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(a) Repealed 5/11/96.
(b) Alcoholic beverages may be sold in response to a written order only if the licensee has the original or a clear photocopy of one of the following documents which bears the purchaser's signature and which shows by birth date or statement of age that the purchaser is at least 21 years of age:
(1) an Alaska driver's license;
(2) a numbered Alaska identification card issued by the Alaska Department of Public Safety;
(3) a numbered license or other numbered form of identification issued by another state or by the United States Government; or
(4) a paper provided by the purchaser, containing a dated, signed, and sworn statement of a judge, magistrate, postmaster, or peace officer that the purchaser is known to him or her to be at least 21 years of age.
(c) Alcoholic beverages may be sold in response to a written order only if the written order
(1) is signed and dated by the purchaser;
(2) describes in reasonable detail the type and quantity of alcoholic beverages being ordered;
(3) refers by number to the purchaser's proof-of-age document required by (b) of this section;
(4) bears a signature reasonably determined by the licensee to match that on the proof-of-age document; and
(5) states the residence address of the purchaser.
(d) A written order may be modified by the licensee within five working days after receipt of the written order if the modification is in accordance with an oral or written communication from the purchaser. If a modification is made, the licensee shall note on the original order the date of modification and the manner in which the modification was requested by the purchaser. Alcoholic beverages shipped in response to a written order must be packaged and shipped within five working days after receipt of the written order by the licensee or the licensee's agent or employee.
(e) A licensee may not package or deliver alcoholic beverages in response to a written order until full payment is received at the licensed premises. The alcoholic beverages may be personally delivered on the licensed premises to the purchaser or to an individual specifically authorized in the written order to receive the purchase and deliver it to the purchaser, or may be shipped by common or regulated carrier to the purchaser. If the order is to be shipped to a community that has specified a delivery site under AS 04.11.491 (f), the order must be shipped to the purchaser at that delivery site address. An order that is shipped must be packaged by the licensee in a shipping container that bears a non-removable label that identifies the licensee, shows the written order number assigned under (m) of this section, and contains the words "alcoholic beverages" in letters at least two inches high and drawn in lines one-quarter inch wide. Additionally, one copy of the sales invoice must be enclosed in a non-removable, sealed envelope securely attached to the shipping container. Invoices must be legibly hand written or typed, prepared by the licensee or licensee's agent or employee, and show the description, quantity, unit price, extended price, and total value of the alcoholic beverages in the container. If the container is addressed to a delivery site in a municipality that imposes a sales and use tax on alcoholic beverages under AS 04.21.010 (c)(4), or controls the quantity that may be imported under AS 04.21.010 (a)(1), the invoice may be retained by a municipality.
(f) The community delivery site must be secure from unauthorized access, reasonably located for access by the public, clean and heated, and controlled by the local governing body to assure protection of orders for purchasers. The site must be open for pick-up by purchasers at least once a week, for three hours between 8 a.m. and 8 p.m. Alcoholic beverages may be claimed from the community delivery site only by the purchaser named on the container. The purchaser shall sign for the order on a form stating that the beverages are not for resale. The local governing body may impose reasonable storage and handling fees chargeable to the purchaser. Upon approval of a community delivery site, the board will notify package store licensees who have filed the notice required in AS 04.11.150 (a) that written orders for shipment into the community may only be shipped to the community delivery site.
(g) Repealed 5/11/96.
(h) Repealed 5/11/96.
(i) Repealed 5/11/96.
(j) Repealed 9/11/98.
(k) Repealed 5/11/96.
( l ) The board will, in its discretion, maintain a list of persons who, under AS 04.16.200 , are convicted after 10/24/87 of a violation of AS 04.11.010 , and will, in its discretion, provide this list to package store licensees. A licensee who receives the list may not sell alcoholic beverages by written order to a person whose name appears on it until the board gives written notice to the licensee that such sales are no longer prohibited.
(m) A licensee shall fasten together the documents pertaining to each written order, and shall keep them on file with the purchaser's proof-of-age document. The licensee shall retain the order documents for at least one year after delivery of the order. In addition, the licensee shall maintain a log of written orders in a manner that allows cross-reference to the documents for each order. The log must assign an order number to each written order, and must show for each order the purchaser's name, dates the order was received, modified, and shipped or delivered, and the address to which shipment was made.
(n) A package store licensee who sells alcoholic beverages in response to written orders
(1) shall promptly notify the board of any person who places one or more written orders in a single week for, in the aggregate, more than 36 gallons of malt beverages, more than 12 cases of wine, or more than 36 liters of distilled spirits, and of any customer who engages in a regular practice of ordering alcoholic beverages in similarly large quantities;
(2) shall immediately notify the board of any customer who places one or more written orders within a monthly period for, in the aggregate, more than 12 liters of distilled spirits, 24 liters or more of wine, or 12 gallons or more of malt beverages for shipment to an area that has restricted the sale of alcoholic beverages under AS 04.11.491 .
(3) repealed 7/19/2000.
( o ) If alcoholic beverages are not delivered to the purchaser personally on the licensed premises, title to the alcoholic beverages passes from the licensee to the purchaser at the time the alcoholic beverages are packed and addressed to the purchaser and payment is received, and these actions are sufficient to constitute a sale on the licensed premises.
(p) A package store licensee may not ship alcoholic beverages
(1) to a person other than the purchaser;
(2) in response to a telephonic order; or
(3) by taxi cab.
(q) After written notification to the board by a local option municipality that it has imposed a sales and use tax on alcoholic beverages under AS 04.21.010 (c)(4), a package store licensee that sells alcoholic beverages by written solicitation under AS 04.11.150 (a) may not ship or deliver alcoholic beverages into that municipality until payment for the taxes is collected at the licensed premises in accordance with the ordinances of that municipality. The licensee shall remit the payments of taxes to the municipality for which the tax was collected.
History: Eff. 11/29/81, Register 80; am 3/31/85, Register 93; am 10/24/87, Register 104; am 7/30/89, Register 111; am 5/1/94, Register 130; am 5/11/96, Register 138; am 9/11/98, Register 147; am 7/19/2000, Register 155; am 8/24/2001, Register 159
Authority: AS 04.06.090
Editor's note: As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 15 AAC 104.645 to 13 AAC 104.645, to reflect Executive Order 110 (2003). Executive Order 110 relocated the Alcoholic Beverage Control Board from the Department of Revenue to the Department of Public Safety. The history note for 13 AAC 104.645 carries forward the history from former 15 AAC 104.645.
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Last modified 7/05/2006