Sec. 04.11.010. License or permit required; presumption concerning possession for sale.

460 words·~2 min read·/ak/title-4/chapter-11/04-11-010

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as provided in AS 04.11.020 , a person may not knowingly

(1)possess for barter, traffic in, or barter an alcoholic beverage unless under license or permit issued under this title; or

(2)manufacture an alcoholic beverage, sell an alcoholic beverage, offer an alcoholic beverage for sale, or possess an alcoholic beverage for sale in an area that has adopted a local option under AS 04.11.491 unless under license or permit issued under this title.

(b)Except as provided in this subsection, a person may not solicit or receive orders for the delivery of an alcoholic beverage in an area that has adopted a local option under AS 04.11.491 . If the area has adopted a local option under AS 04.11.491 (a)(1), (2), or

(3)or (b)(1) or (2), a package store licensee outside of that local option area may receive orders as provided under a package store shipping endorsement under AS 04.09.460 but may not solicit in that area or receive orders through an agent or employee in that area. This subsection does not apply to a package store licensee who operates a package store in an area that has adopted a local option under AS 04.11.491 (a)(2)(C) or (3)(C) or (b)(2)(C). A person who violates this subsection is punishable upon conviction as provided under AS 04.16.200

(a)or (b).

(c)Unless a municipality or established village has adopted a more restrictive local option under AS 04.11.491 (g), in a criminal prosecution for possession of alcoholic beverages for barter or sale in violation of

(a)of this section, AS 04.09.060 , 04.09.140, or AS 04.09.800 , the fact that a person

(1)possessed more than 10 1/2 liters of distilled spirits or 24 liters or more of wine, or either a half-barrel keg of brewed beverages or 12 gallons or more of brewed beverages in individual containers in an area where the sale of alcoholic beverages is restricted or prohibited under AS 04.11.491 creates a presumption that the person possessed the alcoholic beverages for barter or sale;

(2)sends, transports, or brings more than 10 1/2 liters of distilled spirits or 24 liters or more of wine, or either a half-barrel keg of brewed beverages or 12 gallons or more of brewed beverages in individual containers to an area where the sale of alcoholic beverages is restricted or prohibited under AS 04.11.491 creates a presumption that the person sent, transported, or brought the alcoholic beverages for barter or sale in the area.

(d)In this section,

(1)“bring” has the meaning given in AS 04.11.499 ;

(2)“send” has the meaning given in AS 04.11.499 ;

(3)“transport” has the meaning given in AS 04.11.499 .