3 AAC 305.345 - Shipments from a package store licensee with a shipping endorsement

(a) A package store licensee with a shipping endorsement issued under AS 04.09.460 may sell alcoholic beverages in response to a written or electronic order.

(b) The licensee shall verify the age of the person who submitted the order by

(1) retaining a clear photocopy or an electronic copy of one of the following documents that includes the purchaser's signature and shows by date of birth or statement of age that the purchaser is at least 21 years of age:

(A) valid government-issued photographic identification from a state or territory of the United States;

(B) a tribal identification card issued by a federally recognized tribe with physical security features, as identified in AS 28.15.111(a)(4);

(C) a foreign or domestic passport; or

(2) using an Internet age and identification verification service; a licensee that uses an Internet age and identification verification service to verify the age of the purchaser shall retain a clear photocopy or an electronic copy of one of the identification documents described in (b)(1) of this section.

(c) A package store licensee with a shipping endorsement under AS 04.09.460 may only sell alcoholic beverages in response to a written or electronic order if the order

(1) is signed and dated by the purchaser;

(2) describes the type and quantity of alcoholic beverages ordered in reasonable detail;

(3) includes the license or identification number of the purchaser's proof-of-age document required by (b) of this section;

(4) includes a signature reasonably determined by the licensee to match that on the proof-of-age document;

(5) states the physical residential address of the purchaser in a manner that is sufficient for the licensee to determine whether the zip code of the purchaser is within an area that has restricted the sale, importation, or possession of alcoholic beverages under AS 04.11.491;

(6) includes the community delivery site's physical address if delivery is at a community delivery site designated under AS 04.11.491(f); and

(7) is entered into the written and electronic 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 AS 04.11.491(b)(1) or (2); an order subject to this paragraph may not be for an amount of alcoholic beverages that exceeds the amount authorized for the purchaser in a calendar month under AS 04.09.460(e), as indicated in the database.

(d) A written or electronic order may be modified by the licensee not later than five working days after the licensee receives the written or electronic order if the modification is in accordance with an oral or written communication from the purchaser. If the licensee makes an order modification, the licensee shall note the date of the modification and the manner in which the purchaser requested the modification on the original order. Alcoholic beverages shipped in response to a written or electronic order must be packaged and shipped within five working days after the licensee, licensee's agent, or licensee's employee receives the initial written or electronic order.

(e) Except as provided under (d) of this section, a written or electronic order that is required under AS 04.09.460(e) to be entered into the written or electronic order database established under AS 04.06.095 may not be modified after it is entered into the database. A licensee shall calculate whether alcoholic beverages may be shipped to a purchaser under AS 04.09.460(e) by using the date that the order is entered into the database to determine if the amount ordered, combined with the amount already shipped in that calendar month to the purchaser, exceeds the amount authorized under AS 04.09.460(e) as indicated in the database. If the amount ordered

(1) does not exceed the amount authorized under AS 04.09.460(e), alcoholic beverages shipped in response to the written or electronic order must be packaged and shipped not later than five working days after the licensee, licensee's agent, or licensee's employee receives the written or electronic order; or

(2) exceeds the amount authorized under AS 04.09.460(e), the licensee shall

(A) hold the order for up to 72 hours and reenter it into the database for the next calendar month as a new order; or

(B) return the order to the purchaser unfilled if the licensee cannot reenter the order as a new order within 72 hours after the licensee, licensee's agent, or licensee's employee receives the order.

(f) In response to a written or electronic order, a licensee

(1) shall provide written or electronic information to the purchaser on fetal alcohol spectrum disorder and fetal alcohol effects resulting from a woman's consumption of alcohol during pregnancy;

(2) may only package or deliver alcoholic beverages or enter a written or electronic order into the electronic or written order database established under AS 04.06.095 if the licensee has received full payment for the order at the licensed premises;

(3) may personally deliver alcoholic beverages on the licensed premises to a purchaser or an individual who may legally possess alcoholic beverages and is specifically authorized in the order to receive the purchase and deliver the alcoholic beverages to the purchaser; to verify the identity of the purchaser or the individual specifically authorized in the order to receive the purchase, the licensee shall require the purchaser or the authorized individual to present an original of one of the forms of identification listed in (b) of this section;

(4) unless the licensee personally delivers alcoholic beverages on the licensed premises under paragraph (3) of this subsection, the licensee shall ship the alcoholic beverages to the purchaser by a common carrier approved under AS 04.09.750; if the order is to be shipped to a community that has specified a delivery site under AS 04.11.491(f), the licensee shall ship the order to the purchaser at that delivery site address;

(5) shall package an order that is delivered or shipped under this subsection in a shipping container that

(A) is affixed with labelling that

(i) identifies the licensee;

(ii) shows the written order number assigned under (i) of this section; and

(iii) contains the words "alcoholic beverages"; and

(B) contains one copy of the sales invoice enclosed in a sealed envelope that is securely attached to the shipping container; the sales invoice

(i) must be legibly handwritten or typed;

(ii) must be prepared by the licensee, licensee's agent, or licensee's employee;

(iii) must show the description, quantity, unit price, extended price, and total value of the alcoholic beverages in the container;

(iv) may be retained by a municipality 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).

(g) A 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 a purchaser's order. The site must be open for the purchaser to pick-up the order at least once a week for three hours between 8:00 a.m. and 8:00p.m. Only the purchaser named on the container may claim alcoholic beverages from the community delivery site. The purchaser shall sign for the order on a form that states 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 licensees that written or electronic orders for shipment into the community may only be shipped to the community delivery site.

(h) The board shall maintain a list of persons convicted after October 24, 1987 of a violation of AS 04.11.010 under AS 04.16.200 and provide the list to package store licensees. A licensee may not sell alcoholic beverages by written or electronic order to a person whose name appears on the list unless the board gives written notice to the licensee that sales to that person are no longer prohibited.

(i) A package store licensee with a shipping endorsement issued under AS 04.09.460 shall keep a physical or electronic copy of the documents pertaining to a written order, including the purchaser's proof-of-age document, on file for not less than one year after the order is delivered. The licensee shall maintain a log of written orders that

(1) is able to cross-reference to the documents for each order;

(2) assigns an order number to each written order; and

(3) shows, for each order, the

(A) purchaser's name;

(B) dates the order was received, modified, and shipped or delivered; and

(C) address to which shipment or delivery was made.

(j) A licensee who sells alcoholic beverages in response to a written or electronic order

(1) shall promptly notify the board of a person who

(A) places one or more written or electronic orders in a single week for, in the aggregate,

(i) more than 36 gallons of brewed beverages;

(ii) more than 12 cases of wine; or

(iii) more than 36 liters of distilled spirits; or

(B) engages in a regular practice of ordering alcoholic beverages in similarly large quantities to those listed under (A) of this paragraph;

(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), or (3) or (b)(1) or (2), notify the board not more than 24 hours after calculating that the amount ordered exceeds the amount authorized under AS 04.09.460, as indicated in the database when added to the amount already shipped in that calendar month to the purchaser.

(k) If alcoholic beverages are not delivered to a 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, addressed to the purchaser, and payment is received, which constitutes a sale of the alcoholic beverages on the licensed premises.

(l) The licensee may not ship alcoholic beverages

(1) to a person other than the purchaser;

(2) in response to a telephonic order; or

(3) by a common carrier not approved by the board under AS 04.09.750.

(m) If a local option municipality submits written notification to the board that the municipality has imposed a sales and use tax on alcoholic beverages under AS 04.21.010(c)(4), a licensee that sells alcoholic beverages by written solicitation under AS 04.09.460 may not ship or deliver alcoholic beverages to 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 payment of taxes to the municipality for which the tax was collected.

Notes

3 AAC 305.345

Eff. 1/1/2024, Register 248, January 2024; am 8/23/2024, Register 251, October 2024

Authority: AS 04.06.090

AS 04.06.100

AS 04.09.230

AS 04.09.460

AS 04.09.470

AS 04.09.480

AS 04.09.490