Section 3.304.645. Written orders for alcoholic beverages; other transporting of alcoholic beverages; local governing body authority.

	(a)  Repealed 5/11/96.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 that bears the purchaser's signature and that shows by date of birth or statement of age that the purchaser is at least 21 years of age:  
		(1) valid government-issued photographic identification from any state;  
		(2) a foreign passport.  
	(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;  
		(5) states the physical residence address of the purchaser; the address must be sufficient for the licensee to determine whether the residence is within an area that has restricted the sale, importation, or possession of alcoholic beverages under AS 04.11.491; and  
		(6) is entered into the written order database established under AS 04.06.095, if the alcoholic beverages are to be shipped to an area that has restricted the sale of alcoholic beverages under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2); an order that is subject to this paragraph may not be for an amount of alcoholic beverages that, when added to the amount already shipped in a calendar month to the purchaser, exceeds the amount authorized under AS 04.11.150(g) as indicated in the database.  
	(d)  A written order  
		(1) except as provided in (2) of this subsection, 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;  
		(2) that is required, under AS 04.11.150(g) or 3 AAC 304.640, to be entered into the written order database established under AS 04.06.095 may not be modified after it is entered into the database; in calculating whether alcoholic beverages may be shipped to a purchaser under AS 04.11.150(g), the licensee shall use the date that the order is entered into the database; if the amount ordered, when added to the amount already shipped in a calendar month to the purchaser, exceeds the amount authorized under AS 04.11.150(g) as indicated in the database, the licensee may hold the order for up to 72 hours and reenter it into the database for the next month as a new order; however, if the licensee cannot reenter the order as a new order within 72 hours after receipt, the licensee shall return the order to the purchaser unfilled; if they may be shipped to a purchaser under AS 04.11.150(g) and (e) of this section, alcoholic beverages shipped in response to the 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)  In response to a written order, a licensee  
		(1) may not package or deliver alcoholic beverages, or enter a written order into the written order database established under AS 04.06.095, until full payment is received at the licensed premises;  
		(2) may  
			(A) personally deliver the alcoholic beverages on the licensed premises to the purchaser or to an individual who may legally possess alcoholic beverages and who is specifically authorized in the written order to receive the purchase and deliver it to the purchaser; to verify the identity of the purchaser or the individual specifically authorized in the written order to receive the purchase, the licensee shall require the purchaser or that individual to present an original of one of the forms of identification listed in (b) of this section; or  
			(B) ship the alcoholic beverages 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; and  
		(3) must package an order that is delivered or shipped under this subsection 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, and may label or mark alcoholic beverage containers processed through the community delivery site. 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, if the alcoholic beverages are to be shipped to an area that has restricted the sale of alcoholic beverages under AS 04.11.491(a)(1), (2), (3) or (b)(1) or (2),  
			(A) enter a written order, within 24 hours after receiving full payment, into the written order database established under AS 04.06.095; and  
			(B) notify the board within 24 hours if the amount ordered, when added to the amount already shipped in a calendar month to the purchaser, exceeds the amount authorized under AS 04.11.150(g) as indicated in the database.  
	(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.  

Authorities

04.06.090;04.06.095;04.06.100;04.11.010;04.11.150;04.11.491;04.11.497;04.11.503;04.16.051;04.16.052;04.16.060;04.16.125;04.21.010;44.62.125

Notes

Reference

3 AAC 304.640
3 AAC 304.642

Authority

AS 04.06.090 AS 04.06.095 AS 04.06.100 AS 04.11.010 AS 04.11.150 AS 04.11.491 AS 04.11.497 AS 04.11.503 AS 04.16.051 AS 04.16.052 AS 04.16.060 AS 04.16.125 AS 04.21.010 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 former 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 former 13 AAC 104.645 carries forward the history from former 15 AAC 104.645. As of Register 203 (October 2012), and acting under AS 44.62.125(b)(6), the regulations attorney relocated former 13 AAC 104.645, and made conforming technical changes to 3 AAC 304.645 to reflect ch. 55, SLA 2012. Chapter 55, SLA 2012 relocated the Alcoholic Beverage Control Board from the Department of Public Safety to the Department of Commerce, Community, and Economic Development. The history note for 3 AAC 304.645 carries forward the history from former 13 AAC 104.645.

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; am 12/13/2009, Register 192; am 3/14/2012, Register 201

References

15.104.645;13.104.645;3.304.645