NOTICE OF PROPOSED CHANGES TO PACKAGE STORE WRITTEN OR ELECTRONIC ORDERS AND SHIPMENTS FROM A MANUFACTURER DIRECT SHIPMENT LICENSEE IN THE REGULATIONS OF THE ALCOHOLIC BEVERAGE[...]

NOTICE OF PROPOSED CHANGES TO PACKAGE STORE WRITTEN OR ELECTRONIC ORDERS AND SHIPMENTS FROM A MANUFACTURER DIRECT SHIPMENT LICENSEE IN THE REGULATIONS OF THE ALCOHOLIC BEVERAGE CONTROL BOARD

NOTICE OF PROPOSED CHANGES TO PACKAGE STORE WRITTEN OR ELECTRONIC ORDERS AND SHIPMENTS FROM A MANUFACTURER DIRECT SHIPMENT LICENSEE IN THE REGULATIONS OF THE ALCOHOLIC BEVERAGE CONTROL BOARD

BRIEF DESCRIPTION: The Alcoholic Beverage Control Board proposes to change regulations in Title 3, Chapter 305 of the Alaska Administrative Code dealing with package store written or electronic orders and shipments from a manufacturer direct shipment licensee.

The Alcoholic Beverage Control Board proposes to adopt regulation changes in Title 3, Chapter 305 of the Alaska Administrative Code, updating requirements related to package store written or electronic orders and shipments from a manufacturer direct shipment licensee, including the following:

1. 3 AAC 305.345 is proposed to be amended to apply only to written or electronic orders for shipments subject to a package store shipping endorsement, to allow for the use of an Internet-based age and identification verification service, allow for electronic recordkeeping, and to clarify the circumstances in which a licensee may personally deliver alcoholic beverages.
2. 3 AAC 305.347 is proposed to be created to address only shipments from a holder of a manufacturer direct shipment licensee and allow for the use of an Internet-based age and identification verification service and for telephonic orders.
3. 3 AAC 305.350 is proposed to be amended to make conforming changes related to written and electronic orders and shipping requirement updates.
4. 3 AAC 305.810(a) is amended to exempt the holder of a manufacturer direct shipment license from recordkeeping and operating requirements under 3 AAC 305.810, as those requirements are already set out under AS 04.09.370.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Alcohol and Marijuana Control Office at 550 W. 7^th Avenue, Suite 1600, Anchorage, Alaska, 99501. Additionally, the Alcoholic Beverage Control Board will accept comments by electronic mail at [email protected]. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the comment link. The comments must be received not later than 4:30 p.m. on June 3, 2024.

You may submit written questions relevant to the proposed action to Alcohol and Marijuana Control Office by email to [email protected] or by mail to 550 W. 7^th Avenue, Suite 1600, Anchorage, Alaska, 99501. The questions must be received at least 10 days before the end of the public comment period. The Alcohol and Marijuana Control Office will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and https://www.commerce.alaska.gov/web/amco/

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Kristina Serezhenkov at [email protected] or at 907-269-0359 not later than May 20, 2024 to ensure that any necessary accommodations can be provided.

A copy of the proposed regulations is available on the Alaska Online Public Notice System and by contacting the Alcohol and Marijuana Control Office at [email protected].

After the public comment period ends, the Alcoholic Beverage Control Board will either adopt the proposed regulations or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Statutory authority: AS 04.06.090; AS 04.06.100; AS 04.09.230; AS 04.09.370; AS 04.11.330

Statutes being implemented, interpreted, or made specific: AS 04.06.090; AS 04.06.100; AS 04.09.230; AS 04.09.370; AS 04.09.460; AS 04.09.470; AS 04.09.480; AS 04.09.490; AS 04.11.330

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

The Alcohol and Marijuana Control Office keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the Alcoholic Beverage Control Board notices of proposed regulation changes. To be added to or removed from the list, send a request to the Alcohol and Marijuana Control Office at [email protected] giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

Individuals can also signup to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.

Date: 5/1/2024

Kristina Serezhenkov, Regulations Specialist 2

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