Assembly Approves Brunch Hour Alcohol Sales Beginning at 8AM

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We are calling this a tremendous victory and collaborative win

Assembly Approves Brunch Hour Alcohol Sales Beginning at 8AM

Tuesday June 11 Regular Assembly Meeting, the Anchorage Assembly approved (10-1) AO 2024-62, As Amended, to extend hours for alcohol sales for restaurants from 10AM to 8AM, allowing the “Brunch Hour” at licensed locations effective immediately. The ordinance was amended to allow package stores to open earlier on Sundays, now at 10AM daily.

Alaska Hospitality Retailers Board of Directors and its members are thankful to Assembly Chair Christopher Constant for listening to industry perspectives and for his leadership and support on this ordinance.

This passing would not have happened without the great leadership of Assembly Chair Constant.  We also appreciate assembly members for helping to pass this hospitality friendly ordinance. Members Myers, Martinez, Littlefield, Rivera, Johnson, Zaletel, Bronga, Volland and Sulte.

Alaska Hospitality Retailers represents the entire hospitality industry under ‘one voice’ and has worked with Assembly Chair Constant in the past but, especially over the past year on AO 2024-62. This ordinance allows Anchorage Restaurants to open earlier hours than current Code allowed for service and consumption on licensed premises that also serve food by changing the required operating hours so they may serve alcohol beginning at 8:00 a.m. each day.

Christopher Constant, Assembly Chair stated, “I’m grateful for the assistance of Alaska Hospitality Retailers and the restaurant owners who have long advocated for Brunch Hour service.   With the advent of the alcohol tax in 2021 providing upward of $15,000,000 of annual revenue to support important causes like supporting our social service providers and finding upstream prevention programs to ensure healthy families; it’s a small measure of gratitude to allow restaurants to serve 2 hours earlier”.

In our testimony at the assembly meeting on June 11 we asked for clarification of current license operation hours. We clarified on record in this ordinance under “retail sales” only applies to licenses like package stores and does not affect current operating hours for all other types of licenses like bars.

Under current Code package stores were currently permitted to open at Noon on Sundays. During our testimony we asked assembly members for their consideration for package stores to be allowed to open on Sundays at 10am. Assembly Chair Constant brought forth his amendment to the ordinance allowing package stores to open at 10am on Sunday which passed. This allows package stores to service their customers 7-days per week at 10am. Another amazing win for our industry.

Ana Fisk, Liquor Stores USA North Inc. (Brown Jug) stated, “thanks Alaska Hospitality Retailers for your advocacy in amending store hours of operation; we look forward to responsibly serving our customers in Anchorage at 10 am all days of the week.”

Thank you to all restaurant and business owners for testifying and supporting this amazing win!

News Article:

Anchorage restaurants can now start serving alcohol 2 hours earlier

Anchorage 2024 Economic Forecast

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From the Anchorage Economic Development Corporation:

The last several years have been full of surprises – a mixed bag of bad and good economic news. Perhaps none has been so surprising as the United States’ ability to avoid an economic recession following years of disruption and uncertainty. The steps taken by the U.S. Federal Reserve to combat high inflation seem to be working. While these interest rate spikes have dampened private investment, price stability is expected to have a positive overall economic impact.

READ THE FULL REPORT (PDF)

Protect Your Liquor License

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As a responsible owner and operator please remember to do the following:

Stop trouble before it starts on and near your establishment.  The way your service is managed can make a difference at the end of the day.  Manage your patrons and accept no tolerance when it comes to unacceptable behavior.

Keep the community happy. Due to crime, noise, traffic, or violence, law enforcement officials might protest the approval of your liquor license. The local community may also object. The number of protesters will help determine whether your liquor license should be approved.  Be part and get involved in your designated community council.

Heighten security with better lighting, video cameras, hire security personnel, metal detectors, and by checking and possibly scanning – ID cards. When you check ID cards thoroughly the chances of underage access or court order repeated offenders entering your establishment will be limited.

Licensees should take advantage of the defenses afforded by the state liquor laws because it is the responsibility of the licensee and its employees to rely on human judgment and do everything reasonably possible to prevent minors from purchasing or entering a liquor license premise.  If necessary, a licensee should require its employees to make each patron whose age may be in question to complete a signed declaration of age form.

Keeping intoxicated persons from entering your establishment and/or by observing over service will help decrease the chances of getting a violation for drunk on premise.

Ensure responsible drinking behavior by your own employees by having a code of conduct or provisions to pay for a taxi, UBER or offer a safe ride home for people who you might suspect over-consumed.

All employees including security personnel should be certified in an alcohol training course and current copies should be available on site if asked by an enforcement officer.

Security personnel should aim to be certified in a security training course.

Have a policy & procedures manual available for all employees.

Four (4) required warning signs should be displayed where they are noticeable by patrons. 

The warning signs required must be at least 11 inches by 14 inches, and the lettering must be at least one-half inch high and in contrasting colors. The first sign must read; “Warning drinking alcoholic beverages such as beer, wine, wine coolers, and distilled spirits or smoking cigarettes can cause birth defects” (AS 04 21 065)”.  The second sign must read “Warning a person who provides alcoholic beverages to a person under 21 years of age, if convicted under AS 16 051, could be imprisoned for up to five years and fined up to $50,000”.  The third sign must read “Warning a person under 21 years of age who enters these premises in violation of law could, under AS 04 16 49 (e), be civilly liable for damages of $1,500. The third sign should be conspicuously displayed at each door through which customers enter the licensed premises. The fourth sign is required by the municipality of anchorage which is the “Warning sign for impoundment and forfeiture of vehicles AMC 10 50 035 (b).

Your business license and liquor license should be displayed at all times; you can protect the licenses from wear and tear by framing them.

Closing hours for licensed premises (Anchorage Municipal Code 10 50 010).

Premises licensed under AS 4.11.080 for the service and consumption of alcoholic beverages shall be closed for the sale, service and consumption of alcoholic beverages between the hours of 2:30 a.m. and 10:00 a.m. Monday through Friday, and between the hours of 3:00 a.m. and 10:00 a.m. on Saturday or Sunday or on a legal holiday recognized by the state under AS 44.12.010.  All other retail premises licensed under AS 4.11.080 shall be closed for the sale of alcoholic beverages between the hours of 1:00 a.m. and 10:00 a.m. Monday through Friday, and between the hours of 2:00 a.m. and 10:00 a.m. on Saturday, and between the hours of 2:00 a.m. and noon on Sunday.

Title 4 [04.16.010] – Hours of Sale and Presence on Licensed Premises.

A person may not sell, offer for sale, give, furnish, deliver, or consume an alcoholic beverage on premises licensed under this title between the hours of 5:00 a.m. and 8:00 a.m. each day.

A licensee, an agent, or employee may not permit a person to consume alcoholic beverages on the licensed premises between the hours of 5:00 a.m. and 8:00 a.m. each day.   A licensee, an agent, or employee may not permit a person to enter and a person may not enter premises licensed under this title between the hours of 5:00 a.m. and 8:00 a.m. each day. This subsection does not apply to common carriers or to an employee of the licensee who is on the premises to prepare for the next day’s business. A person may enter or remain on the premises of a bona fide restaurant or eating place licensed under this title to consume food or nonalcoholic beverages.  A municipality may provide for additional hours of closure under AS 04.21.010.

Alaska Statues [44.12.010] Legal Holidays.

The following days are legal holidays:

(1) the first of January, known as New Year’s Day;

(2) the third Monday of January, known as Martin Luther King, Jr.’s Birthday as provided       in (b) of this section;

(3) the third Monday in February, known as Presidents’ Day;

(4) the last Monday of March, known as Seward’s Day;

(5) the last Monday in May, known as Memorial Day;

(6) the fourth of July, known as Independence Day;

(7) the first Monday in September, known as Labor Day;

(8) the 18th of October, known as Alaska Day;

(9) the 11th of November, known as Veterans’ Day;

(10) the fourth Thursday in November, known as Thanksgiving Day;

(11) the 25th of December, known as Christmas Day;

(12) every Sunday;

(13) every day designated by public proclamation by the President of the United States        or the governor of the state as a legal holiday. (b) For employment purposes, Martin Luther King, Jr.’s Birthday is a legal holiday for state employees who (1) are not covered by a collective bargaining agreement; or (2) are covered by a collective bargaining agreement whose terms (A) include by name Martin Luther King, Jr.’s Birthday; or (B) have been amended to substitute a holiday on the third Monday of January for Martin Luther King, Jr.’s Birthday in place of another paid holiday.

DE-DESIGNATED ZONES

If a licensed establishment wishes to have an area near the entry door available for intoxicated patrons who have basically been “cut off” to wait for transportation, such as a taxi or friend, you can submit an interior diagram of your establishment with that area depicted as the de-designated zone to Alcoholic Beverage Control Board for consideration of approval.  Once it has been approved and removed from the licensed portion of the business, no alcohol will be permitted in that area.

The intent of the “de-designated” zone is to comply with the spirit of §AS 04.16.040 Access of drunken person to licensed premises, and to allow a safe location for patrons to wait inside from the elements of adverse weather.  It should be clearly identifiable, and must be monitored by an employee – security personnel when being occupied.

This de-designated zone concept is not intended to be used for an area to allow individuals to sober up.  Also, once the area has been classified as a “de-designated” zone, you cannot flip-flop back and forth to compensate for additional seating during peak occupancy levels.

Bringing alcoholic beverages inside the de-designated zone will be a violation of §AS 04.16.120 Removal or introduction of alcoholic beverages, since that portion of the establishment will no longer be considered part of the licensed premises.

A copy of the approved diagram must be posted in, or at the de-designated zone for inspection by law enforcement personnel.

 

Alcohol Restricted License (Title 4 Sec. 04.16.047)

[HB] 190 is an act relating to the purchase of alcoholic beverages and to access to licensed premises; relating to civil liability for certain persons accessing licensed premises; requiring driver’s licenses and identification cards to be marked if a person is restricted from consuming alcoholic beverages as a result of a conviction or condition of probation or parole and relating to fees for the marked license; and requiring the surrender and cancellation of driver’s licenses under certain circumstances.”

  • In 2007 this law came into effect and it is treated as a civil penalty just like a minor consumption penalty;
  • This is not mandatory however as responsible owners and operators we should treat this law at the same level as we treat the minor civil penalty;
  • We do not want to serve a person who has been court ordered not to enter a liquor license establishment for the purpose of purchasing alcoholic beverages;
  • In the event the location is a restaurant, the person can stay for the purpose of purchasing food only;
  • You are entitled to collect the $1,000 civil penalty fine.

Understanding Social Host Liability: Your Responsibility as a Party Host

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From TiPS…

Understanding Social Host Liability: Your Responsibility as a Party Host

The National Minimum Drinking Age Act of 1984 established the minimum drinking age at 21 in the United States, with states implementing laws that prohibit individuals under 21 years of age from purchasing or possessing alcohol in public. However, underage drinking remains a pervasive problem, prompting state legislators to enact Social Host Liability laws that assign responsibility to adults who allow minors to drink alcohol at social gatherings.

This blog will explore the responsibilities and risks associated with hosting events where alcohol is served. Visit the Alaska Hospitality Retailers website for information on TiPs Training. 

Social Host Liability Laws

Under Social Host Liability laws, individuals who knowingly provide or allow the use of alcohol by minors or intoxicated adults can be held liable for resulting property damage, injury, death, or violation fines, regardless of whether a tragedy occurs. The host may or may not be the parent; it could be the youth themselves, a sibling/cousin, a friend, or a friend’s parent. These laws aim to combat underage drinking and its negative consequences, including drunk driving, sexual assault, and other risky behaviors.

Dram Shop Laws

It is important to note that Social Host Liability laws do not apply to licensed establishments such as restaurants, bars, and liquor stores, which are covered by dram shop laws. Dram shop laws hold licensed establishments liable for injuries or damages caused by a patron who was over-served or served while visibly intoxicated. These laws are meant to encourage responsible alcohol service and provide a means for third parties to file suit for injuries and fatalities resulting from a liquor law violation.

Common Negligence Laws

In addition to Social Host Liability and dram shop laws, there are also common negligence laws that address negligent behavior related to alcohol. Negligence is defined as not doing what any reasonable person could be expected to do under a certain set of circumstances. With regard to alcohol, it is assumed that a person serving or selling alcohol can be expected to follow a set of procedures, and if they fail to do so, they have acted negligently.

Administrative Penalties for Non-Compliance

Furthermore, there are administrative penalties for non-compliance with government regulations related to alcohol service and sales. Liquor licenses and server permits are granted by state liquor control boards, and violating the terms of a license or permit can result in fines, suspension, or even revocation of the license or permit. Such penalties can cause significant damage to an establishment’s reputation and image or result in unemployment for the server or seller.

Importance of Alcohol Service Training Programs

As a server or seller of alcohol, it is crucial to be aware of the many layers of liability and responsibility associated with alcohol service. Being certified in a quality alcohol service training program, such as TIPS, can help prevent problems resulting from the misuse of alcohol. TIPS teaches servers and sellers how to recognize signs of intoxication and intervene to prevent alcohol-related tragedies. Additionally, knowing and following local laws and regulations is essential to ensuring safe and responsible alcohol service.

Visit the Alaska Hospitality Retailers website for information on TiPs Training. 

State-Specific Social Host Liability Laws

It is also important to note that Social Host Liability laws vary by state, and some states do not have such laws at all. Therefore, it is crucial to refer participants to check local ordinances or provide website information so they can learn more. Furthermore, sharing the appropriate state laws and regulations at the time of training can help ensure that servers and sellers are aware of their legal responsibilities and liabilities.

Be Safe and Host Responsibly

Responsible alcohol service involves more than just complying with age limits and ID checks. Social Host Liability laws, dram shop laws, negligence laws, and administrative penalties are all important considerations that servers and sellers must be aware of. By being knowledgeable and certified in quality alcohol service training programs, and by following local laws and regulations, servers and sellers can help prevent alcohol-related tragedies and promote responsible alcohol service.

If you are a social host and want to ensure that your events are safe and responsible, consider getting TIPS certified. TIPS provides the knowledge and skills necessary to recognize signs of intoxication, prevent over-service, and avoid liability. With TIPS training, you can help prevent alcohol-related tragedies and protect yourself from legal consequences.

Visit the Alaska Hospitality Retailers website for information on TiPs Training. 

AMCO online licensing – please register

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The Alaska Alcohol & Marijuana Control Office is privileged to announce the launching of its new on-line licensing system AK-ACCIS through myAlaska. If you are an existing licensee, your first task is to “claim the business entity” that holds your license. Once we at AMCO have substantiated your claim, you will be able to take action on behalf of your license, such as applying for renewal or a new endorsement.

Please claim your business entity now.

Instructions for claiming  your business are found on AMCO’s website. Contact AMCO at [email protected] or (907) 269-0350 with any questions you might have.

La Oficina de Control de Alcohol y Marijuana de Alaska tiene el privilegio de anunciar el lanzamiento de su nuevo sistema de licencias en línea AK-ACCIS a través de myAlaska. Si usted es dueño/dueña de una licencia, su primera tarea es “reclamar la entidad  de su licencia”. Una vez que AMCO haiga fundamentado su reclamo ósea tenga su información, podrá tomar medidas en nombre de su licencia, ejemplo: como solicitar una renovación o un nueva aprobación. Por favor reclame la entidad de su licencia ahora. Las instrucciones para reclamar su negocio/licencia se encuentran en el website de AMCO. Comuníquese con AMCO en [email protected] o (907) 269-0350 si tiene alguna pregunta.

Certify your staff in alcohol service

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There are a few ways you can get your staff certified in alcohol service through Alaska Hospitality Retailers IN-PERSON or ONLINE

In-person training through TIPs (full class) To pre-register or for information: call 646-4628 or email [email protected] – registration is required five (5) days prior to the class. Visit website for class schedule (www.alaskahospitalityretailers.org )

Class begins at 10:30am (sharp) and ends at approximately 6 hours after. Lunch will be for 30-minutes and it will be a working lunch, please bring your lunch. Additional breaks will be provided by the instructor. Price includes textbook, review course and exam, there will be no refunds once you have registered. Students must arrive 10 minutes prior to class. TIPs card less than six months expiration in order to renew your card.

AkHR Members: $45 and Non-Members $55.

  • Renewals – call instructor Danny Parish (907-223-7276) – we can schedule same day testing
  • Private classes available for groups of 5 or more students

Online training through Rserving

  • AKHR Members $18 per student – please read information below

It’s here! We’ve solidified our partnership with Rserving to offer comprehensive, high-quality online alcohol education and compliance training for the hospitality industry.

The discounted member rate is $18 per student.

Because of the extra features and discounted prices, this online-based training is only being offered to members in good standing.

If you are a paid member, please email [email protected] with your business name and request your confidential password. That password will give you access to the Member Training page.

When you renew your membership at the beginning of each year, you will receive a new password to access this password-protected section of our website.

We’re excited to continue to add to the many benefits of AKHR membership. Thank you for being a part of AKHR!

Industry News: ServSafe Newsletter

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“What goes into a food safety culture? Food safety needs to account for both the “how’s” and the “why’s” of what you do.” Watch the video from Servsafe.

PATRICK GUZZLE, THE NATIONAL RESTAURANT ASSOCIATION V.P. OF FOOD SCIENCE, REVEALS THE SECRETS TO BUILDING A CULTURE OF FOOD SAFETY. Download the E-Book.

RECAP OF TOPICS COVERED AND LINKS TO ALL NFSM 2023 CONTENT. READ THE SERVSAFE BLOG

 

 

 

Members-Only Training with Discounts

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It’s here! We’ve solidified out partnership with RServing to offer comprehensive, high-quality online alcohol education and compliance training for the hospitality industry.

Because of the extra features and discounted prices, this online-based training is only being offered to our paid members. If you are a paid member, you will receive a confidential password that you can use during the term of your AKHR membership. That password will give you access to the Member Training page.

When you renew your membership at the beginning of each year, you will receive a new password to access this password-protected section of our website.

We’re excited to continue to add to the many benefits of AKHR membership. Thank you for being a part of AKHR!

Restaurant Industry Update [National Restaurant Association]

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The National Restaurant Association newsletter is out and full of useful articles worth reading. Here are just a few:

Pups on patios: 8 tips to safely cater to canine companions

The question of whether pet dogs are legally permissible in an outdoor dining area comes down to state and local laws and regs. More than 20 states and numerous local governments have laws permitting dogs and for the first time, the FDA Food Code provides guidance on the topic. Read the article.

Changes to 2022 Food Code make donations easier

Operators who plan to donate food from their restaurants can follow these 4 tips from Association partner Food Donation Connection and our Association’s VP of Food Science and Safety. Get the tips that cover temperature control, packaging, and labeling. Learn more.

Menu labeling regulations are coming back

On May 11, the COVID-19 public health emergency declaration expires and with it the suspension of menu-labeling enforcement by the U.S. Food and Drug Administration (FDA). Operators will have until Nov. 7, 2023, to meet labeling requirements. Find out what you need to do.

Read the rest of this month’s National Restaurant Association newsletter.

How to Tell if Someone is Intoxicated: 5 Signs of Intoxication

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How to Recognize an Intoxicated Person

Everyone who drinks runs the danger of consuming alcohol excessively. Unfortunately, some people don’t know how to manage their alcohol intake. This changes a person’s behavior and makes it difficult to manage their actions. It can therefore increase the risk of an awful and unexpected outcome.

So how can you tell if a person is showing signs of intoxication? The person will exhibit symptoms of drunkenness in their behavior, coordination, and appearance. The following are examples of the behavioral cues a person may display:

1. Becoming talkative or loud indicates lowered inhibitions

2. Using foul language or misbehaving, indicating impaired judgment

3. Moving very slowly or unfocused eyes displaying slowed reactions

4. Stumbling or swaying indicates a loss of coordination

The list does not include many intoxication rate factors, which we shall discuss later.

READ MORE ON THE TiPS WEBSITE.