(a) In this title,

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Terms Used In Alaska Statutes 04.21.080 v2

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(1) a person acts with “criminal negligence” with respect to a result or to a circumstance described by a provision of law defining an offense when the person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation;
(2) a person acts “knowingly” with respect to conduct or to a circumstance described by a provision of law defining an offense when the person is aware that the person’s conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist; a person who is unaware of conduct or a circumstance of which the person would have been aware had the person not been intoxicated acts knowingly with respect to that conduct or circumstance;
(3) a person acts “recklessly” with respect to a result or to a circumstance described by a provision of law defining an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation; a person who is unaware of a risk of which the person would have been aware had the person not been intoxicated acts recklessly with respect to that risk.
(b) In this title,

(1) “alcoholic beverage” means a spirituous, vinous, malt, or other fermented or distilled liquid, whatever the origin, that is intended for human consumption as a beverage and that contains one-half of one percent or more of alcohol by volume, whether produced commercially or privately; however, in an area that has adopted a local option under Alaska Stat. § 04.11.491, “alcoholic beverage” means a spirituous, vinous, malt, or other fermented or distilled liquid, whatever the origin, that is intended for human consumption as a beverage by the person who possesses or attempts to possess it and that contains alcohol in any amount if the liquid is produced privately, or that contains one-half of one percent or more of alcohol by volume, if the liquid is produced commercially;
(2) “board” means the Alcoholic Beverage Control Board;
(3) “[Repealed by 2022 amendment.]
(4) “community diversion panel” means a youth court or other group serving as a sentencing option for a person convicted under this title;
(5) “community work” means and is limited to work on projects designed to reduce or eliminate environmental damage, protect the public health, or improve public land, forests, parks, roads, highways, facilities, or education; community work may not confer a private benefit on a person except as may be incidental to the public benefit;
(6) “designated premises” means any or all designated portions of a building or structure, rooms or enclosures in the building or structure, or real estate leased, used, controlled, or operated by a licensee or permittee for the purpose for which the license or permit is issued by the board at the location of the site for which the license or permit is issued;
(7) “director” means the director of the Alcoholic Beverage Control Board;
(8) “distributing point” means a location where alcoholic beverages are distributed from a warehouse;
(9) “drunken person” means a person whose physical or mental conduct is substantially impaired as a result of the introduction of an alcoholic beverage into the person’s body and who exhibits those plain and easily observed or discovered outward manifestations of behavior commonly known to be produced by the overconsumption of alcoholic beverages;
(10) “established village” means an area that does not contain any part of an incorporated city or another established village and that is

(A) an unincorporated community that is in the unorganized borough and that has 25 or more permanent residents; or
(B) an unincorporated community that is in an organized borough, has 25 or more permanent residents, and

(i) is on a road system and is located more than 50 miles outside the boundary limits of a unified municipality, or
(ii) is not on a road system and is located more than 15 miles outside the boundary limits of a unified municipality;
(11) “foreign limited liability company” has the meaning given in Alaska Stat. § 10.50.990;
(12) “foreign limited liability partnership” has the meaning given in Alaska Stat. Chapter 32.06;
(13) “half-keg” means a keg designed to be a bulk container for, and containing not more than, 15 1/2 gallons of malt beverages;
(14) “juvenile alcohol safety action program” means

(A) a juvenile alcohol safety action program developed and implemented or approved by the Department of Health under Alaska Stat. Chapter 47.37;
(B) any other alcohol education or treatment program approved by the Department of Health and Social Services under Alaska Stat. Chapter 47.37 if a program described in (A) of this paragraph is not available in the community in which the person resides; or
(C) a program or counseling approved by the court if a program or treatment described in (A) of this paragraph is not available in the community where the person resides;
(15) “licensed premises” means any or all designated portions of a building or structure, rooms or enclosures in the building or structure, or real estate leased, used, controlled, or operated by a licensee in the conduct of business for which the licensee is licensed by the board at the specific address for which the license or an endorsement to the license is issued;
(16) “limited liability company” means an organization under Alaska Stat. Chapter 10.50;
(17) “limited liability organization” means a limited liability company, a foreign limited liability company, a limited liability partnership, or a foreign limited liability partnership;
(18) “limited liability partnership” has the meaning given in Alaska Stat. Chapter 32.06;
(19) “local governing body” means, as appropriate, a city council, a borough assembly, or a traditional village council, but does not include a corporation established under the Alaska Native Claims Settlement Act;
(20) “manufacture” means the creation of alcoholic content by use of fermentation with natural or artificial sugar or yeast or distillation.
(21) “bona fide restaurant” means an establishment or a portion of an establishment where, during all times alcoholic beverages are served or consumed,

(A) the patron’s principal activity is consumption of food; and
(B) a variety of types of food items appropriate for meals is prepared on site and available for sale as shown on a menu provided to patrons and filed with the board;
(22) “brewed beverage” means an alcoholic beverage made by fermenting cereal grains, including beer and malt beverages, sake, and kombucha;
(23) “calendar year” means the period beginning January 1 and ending December 31;
(24) “cider” means a type of wine made primarily from fermented apples, apple juice, or concentrate;
(25) “distilled spirit” means an alcoholic beverage that is first fermented and then distilled;
(26) “golf course” means a course that is open to the public, having at least nine holes, and covering at least 2,950 yards;
(27) “kombucha” means a brewed beverage made from fermented tea and containing at least one-half percent alcohol by volume;
(28) “mead” means a type of wine made primarily from honey;
(29) “sake” means a type of brewed beverage made primarily from fermented rice;
(30) “wine” means an alcoholic beverage made from fermented grapes or other fruit or honey.
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