The Alaskan alcohol board voted unanimously Thursday to adopt the regulation that permits bar or distillery taprooms, as well as winery taprooms, to open temporarily outdoor seating areas during summer.
The decision comes after another decision in May that allowed licensed establishments to serve alcohol on outdoor areas with seating which aren’t directly in front of the licensee.
Both changes were pushed by the industry of alcohol and were not resisted by harm-reduction groups but they’re not likely to produce the desired results this summer.
Despite the expectations of business owners and business owners, the slow rate of approvals from regulators and a potential flaw in the May regulation mean Alaskans will not be able to see any changes until next summer.
In accordance with state law, the new regulations won’t take effect for 30 days following the time they’re approved by the lieutenant governor this means that Thursday’s new law won’t become binding until the end of August, at the earliest.
It’s likely to happen sooner than that since there is an Alaska Department of Law reviews every regulation before they are sent to the office of the lieutenant governor.
The time required for this review varies. A four-page change to the alcohol board’s regulations that was that was approved by the alcohol board in January wasn’t given the final approval of state attorneys until March. Then, once the clock of 30 days was put to the regulation, it didn’t take effect until April.
If the same timeline is used to Thursday’s vote, the new rule won’t be in effect until long before temperatures begin to drop towards winter.
That is only if you are sure that the Department of Law finds no issues.
The staff of staff of the Alcohol and Marijuana Control Office which oversees the industry of alcohol in this state, stated that it was the Department of Law flagged some legal issues with the rule on outdoor seating that was that was approved at the May meeting of the board. This was designed to aid businesses operating in urban areas like Anchorage.
The scope of the issues wasn’t known on Thursday. officials from the Department of Law declined comment in light of the ongoing review.
If the issue is significant enough, they will require that the board of alcohol hold an additional vote, thus resetting the clock of regulation.
Lee Ellis, president of the Brewers Guild of Alaska, stated that the rules that were approved through the board’s State Alcohol Board in May, and Thursday don’t have any direct connection however, both “were clearly influenced by COVID-19’s deregulation for seats outside.”
In the aftermath of the COVID-19 epidemic, Alaska — as in several other states loosening the rules that regulate outside seating areas for businesses that serve alcohol.
The state’s COVID emergency was over also ended those emergency exempts.
Normally, under Alaska law the outdoor seating area is required to be adjacent to a licensed structure which allows the owner of the license to be extended to the building as well as a patio.
Within Anchorage and other cities the space available is constrained and the nearest open space may be right across the street.
“What they wanted to propose was the creation of an unlicensed space that is discontinuous in order for a server to traverse a non-licensed space with alcohol-based drinks and return to an area that was licensed,” Ellis said.
He acknowledged Anchorage Assembly member Christopher Constant for coordinating a city-wide effort and for inciting state-level intervention.
Constant claimed he was unaware of the possibility of a problem until he was contacted via the Beacon.
“For myself, I want to ensure that we have the opportunity to be outdoors and enjoy our season,” he said.
The rule change on Thursday, which differs from the one that was approved in May, allows bars or distillery taprooms, wineries and other taprooms in the interim to open up an adjoining outdoor area for drinking alcohol.
The current rules permit bars and restaurants to operate in a temporary outdoor area while taprooms, which are controlled differently by law of the state cannot be permitted to. They are only permitted to be permanently outdoor. A good example is an outdoor patio that is permanent back yard that is accessible only via an indoor taproom that is licensed.
Sean Heismann of Bawden Street Brewing Company in Ketchikan was among the companies that signed a petition in favor of the changes and called it an “gigantic advantage” since he’d have the ability to utilize his parking area outside to seat customers during the summer time of tourist activity.
“Under the current regulations the absence of a approval process for seasonal outdoor seating has left of my clients (and employees, investors and …) puzzled,” he wrote. “The only thing I can do to convey their dismay and confusion is to smile and say”It’s Alaska.'”
This article was originally published in Alaska Beacon and is republished here with permission.
