13 AAC 104.650. Alcoholic beverages stocked in guest rooms

(a) This section applies to all stocking, sales, and consumption of alcoholic beverages in a refrigerated unit in a guest room under a permit issued under AS 04.11.090 (g).

(b) A holder of a beverage dispensary license issued under AS 04.11.090 may apply to the board for a permit issued under AS 04.11.090 (g). A holder of a beverage dispensary license issued under AS 04.11.090 may not stock or sell alcoholic beverages in a refrigerated unit in a guest room without first obtaining a permit issued under AS 04.11.090 (g).

(c) A permittee may provide a unit key or access code to a refrigerated unit in a guest room only to the permittee's agent or the permittee's employee, or to a guest who is 21 years of age or older and who occupies that guest room. A permittee, the permittee's agent, or the permittee's employee may not provide a unit key or access code to a refrigerated unit in a guest room to a drunken person nor to a person under the age of 21.

(d) A permittee may sell the following alcoholic beverages in their original closed containers from a refrigerated unit in a guest room:

(1) distilled spirits in containers of not less than one ounce nor more than two ounces;

(2) wine or vinous liquors in containers of not more than 13 fluid ounces; or

(3) beer, ale, or malt liquor in containers of not more than 12 fluid ounces.

(e) A permittee, the permittee's agent, or the permittee's employee may not stock or restock the supply of alcoholic beverages in a refrigerated unit in a guest room if that permittee, agent, or employee determines that

(1) a drunken person is in the room;

(2) a person under the age of 21 is consuming alcohol in the room;

(3) illegal gambling, illegal drug use or sales, or prostitution is occurring in the room; or

(4) the amount of alcoholic beverages in the guest room, including that in the refrigerated unit, would exceed the capacity of the refrigerated unit.

(f) A refrigerated unit stocked with alcoholic beverages must be equipped to require a unit key or coded access to prevent access to the alcoholic beverages except to a person authorized to have the unit key or coded access to the refrigerated unit. The key or coded access to the refrigerated unit in a guest room must be different from the key or coded access to the guest room.

(g) A permittee shall adhere to the following stocking restrictions:

(1) all employees handling distilled spirits, wine, beer, ale, or malt liquor being stocked in the refrigerated unit in a guest room must be 21 years of age or older;

(2) a refrigerated unit may not be restocked or replenished during any hours that a beverage dispensary licensee is prohibited from selling alcoholic beverages under AS 04.16.010 (a) and (d) or a local ordinance under AS 04.21.010 ;

(3) a refrigerated unit shall be maintained, serviced, or stocked with alcoholic beverages only by a permittee, the permittee's agent, or the permittee's employee, and no other person, with the exception of the guest who occupies the guest room, may add alcoholic beverages to a refrigerated unit or remove alcoholic beverages from a refrigerated unit; and

(4) a permittee shall adhere to the standards of quality and purity of alcoholic beverages required by state and federal law, and shall destroy any alcoholic beverages contained in a refrigerated unit in a guest room on the date considered by the manufacturer of the alcoholic beverage to be the date the product becomes inappropriate for sale to a consumer.

(h) A person who purchases an alcoholic beverage stocked in a refrigerated unit in a guest room may not remove the alcoholic beverage from that guest room, as prohibited under AS 04.11.090 (g).

(i) A violation of a provision of AS 04 or a regulation adopted under AS 04 by a permittee, the permittee's agent, or the permittee's employee in stocking or providing access to alcoholic beverages stocked in a refrigerated unit in a guest room is grounds for suspension, revocation, or nonrenewal of the permittee's beverage dispensary license.

(j) A permittee may not sell any alcoholic beverage from a coin-operated machine or similar device.

(k) A non-refundable initial and biennial fee for a refrigerated unit permit is $25 for each installed refrigerated unit in a guest room and must accompany the initial written request for a permit and each application for a biennial renewal.

( l ) In this section,

(1) "beverage dispensary license" means a license issued under AS 04.11.090 ;

(2) "drunken person" has the same meaning as in AS 04.21.080 (b)(8);

(3) "permittee" means a holder of a beverage dispensary license issued under AS 04.11.090 who is also authorized under AS 04.11.090 (g) to stock alcoholic beverages for sale and consumption in guest rooms.

History: Eff. 3/31/96, Register 137

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 104.650 to 13 AAC 104.650, 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 104.650 carries forward the history from former 15 AAC 104.650.

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