§ 4.03.080. Purchase of alcoholic beverages.

A.

The purchase of alcoholic beverages in Kotzebue may occur only at the package store established by this chapter until such time as a city-owned-and-operated beverage dispensary, licensed bar and/or city-owned-and-operated licensed restaurant is opened and in operation, at which time alcoholic beverages may also be purchased at such city-owned-and-operated facilities. Sales transactions for alcoholic beverages may be made only by an authorized officer or employee of the city.

B.

The following persons are not authorized to purchase alcoholic beverages and no sales shall be made to such persons:

1.

A person believed to be a drunken person by the package store employee in charge of the package store at the time the request to purchase is made;

2.

A person who is unable to provide his/her current, valid permit to the package store employee;

3.

A person who is unable to satisfy the package store employee by means of a duly-issued, official identification, with such identification requirements as set by regulations approved by the LBCB, that he/she is the person to whom the permit was issued;

4.

A person who fails or refuses to pay all amounts owing the city with respect to the alcoholic beverages;

5.

A person who, under A.S. 04.16.200 has been convicted within the preceding two years of a violation of A.S. 04.11.010;

6.

For so long as the court order is in effect, a person whom a court has ordered not to consume or possess alcohol if the package store has been so notified by the Kotzebue Police Department;

7.

For so long as the condition is in effect, a person who has been released from custody pending trial or who has been released on probation, parole or under similar circumstances, if a condition of the release is that the person not consume or possess alcoholic beverages if the package store has been so notified by the Kotzebue Police Department;

8.

A person who is not able to satisfactorily prove that their domicile is the place shown on the permit; or

9.

A person who has voluntarily placed himself/herself on a "no sale list" on such terms and conditions as established by duly-adopted LBCB regulations.

C.

An authorized package store employee may not sell alcoholic beverages to a person who is not authorized to purchase alcoholic beverages.

D.

A person who is not authorized to purchase alcoholic beverages may not buy them at the package store or elsewhere.

E.

Before the package store employee may refuse to sell alcohol to a person for reasons set out in subsections B.5., 6. or 7., above, the package store must be in possession of a copy of the court order or judgment or either a copy of the conditioned release or written confirmation of the conditioned release and the terms of the conditions relating to alcohol consumption, or a confirmation by the court, the chief of police or the LBCB of the criminal judgment. The burden of showing that the order, condition of release or condition of probation or parole, above, is no longer in effect is upon the person to whom the order or condition or criminal judgment applied.

(Ord. No. 10-04, § 3(Exh. B), 4-1-2010)