News from Patrick Flynn

I’ll paste a copy of the draft ordinance at the end of this post but, before wrapping up, would like to extend the same offer to you that I made to my colleagues.  Do you think allowing bars to stay open later but not serve alcohol is a good idea?  What pitfalls do you see?  I’m sure there will be many aspects I haven’t considered and I’d really appreciate some help.

 

Regards,

 

Patrick

                                                        ANCHORAGE, ALASKA

                                                                 AO NO. 2009-

AN ORDINANCE OF THE ANCHORAGE MUNICIPAL ASSEMBLY AMENDING ANCHORAGE MUNICIPAL CODE CHAPTER 10.50, ALCOHOLIC BEVERAGES, to PROVIDE FOR AN EXTENDED CLOSING HOUR PROGRAM FOR PREMISES LICENSED BY THE STATE FOR THE SERVICE AND CONSUMPTION OF ALCOHOLIC BEVERAGES. ________________________________________________________

THE ANCHORAGE ASSEMBLY ORDAINS:

Section 1.     Anchorage Municipal Code section 10.50.010 is hereby amended to read as follows:

10.50.010  Closing hours for licensed premises.

A.        Premises licensed under AS 4.11.080 for the service and consumption of alcoholic beverages shall be closed for the sale and [,] service [and consumption] of alcoholic beverages between the hours of 2:30 a.m. and 10:00 a.m. Monday through Friday, and between the hours of 3:00 a.m. and 10:00 a.m. on Saturday or Sunday or on a legal holiday recognized by the state under AS 44.12.010. 

1.         Unless the licensee is accepted as a current participant in the Municipality’s voluntary extended closing hour program, all consumption of alcoholic beverages on premises licensed under AS 4.11.080 for the service and consumption of alcoholic beverages shall be completed by no later than 2:30 a.m. Monday through Friday, and no later than 3:00 a.m. on Saturday, Sunday, and legal holidays recognized by the state under AS 44.12.010. 

2.         Completion of consumption of a single alcoholic beverage received by a patron within lawful hours may be permitted on the premises by a licensee who has been accepted as a current participant in the Municipality’s voluntary extended closing hour program.   Consumption shall be completed within one hour of patron receipt and no later than 3:30 a.m. Monday through Friday, or within one hour of patron receipt and no later than 4:00 a.m. on Saturday, Sunday, and legal holidays recognized by the state under AS 44.12.010.  Interior premises lighting shall be maintained at full brightness beginning no later than 2:30 a.m. Monday through Friday, and no later than 3:00 a.m. on Saturday, Sunday, and legal holidays recognized by the state under AS 44.12.010. 

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(CAC 6.08.010; AO No. 81-35(S); AO No. 81-197)

Section 2.     Anchorage Municipal Code section 10.50.015 is hereby amended to read as follows:

10.50.015  Prohibited acts.

It is unlawful:

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C.        For a licensee or the licensee’s [his] employee or agent to sell, attempt to sell, furnish, or barter [or permit to be consumed] alcoholic beverages in any premises licensed under AS 4.11.080 for the service and consumption of alcoholic beverages between the hours of 2:30 a.m. and 10:00 a.m. Monday through Friday, or between the hours of 3:00 a.m. and 10:00 a.m. on Saturday or Sunday or on a legal holiday recognized by the state under AS 44.12.010.  Unless the licensee is accepted as a current participant in the Municipality’s voluntary extended closing hour program, it is unlawful for a licensee or the licensee’s employee or agent to permit alcoholic beverages to be consumed on the licensed premises between the hours of 2:30 a.m. and 10:00 a.m. Monday through Friday, or between the hours of 3:00 a.m. and 10:00 a.m. on Saturday or Sunday or on a legal holiday recognized by the state under AS 44.12.010. 

1.         If the licensee is accepted as a current participant in the Municipality’s voluntary extended closing hour program, it is not unlawful for the licensee or the licensee’s employee or agent to permit completion of consumption of no more than one alcoholic drink served to a patron within lawful hours if consumption is completed within one hour of patron receipt and no later than 3:30 a.m. Monday through Friday, or within one hour of patron receipt and no later than 4:00 a.m. on Saturday or Sunday or on a legal holiday recognized by the state under AS 44.12.010. Premises interior lighting shall be maintained at full brightness beginning no later than 2:30 a.m. Monday through Friday, and no later than 3:00 a.m. on Saturday, Sunday, and legal holidays recognized by the state under AS 44.12.010.  

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(CAC 6.08.020; AO No. 81-35(S); AO No. 81-197; AO No. 85-170; AO No. 92-32; AO No. 96-49, § 1, 3-5-96)

Section 3.     Anchorage Municipal Code section 10.50.035 is hereby amended by adding a new subsection B.9 to read as follows:

10.50.035  Operation of licensed premises.

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B.        Persons seeking the issue, transfer or renewal of licenses issued by the state alcoholic beverage control board under AS Title 4 and other applicable provisions of law shall comply with the following operations procedures:

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9.         Extended closing hour without sale or service of alcoholic beverages:  Operators seeking to participate in the Municipality’s voluntary extended closing hour program shall submit the information required on the municipal application to the municipal clerk and include a certification demonstrating at least 10-day advance written notice to the Anchorage Police Department.   Prior to assembly action regarding the issuance, renewal, transfer of ownership, or transfer of location of an alcoholic beverage license, participating operators and operators seeking to participate shall submit a new application, including the required Anchorage Police Department certification.  Participation is subject to any restrictions or conditions imposed by the Assembly for conditional use.

(AO No. 85-128(S); AO No. 86-58; AO No. 89-17; AO No. 95-84(S-1), § 20, 5-27-95; AO No. 95-202, § 1, 11-14-95; AO No. 2001-51, § 1, 2-27-01)

Section 4.     Anchorage Municipal Code section 10.50.040 is hereby amended to read as follows:

10.50.040  Application fees for conditional use permits for uses involving sale, service or consumption.

Applicants for conditional use permits required under Title 21 allowing the sale, service or consumption of alcoholic beverages shall pay the same fees as required of other applicants for conditional use permits under municipal regulations promulgated under Section 21.10.040. Applicants seeking to participate in the Municipality’s voluntary extended closing hour program for licensed premises shall submit the application fee of $_____ to the Municipal Clerk’s Office with the application. 

(AO No. 93-140(S), § 1, 2-1-94)

Section 5.     The Municipality’s voluntary extended closing hour program for licensed premises shall terminate on May 31, 2011, unless extended by ordinance.  If the Assembly fails to reauthorize the voluntary extended closing hour program for licensed premises on or before May 31, 2011, this AO 2009-XXshall sunset and be automatically repealed without any action of the Assembly.  The municipal code revisor shall note this provision in code publication and make all revisions necessary upon repeal.

Section 6.     This ordinance shall become effective immediately upon its passage and approval by the Assembly.

            PASSED AND APPROVED by the Anchorage Assembly this ______day of ____________, 2009.

                                                                                    ______________________________

                                                                                    Chair

ATTEST:

____________________________

Municipal Clerk