|
What
is the procedure for adopting
a local option?
A
local
option
is
adopted
under
the
state's
local
option
election
procedure
found
in AS
04.11.507
-
.509.
The
process
varies
some,
depending
on
whether
the
option
is
being
adopted
within
the
boundaries
of
an
incorporated
municipality
or
an
established
village.
In
both
cases,
the
process
involves
a
petition
filed
with
the
appropriate
authority
to
initiate
the
process
and
an
election
on
the
question
if
the
petition gets
the
appropriate
number
of
good
signatures.
Title
4
directs
that
upon
receipt
of
a
petition
containing
signatures
of
registered
voters
equal
to
or
more
than
35
percent
of
the
number
of
votes
cast
at
the
last
regular
municipal
election
or,
in
the
case
of
an
established
village,
35
percent
or
more
of
the
registered
voters
residing
within the
village,
the
appropriate
entity
will
place
on
a
separate
ballot
whichever
local
option
action
is
the
subject
of
the
petition.
In
a
municipality
the
election
is
conducted
under
the
municipality's
regular
or
special
election
ordinance,
the
municipal
election
statutes
found
in
AS
29.26.110 - 160,
and
the
procedure
spelled
out
in
Title
4.
In
the
case
of
an
established
village,
a
special
election
is
conducted
under
the
provisions
of
the
state's
election
statute
found
in
Alaska
Statutes
Title
15
and
administered
by
the
lieutenant
governor's
office.
See
the
LOGON
chapters
on Elections for
additional
information
on
conducting
a
local
option
election.
What
is the procedure for changing
or removing a local option?
The
same
procedure
used
to
enact
a
local
option
is
used
to
change
or
remove
a
local
option.
A
local
option
cannot
be
removed
or
changed
to
a
less
restrictive
option
within
12
months
of
the
date
of
adoption,
nor
can
an
option
question
be
put
to
the
vote
more
than once
in
an
18-month
period
(AS
04.11.507(f).
Also,
in
a
municipality
a
new
petition
may
not
be
filed
on
the
same
matter
sooner
than
six
months
after
a
petition
is
rejected
(AS
29.26.160).
In
addition to the local option
process, are there other methods
for regulating alcohol?
Both
Title
4
and
Title
29
authorize
regulation
of
alcohol.
Under AS
04.11.480 a
local
governing
body
may
protest
the
issuance,
renewal,
relocation,
transfer,
or
continued
operation
of
a
license
or
recommend
conditions
to
be
placed
on
the
license
(The
board
must
provide
notice
of
an
application
within
10
days
of
receiving
it
(AS
04.11.520)).
In
addition, AS
04.11.491(f)
authorizes
a
municipality
or
established
village,
that
has
adopted
a
local
option
to
prohibit
or
limit
sale
of
alcohol,
to
further
control
alcohol
by
designating
a
site
for
delivery
of
alcohol
in
amounts
over
one
liter
of
distilled
spirits,
two
liters
of
wine,
or
one
gallon
of
malt
beverage.
AS
04.21.010 authorizes
a
municipality
to
enact
ordinances
governing
importation,
barter,
sale,
consumption,
and
possession
consistent
with
the
provisions
of
Title
4
and
clarifies
that
an
ordinance
is
not
inconsistent
if
it
limits:
the
monthly
amounts
that
may
be
imported,
the
percent
of
alcohol
that
a
beverage
may
contain,
and
the type
of
container
that
may
be
possessed. Alaska
Statute
29.35.080
also
authorizes
a
municipality
to
regulate
as
authorized
in
title
4
through
protest
or
adoption
of
a
local
option
and
municipal
ordinance.
Is
it
legal
to
make "home
brew"?
AS
04.21.015 addresses
private
manufacture
of
alcohol.
In
communities
that
have
exercised
their
option
to
control
alcohol
through
the
local
option
process,
whichever
local
option
is
in
place
for
the
community
applies
to
manufacture
of
alcohol
within
the
jurisdiction
of
the
community. AS
04.21.015 exempts
private
manufacture
of
alcohol
from
the
provisions
of
Title
4,
except
in
communities
that
have
adopted
a
local
option
or
in
cases
where
the
amount
manufactured
exceeds
the
limits
allowed
under
federal
regulation. Federal
regulation
27
CFR
25.205 imposes
limits
on
the
amount
of
homemade
alcohol
that
can
be
legally
manufactured.
What
is the boundary of the area that
is subject to the local option?
A
municipality
has
jurisdiction
within
its municipal
boundary and
can
enforce
a
local
option
within
that
boundary.
Within
an
established
village,
the
local
option
enacted
by
the
community
may
be
enforced
within
a
5-mile
radius
of
the
Post
Office
or,
if
there
is
no
Post
Office,
within
5-miles
of
a
point
designated
by
the
governing
body
or
ABC Board
if
there
is
no
established
village
or
the
perimeter
does
not
accurately
reflect
the
boundary
of
the
established
village
(AS
04.11.508).
If
a municipality that has enacted
a local option dissolves, is
the local option still in effect?
Yes.
If
a
municipality
dissolves,
a
local
option
in
effect
remains
in
effect
for
an
established
village
within
the
area
encompassed
by
the
previous
municipal
boundary;
however,
a
license
for
premises
operated
by
the
municipality
expires
when
the
municipality
dissolves.
(AS
04.11.491(e))
Does
a municipality have to pass a
local option in order to run
a municipal liquor store?
No. AS
04.11.505 provides
that a municipality
must obtain a license if a
majority
of the voters vote to prohibit
the sale of alcohol except
on
premises operated by the municipality;
however, subsection (b) states, ". nothing
in this section precludes
a municipality from applying
to be a licensee
under other provisions of
this title."
Who
is
responsible
for
enforcing
a
community's
local
option
law?
State
troopers
and
state
courts
have
jurisdiction
to
enforce
local
option
laws.
Title
29
provides
municipalities
with
the
power
to
enforce
local
ordinances
and
to
prescribe
penalties
for
the
violation
of
ordinances
(AS
29.35.010[7]). AS
29.20.250 and AS
29.20.500 vest
the
mayor
and
manager
with
the
duty
and
responsibility
to
supervise
the
enforcement
of
municipal
law.
If
a
local
police
officer
is
not
available,
the mayor or manager
is
a
peace
officer
as
defined
in AS
01.10.060(a)(7)(F)
and
AS
11.81.900(b)(43)
and
is
authorized
to
take
actions
necessary
to
maintain
the
public
peace.
(See
the
Local
Government
Handbook
chapter
on "Ordinances"
for
more
information
on
enforcement
of
ordinances.)
Peace
Officer definitions
AS
01.10.060(a)(7) "peace
officer" means
- (A)
an
officer
of
the
state
troopers;
- (B)
a
member
of
the
police
force
of
a
municipality;
- (C)
a
village
public
safety
officer;
- (D)
a
regional
public
safety
officer;
- (E)
a
United
States
marshal
or
deputy
marshal;
and
- (F)
an
officer
whose
duty
it
is
to
enforce
and
preserve
the
public
peace
AS 11.81.900(b)(43) "peace
officer" means
a
public
servant
vested
by
law
with
a
duty
to
maintain
public
order
or
to
make
arrests,
whether
the
duty
extends
to
all
offenses
or
is
limited
to
a
specific
class
of
offenses
or
offenders.
Can
a municipality impose a fine
for a violation of a local option
law?
Yes.
A
local
option
law
is
a
local
law
and
the
local
governing
body
may
impose
a
penalty
for
violation
of
its
law.
State
law AS
29.25.070
authorizes
a
governing
body
to
impose
a
penalty
for
a
violation
of
a
municipal
ordinance
and AS
04
21.010(b) authorizes
a
municipality
to
adopt
an
ordinance
making
the
sale,
importation,
or
possession
of
alcoholic
beverages
a
misdemeanor
to
the
extent
prohibited
under
the
local
option.
See
LOGON
chapter
on Municipal
Ordinances, and
the
Local
Government
Handbook
Chapters
on Ordinances
and Maintaining
Public
Safety,
for
more
information.
Note:
Penalties
may
be
imposed
only
if
copies
of
the
ordinances
are
made
available
to
the
public
at
no
more
than
cost.
Can
a municipality tax alcoholic
beverages?
Yes
and
no.
If
a
municipality
imposes
a
property
| 