Sec. 04.16.030. Prohibited conduct relating to drunken persons.

264 words·~1 min read·/ak/title-4/chapter-16/04-16-030

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

(a)A licensee, an agent, or employee may not with criminal negligence

(1)sell, give, or barter alcoholic beverages to a drunken person;

(2)allow another person to sell, give, or barter an alcoholic beverage to a drunken person within licensed premises;

(3)allow a drunken person to enter and remain within licensed premises or to consume an alcoholic beverage within licensed premises;

(4)permit a drunken person to sell or serve alcoholic beverages.

(b)A person receiving compensation for transporting alcoholic beverages may not knowingly deliver alcoholic beverages to a drunken person.

(c)The holder of a license is strictly and vicariously liable for an offense committed under

(d)of this section by an employee or agent of the licensee on the licensed premises, punishable by an administrative penalty of $250. Notwithstanding AS 04.11.370 (a)(4) and

(5)and AS 04.16.180 (b)(1), the board may not order suspension of the license for the first violation committed on the licensed premises under this section.

(d)A person who violates this section commits the offense of prohibited conduct relating to a drunken person.

(e)Prohibited conduct relating to a drunken person is a violation, punishable by a fine of $500.

(f)A licensee who knowingly allows an agent or employee of the licensee to commit the offense of prohibited conduct relating to a drunken person under

(d)of this section commits the crime of failure to ensure compliance relating to a drunken person.

(g)Failure to ensure compliance relating to a drunken person is a class A misdemeanor.