensed premises; and (3) subject to AS 04.16.049 , to employ or permit the employment of a person who is at least 16 years of age but under 21 years of age on the premises of the bona fide restaurant if the employer provides adequate supervision to ensure that the person does not obtain alcoholic beverages. (f) The holder of a license who engages in activity under this section without an endorsement under this section commits the offense of unendorsed restaurant service. (g) The holder of a restaurant endorsement who engages in activity not authorized by the board under (e) of this section or fails to comply with the requirements of (e) of this section commits the offense of restaurant endorsement noncompliance. (h) Unendorsed restaurant service is a violation and is punishable by a fine of $500.00 (i) Restaurant endorsement noncompliance is a violation. Sec. 04.09.460. Package store shipping endorsement. (a) A package store shipping endorsement authorizes the holder of a package store license to sell alcoholic beverages to a person who makes an order to that licensee for shipment. (b) The biennial fee for a package store shipping endorsement is $200. (c) An endorsement holder may ship alcoholic beverages only to the purchaser and may ship alcoholic beverages only in response to an order. The endorsement holder may not, in response to an order, ship alcohol to a purchaser at an address other than the address where the purchaser resides or, if the purchaser resides in a municipality or established village that has adopted a local option under AS 04.11.491 (a)(1), (2), or (3) or (b)(1) or (2) for which a community delivery site has been designated under AS 04.11.491 (f), to an address other than that community delivery site except as provided by AS 04.11.491 (f)(1) and (2). (d) An endorsement holder shall provide written or electronic information on fetal alcohol syndrome and fetal alcohol effects resulting from a woman's consumption of alcohol during pregnancy to the purchaser in response to an order. (e) If a shipment is to 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), an endorsement holder may not ship to a purchaser more than 10.5 liters of distilled spirits or 24 liters or more of wine, or either a half-barrel keg of brewed beverages or 12 gallons or more of brewed beverages in individual containers in a calendar month, or a lower amount of distilled spirits, wine, or brewed beverages if the municipality or established village has adopted the lower amount by local option under AS 04.11.491 (g). Before shipping alcohol to a purchaser in a restricted area, an endorsement holder shall consult the database maintained by the board under AS 04.06.095 for any alcoholic beverage shipments made to the purchaser during that calendar month by a package store. An endorsement holder may not ship an amount of alcoholic beverages to a purchaser in a restricted area that, when added to the amount already shipped, exceeds the amount authorized by this subsection. An endorsement holder shall immediately enter into the database the date and the amount of alcoholic beverages shipped to the purchaser. (f) An endorsement holder may not divide or combine shipments of alcoholic beverages so as to circumvent the limitation imposed under (e) of this section. (g) In this section, “endorsement holder” means the holder of a package store license with a package store shipping endorsement, and an agent or employee of the holder of a package store license with a package store shipping endorsement. (h) The holder of a package store license who ships alcoholic beverages without an endorsement under this section commits the offense of unendorsed package store shipping. (i) The holder of a package store shipping endorsement who fails to comply with the requirements of (c) — (f) of this section commits the offense of package store shipping endorsement noncompliance. (j) Unendorsed package store shipping is a violation and is punishable by a fine of $500. (k) Package store shipping endorsement noncompliance is a violation. Sec. 04.09.470. Package store delivery endorsement. (a) A package store delivery endorsement authorizes the holder of a package store license to deliver alcoholic beverages to the location of a social event as set out in this section. For purposes of this subsection, the board shall define by regulation the term “social event.” (b) The biennial fee for a package store delivery endorsement is $200. (c) The holder of a package store delivery endorsement may deliver alcoholic beverages only in response to an order. The board shall adopt regulations specifying the occasions for which delivery of alcoholic beverages is allowed and the manner of delivery by the licensee. (d) The holder of a package store delivery endorsement may deliver alcoholic beverages only to a responsible adult at the delivery location specified on the order. The responsible adult shall provide identification and acceptable proof of age under AS 04.21.050 and acknowledge in writing receipt of the alcoholic beverages. (e) The holder of a package store license who delivers alcoholic beverages without an endorsement under this section commits the offense of unendorsed package store delivery. (f) The holder of a package store delivery endorsement who fails to comply with the requirements of (c) and (d) of this section commits the offense of package store delivery endorsement noncompliance. (g) Unendorsed package store delivery is a violation and is punishable by a fine of $500. (h) Package store delivery endorsement noncompliance is a violation. Sec. 04.09.480. Package store repackaging endorsement. (a) A package store repackaging endorsement authorizes the holder of a package store license to subdivide and sell alcoholic beverages from original packages with federally compliant labels to smaller containers with the standard federal government warnings and the product name. (b) The biennial fee for a package store repackaging endorsement is $200. (c) A package store licensee with a package store repackaging endorsement may (1) subdivide alcoholic beverages (A) for sale on the licensed premises by opening the original package for the purpose of subdividing the contents into smaller packages; or (B) in response to a purchase request from a person who is on the licensed premises or purchase order submitted in accordance with AS 04.09.470 (c); (2) permit an agent or employee to subdivide alcoholic beverages, but may not permit a customer or another person who is not an agent or employee of the licensee to subdivide alcoholic beverages. (d) The holder of a package store license who repackages alcoholic beverages without an endorsement under this section commits the offense of unendorsed package store repackaging. (e) The holder of a package store repackaging endorsement who fails to comply with the requirements of this section commits the offense of package store repackaging endorsement noncompliance. (f) Unendorsed package store repackaging is a violation and is punishable by a fine of $500. (g) Package store repackaging endorsement noncompliance is a violation. Sec. 04.09.490. Package store sampling endorsement. (a) A package store sampling endorsement authorizes the holder of a package store license to offer for consumption on the licensed premises at no charge a small sample of an alcoholic beverage from its inventory during the package store's stated hours of business, but not between the hours of midnight and 8:00 a.m. (b) The biennial fee for a package store sampling endorsement is $200. (c) Only the license holder or an agent or employee of the license holder may serve a sample. (d) The holder of a package store sampling endorsement may serve a total volume of samples to a person on a licensed premises each day that does not exceed (1) 12 ounces of beer or mead or cider, if the mead or cider contains less than 8.5 percent alcohol by volume; (2) six ounces of wine, sake, or mead or cider, if the mead or cider contains 8.5 percent or more alcohol by volume; (3) 1.5 ounces of distilled spirits; or (4) the alcoholic equivalent of (1), (2), or (3) of this subsection. (e) The holder of a package store sampling endorsement may not publicly advertise, including through printed news, radio, or television, sampling activities conducted under the endorsement. However, the holder of a package store sampling endorsement may notify existing customers of sampling activities, including by electronic means. (f) A person who offers a sample of an alcoholic beverage for consumption on the licensed premises of a package store without an endorsement under this section commits the offense of unendorsed package store sampling. (g) Unendorsed package store sampling is a violation and is punishable by a fine of $500. (h) The holder of a package store sampling endorsement who fails to comply with the requirements of (a) and (c) — (e) of this section commits the offense of failure to comply with the terms of a package store sampling endorsement. (i) Failure to comply with the terms of a package store sampling endorsement is a violation. Sec. 04.09.500. Bowling alley endorsement. (a) A bowling alley endorsement authorizes the holder of a beverage dispensary license or a beverage dispensary tourism license to sell or serve alcoholic beverages in the concourse or lane areas of the bowling alley adjacent to the main bar area. (b) The biennial fee for a bowling alley endorsement is $200. (c) The board may issue a bowling alley endorsement only if the concourse or lane areas of the bowling alley or both are (1) designated as part of the licensed premises for the beverage dispensary license or a beverage dispensary tourism license; and (2) adjacent to the main bar area. (d) Notwithstanding AS 04.16.049 , the board may, upon application, authorize access by persons under 21 years of age to the concourse or lane areas or both that are designated part of the licensed premises of the bowling alley during hours when no alcoholic beverages are being sold, served, or consumed. (e) The periods during which persons under 21 years of age may be permitted access to the licensed premises must be clearly posted on the licensed premises. (f) The holder of a beverage dispensary license or a beverage dispensary tourism license who sells or serves alcoholic beverages in the concourse or lane areas of a bowling alley without an endorsement under this section commits the offense of unendorsed bowling alley service. (g) The holder of a bowling alley endorsement under this section who fails to comply with the requirements of (e) of this section or who permits access by a person under 21 years of age to the concourse or lane areas of the bowling alley during hours when alcoholic beverages are being served in the concourse or lane areas commits the offense of bowling alley endorsement noncompliance. (h) Unendorsed bowling alley service is a violation and is punishable by a fine of $500. (i) Bowling alley endorsement noncompliance is a violation. Sec. 04.09.510. Golf course endorsement. (a) A golf course endorsement authorizes the owner of a golf course who has obtained a beverage dispensary license or a beverage dispensary tourism license to sell or serve alcoholic beverages on the golf course, driving range, club house and other buildings located on the course, and a vending cart carrying beverages or food to, from, or on the course, excluding the parking lot. (b) The biennial fee for a golf course endorsement is $200. (c) An application for a golf course endorsement must include a drawing of the golf course with an annotated illustration and a description of the portions of the course that are licensed premises and that are intended to be covered by the endorsement. (d) The holder of a beverage dispensary license or beverage dispensary tourism license who sells or serves alcoholic beverages on a golf course without an endorsement under this section commits the offense of unendorsed golf course service. (e) The holder of a golf course endorsement who fails to comply with (a) of this section commits the offense of golf course endorsement noncompliance. (f) Unendorsed golf course service is a violation and is punishable by a fine of $500.00 (g) Golf course endorsement noncompliance is a violation. Sec. 04.09.520. Brewery repackaging endorsement. (a) A brewery repackaging endorsement authorizes the holder of a brewery manufacturer license who held a license to operate a brewpub under former AS 04.11.135 and was operating a brewpub on the day before the effective date of this section and who also holds, wholly or in part, a beverage dispensary license, beverage dispensary tourism license, restaurant or eating place license, or a seasonal restaurant or eating place tourism license to offer the holder's brewed beverages for sale for consumption off the licensed premises and to subdivide and sell the holder's brewed beverages from original packages with federally compliant labels to smaller containers with the standard federal government warnings and the product name. (b) The biennial fee for a brewery repackaging endorsement is $200. (c) A brewery manufacturer licensee with a brewery repackaging endorsement (1) is authorized to sell, each day, to a person on the licensed premises for consumption off the licensed premises, not more than 5.167 gallons of the holder's beer or sake; (2) may permit an agent or employee to subdivide the holder's brewed beverages, but may not permit a customer or another person who is not an agent or employee of the licensee to subdivide the holder's brewed beverages. (d) In this section, “licensed premises” means a premises licensed under a beverage dispensary license, beverage dispensary tourism license, restaurant or eating place license, or a seasonal restaurant or eating place tourism license that is controlled by a brewery manufacturer licensee. (e) The holder of a brewery manufacturer license who repackages brewed beverages without an endorsement under this section or a brewery retail license under AS 04.09.320 commits the offense of unendorsed brewery repackaging. (f) The holder of a brewery repackaging endorsement who fails to comply with the requirements of this section commits the offense of brewery repackaging endorsement noncompliance. (g) Unendorsed brewery repackaging is a violation, punishable by a fine of $500.00 (h) Brewery repackaging endorsement noncompliance is a violation. Article 6. Permits. Sec. 04.09.600. Types of permits. (a) A permit allows catering and serving activities for a specific period on a single specified premises and allows an eligible nonprofit organization to host a fundraising or not-for-profit event. (b) The director may issue only the permits authorized in AS 04.09.600 — 04.09.710. An application for a permit must be received by the director not less than three business days before the first day of the event. Except for a conditional contractor's permit issued under AS 04.09.710 , the director shall require every person who will serve or sell alcohol or check identification of a patron during a permitted event to complete an alcohol server education course under AS 04.21.025 before the first day of the permitted event. (c) An applicant for a permit must follow the application requirements set out in AS 04.11.260 . (d) A permit, other than an inventory resale permit under AS 04.09.690 and a conditional contractor's permit under AS 04.09.710 , is valid only on the premises, for the event, and for the period specified. (e) The holder of an approved permit may submit a written request for amendment of the approved permit to change the event date, site, designated area, or designated time. The holder of the approved permit shall submit the request to the director not later than three business days before the event and shall include approval of the law enforcement agency having jurisdiction over the site of the event for which the amended permit is sought. (f) The holder of an approved permit shall ensure that the individuals serving alcohol have completed alcohol server training as required under AS 04.21.025 before the first day of the permitted event. (g) A permit may not be transferred to another person or another location and, except for a conditional contractor's permit under AS 04.09.710 , may not be renewed. (h) Except as otherwise provided in AS 04.09.690 for an inventory resale permit and AS 04.09.710 for a conditional contractor's permit, the fee for a permit shall be set by the board in regulation. The fee must be at least $50 for each day of the event. (i) The director shall approve or deny a permit application. If the director denies a permit application, the applicant may appeal to the board. Sec. 04.09.610. Beverage dispensary caterer's permit. A beverage dispensary caterer's permit authorizes the holder of a beverage dispensary license or beverage dispensary tourism license to sell or dispense alcoholic beverages at conventions, picnics, sporting activities or events, concerts, street festivals, or similar affairs held off the holder's licensed premises for which a beverage dispensary license or beverage dispensary tourism license would not otherwise be required. The permit may be issued only for designated premises for a specific occasion and for a limited period. Sec. 04.09.620. Restaurant caterer's dining permit. (a) A restaurant caterer's dining permit authorizes the holder of a restaurant or eating place license or a seasonal restaurant or eating place tourism license to sell brewed beverages and wine before and during the service of food provided by the licensee at a single dining event held off the holder's licensed premises. (b) The director may issue a restaurant caterer's dining permit only for designated premises for a specific occasion and for a limited period. (c) The licensee shall provide food in conjunction with the service of brewed beverages and wine under a restaurant caterer's dining permit. The licensee shall comply with the requirements for gross receipts from food sales for a restaurant or eating place license under AS 04.09.210 (e) or a seasonal restaurant or eating place tourism license under AS 04.09.360 (g). Sec. 04.09.630. Club caterer's permit. (a) A club caterer's permit authorizes the holder of a club license to sell or dispense alcoholic beverages at an event held off the club's licensed premises. (b) The application for a club caterer's permit filed under AS 04.11.260 must be signed by two officers of the organization. (c) A restriction or prohibition under AS 04.09.220 regarding a club member or a guest of a club member applies at the premises covered by the permit. (d) The director may not issue more than three club caterer's permits to the holder of a club license in a calendar year. Sec. 04.09.640. Art exhibit event permit. (a) An art exhibit event permit authorizes the holder of a beverage dispensary license, a beverage dispensary tourism license, a restaurant or eating place license, or a seasonal restaurant or eating place tourism license to sell and serve brewed beverages and wine for consumption at a specific art exhibit event. (b) The director may issue an art exhibit event permit only for a specific art exhibit event at premises designated in the application, for a limited period specified in the application. (c) The director may not grant more than 12 art exhibit event permits to a licensee in a calendar year. (d) An art exhibit event permit may not be exercised during an event that is expected to attract attendees under 21 years of age. (e) Food must be provided in conjunction with the service of brewed beverages and wine under an art exhibit event permit. Sec. 04.09.650. Music festival permit. (a) A music festival permit authorizes the holder of a restaurant or eating place license to sell or dispense beer and wine for consumption at a festival with multiple live music performances held off the holder's licensed premises. (b) The board may issue a music festival permit to the holder of a restaurant or eating place license only if the licensed premises of the restaurant or eating place is located in the unorganized borough. (c) The board may issue a music festival permit only for (1) a designated premises and for a limited period, not to exceed four calendar days; (2) a music festival that has existed at the same location for a period of at least 10 years before the application for the permit is filed; and (3) a music festival that is located in the unorganized borough. (d) The board may not issue more than one music festival permit to the holder of a restaurant or eating place license in a calendar year. Sec. 04.09.660. Nonprofit organization event permit. (a) A nonprofit organization event permit authorizes the holder to sell or dispense brewed beverages or wine for consumption at an event organized by the nonprofit organization. (b) Only a nonprofit organization, such as a fraternal, civic, professional, or patriotic organization, that is incorporated under AS 10.20 and has been active for a period of at least two years before filing an application is eligible for a nonprofit organization event permit. (c) The application for a nonprofit organization event permit filed under AS 04.11.260 must be signed by two officers of the organization. The nonprofit organization shall submit, together with the application, (1) either a signed copy of a resolution adopted by the board of directors or a copy of the minutes from a board meeting of the nonprofit organization authorizing the application; and (2) a sworn affidavit showing the length of time the organization has been in existence. (d) The director may not issue more than five nonprofit organization event permits to a nonprofit organization, including an auxiliary of the organization, in a calendar year. A nonprofit organization event permit may be issued only for designated premises for a specific occasion and for a limited period as specified in the application. (e) The nonprofit organization shall ensure that all profits derived from the sale of brewed beverages or wine under a nonprofit organization event permit are paid to the organization that holds the permit and not to an individual. Sec. 04.09.670. Alcoholic beverage auction permit. (a) An alcoholic beverage auction permit authorizes the holder to sell alcoholic beverages by outcry, silent, or online auction. An alcoholic beverage auction permit is sufficient to authorize a nonprofit organization under (b) of this section to sell alcoholic beverages by outcry, silent, or online auction, and no other permit or license is required. An alcoholic beverage auction permit may be operated on the licensed premises of a beverage dispensary license, beverage dispensary tourism license, club license, restaurant or eating place license, or seasonal restaurant or eating place license. (b) Only a nonprofit organization, such as a fraternal, civic, professional, or patriotic organization, that is incorporated under AS 10.20 and has been active for a period of at least two years before filing an application is eligible for an alcoholic beverage auction permit. (c) The application for an alcoholic beverage auction permit filed under AS 04.11.260 must be signed by two officers of the organization. The nonprofit organization shall submit, together with the application, (1) either a signed copy of a resolution adopted by the board of directors or a copy of the minutes of a board meeting of the nonprofit organization authorizing the application; and (2) a sworn affidavit showing the length of time the organization has been in existence. (d) The director may not issue more than five alcoholic beverage auction permits to a nonprofit organization, including an auxiliary of the organization, in a calendar year. The director may issue a permit only for designated premises for a specific event and for a limited period as specified in the application. (e) The nonprofit organization shall ensure that all profits derived from the sale of brewed beverages or wine under an alcoholic beverage auction permit are paid to the organization that holds the permit and not to an individual. (f) The nonprofit organization may not permit consumption at the auction site of the alcoholic beverages being auctioned under an alcoholic beverage auction permit. Sec. 04.09.680. Package store tasting event permit. (a) A package store tasting event permit authorizes the holder of a package store license to sell or dispense alcoholic beverages at a tasting event held on the licensed premises, or unlicensed areas of the property where the package store is located, excluding the parking lot. (b) A tasting event must be for the purpose of promoting products available for purchase from the package store licensee; only products sold by the package store licensee may be sold or dispensed at the event. (c) The director may issue a package store tasting event permit only for a specific tasting event at premises designated in the application for a limited period specified in the application. (d) The director may not issue more than six package store tasting event permits in a calendar year to a package store licensee. If a person holds two or more package store licenses, then the director shall treat each license as separate and distinct when applying the limitation under this subsection, regardless of how many other licenses the person holds, wholly or in part. (e) The director may not issue a package store tasting event permit for a period that (1) is longer than four hours; (2) ends later than 9:00 p.m. (f) Food must be provided in conjunction with the service of alcoholic beverages under a package store tasting event permit. Sec. 04.09.690. Inventory resale permit. (a) An inventory resale permit authorizes the holder to sell the remaining inventory of alcoholic beverages of a business when the owner of the business no longer has a valid license under this title. (b) The fee for an inventory resale permit is $100. (c) The holder of an inventory resale permit may sell the remaining alcoholic beverage inventory only to the holder of a valid license under this chapter. (d) The director may issue an inventory resale permit for a period ending 90 days after the date of expiration or forfeiture of the license. The director may not issue a permit if the license was suspended or revoked. Sec. 04.09.700. Live music or entertainment permit. (a) A live music or entertainment permit authorizes the holder of a brewery retail license, winery retail license, or distillery retail license to allow live music or other entertainment on the licensed premises where consumption occurs. (b) The director may not issue more than four live music or entertainment permits to a licensee in a calendar year. The director may issue a live music or entertainment permit only for designated premises for a specific occasion and for a limited period during a single day between the hours of 9:00 a.m. and 9:00 p.m., as specified in the application. Sec. 04.09.710. Conditional contractor's permit. (a) A conditional contractor's permit authorizes the holder to sell brewed beverages or wine for consumption only on designated premises for the designated period of the permit under AS 04.11.680 at construction sites that are located outside a city and inside the boundaries of a military or naval reservation. (b) The biennial conditional contractor's permit fee is $1,250. (c) An applicant for a conditional contractor's permit must obtain and file with the board written permission from the commanding officer of the military or naval reservation and the prime contractor of the remotely situated project for the conduct of the activities authorized by the permit. A conditional contractor's permit may be renewed biennially upon reapplication for a permit and may be revoked or suspended at the discretion of the commanding officer or the prime contractor. (d) A conditional contractor's permit may not be transferred and is not valid after the completion of the holder's contract or the closing of the military or naval reservation. Sec. 04.09.720. Failure to comply with a permit requirement. (a) A person who engages in activity that requires a permit under AS 04.09.600 — 04.09.710 without having a permit and a person who violates the terms of a permit issued under AS 04.09.600 — 04.09.710 commits the offense of failure to comply with a permit requirement. (b) Except as provided in (c) of this section, failure to comply with a permit requirement is a violation. (c) Failure to comply with a permit requirement of an inventory resale permit under AS 04.09.690 or a conditional contractor's permit under AS 04.09.710 is a violation punishable by a fine of $500. Article 7. Common Carrier Approval. Sec. 04.09.750. Common carrier approval. (a) A common carrier may not transport or deliver alcoholic beverages to a person in the state unless the board has approved the common carrier under (b) of this section. (b) A common carrier may apply to the board, on a form prescribed by the board, for approval to transport and deliver alcoholic beverages to persons in the state. The board shall approve an application if the common carrier certifies that it will meet the requirements under (c) and (d) of this section. (c) A common carrier delivering alcoholic beverages to a person in the state shall ensure that the package containing alcoholic beverages is delivered directly to a person who (1) presents identification and acceptable proof of age under AS 04.21.050 showing that the person is 21 years of age or older; and (2) provides a signature acknowledging that the person received the package. (d) A common carrier approved by the board under (b) of this section shall make records of shipments of alcoholic beverages to persons in the state available for inspection and audit by the board. The board may require periodic reporting of approved common carriers on a form prescribed by the board.

(e) The board shall maintain, periodically review, and make available for public inspection a list of approved common carriers for transport and delivery of alcoholic beverages to persons in the state. (f) The board may remove a previously approved common carrier from the list if the common carrier transports or delivers alcoholic beverages in violation of (c) or (d) of this section. (g) 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 (c). (h) A common carrier that has not been approved by the board to transport and deliver alcoholic beverages and that transports or delivers alcoholic beverages into or within the state commits the offense of unapproved common carrier transport or delivery of alcoholic beverages. (i) An approved common carrier that violates a provision under (c) or (d) of this section commits the offense of common carrier noncompliance for transport or delivery of alcoholic beverages. (j) Unapproved common carrier transport or delivery of alcoholic beverages is a violation and is punishable by a fine of $500. (k) Common carrier noncompliance for transport or delivery of alcoholic beverages is a violation. Article 8. Prohibited Acts. Sec. 04.09.800. Unlicensed retail sale. (a) A person commits the crime of unlicensed retail sale if the person knowingly operates without the appropriate license a retail operation that requires a license under this chapter. (b) Unlicensed retail sale is a class A misdemeanor.