Increasing Public Involvement in Liquor Licensing Decisions

by Senator Dave Donley - 9/17/98

This past legislative session I worked to increase public input into Alcohol Beverage Control Board decisions on the issuance, renewal and transfer of liquor licenses. I authored three amendments to an ABC Board sunset bill (SB 233) to: 1. increase the public membership on the ABC Board, 2. require police to notify the ABC Board of arrests made at liquor licensed premises, and 3. allow ABC Board Enforcement Officers to make arrests for prostitution and gambling at liquor licensed facilities. These amendments would have taken a positive step toward increasing public input on alcohol licensing issues and better protecting the public. SB 233 passed the Senate but the House passed its own version (HB 458) without addressing these issues. Ultimately, the Legislature passed a version of

HB 458 which extended the existence of the ABC Board for only one year, ensuring that these issues will be considered again next year.

The first amendment changed the composition of the ABC Board from three public and two industry members to four public and one industry member. This would have allowed greater public input in liquor licensing decisions and hopefully would have resulted in less reluctance to impose license sanctions when violations have occurred. Legislative Auditors, in a September, 1997 report noted that public members tend to vote for stronger licensing action, while industry members vote favorable to the licensee.

Another change I authored requires peace officers who make arrests on liquor licensed premises to notify the ABC Board. Law enforcement agencies rarely inform the ABC Board of arrests, yet the Board is required to impose sanctions if arrests for gambling or prostitution are made at licensed establishments. Notification of such arrests will assist the Board when considering license sanctions.

The last amendment would have allowed the Commissioner of Public Safety to give limited police powers to ABC Board enforcement officers allowing them to investigate gambling and prostitution on liquor licensed premises. Current law allows enforcement officers to investigate only liquor related violations.

An additional amendment I offered that did not pass would have required a two-thirds vote of the ABC Board to take any licensing action opposed by either a community council or a local government.

These changes would make a positive step toward protecting public interest and increasing community involvement in liquor licensing decisions. I hope Anchorage community councils will support such amendments next year when ABC Board sunset legislation is considered again.

DD/kb