Title 5. Amusements and Sports.

Chapter 05. Athletic Commission and Commissioner of Athletics.

Sec. 05.05.010. Creation and duties of athletic commission.
 (a) There is created an athletic commission within the Department of Commerce, Community, and Economic Development. The commission consists of four members appointed by the governor. One member of the commission shall be appointed from each of the four judicial districts. The commissioners shall be appointed for overlapping four-year terms. Members of the commission serve at the pleasure of the governor and shall be selected on the basis of their known interest in and knowledge of athletics in the state.

 (b) The commission shall act in an advisory capacity to the commissioner of athletics and shall perform other duties assigned to it by the commissioner.




Sec. 05.05.020. Commissioner of athletics.
 (a) The governor shall appoint the commissioner of athletics to serve at the governor’s pleasure. The commissioner shall be selected on the basis of knowledge of and contribution to athletics in the state. The commissioner serves for a period of five years.

 (b) The commissioner shall, with the aid and counsel of the commission, adopt regulations governing athletics and athletic programs and contests as the commissioner considers necessary, expedient, and appropriate. The regulations have the force and effect of law.




Sec. 05.05.030. Jurisdiction, duties, and powers.
 (a) [Repealed, § 35 ch 126 SLA 1994.]
 (b) Nothing in this chapter gives the commissioner or the commission jurisdiction over the athletes or the athletic programs of any elementary or high school or a college or university.

 (c) Each member of the commission shall attend and supervise all boxing and wrestling events in the member’s area unless an official inspector attends the event under AS 05.10.110. A member may attend other athletic events in the member’s area that the member considers necessary. A member may provide for the attendance of a physician whose fees shall be paid for by the promoter or manager of the event.




Sec. 05.05.040. Meetings and compensation of athletic commission.
The commission may meet at least once a year at the call of the governor. When called, the members of the commission may, at the election of the governor, receive travel expenses incurred in carrying out the purposes of this chapter. A member may receive the per diem allowance for time spent at meetings allowed by law or by executive order.


Chapter 10. Boxing and Wrestling.

Sec. 05.10.010. Licenses for boxing and wrestling matches.
The athletic commission may issue, and for cause revoke, a license to conduct boxing contests, sparring or wrestling matches, or exhibitions as provided in this chapter under terms and conditions and at times and places as the commission may determine. The holder of a license may conduct boxing contests, sparring and wrestling matches, and exhibitions under terms and conditions and at times and places as the commission may determine. If the commission refuses to grant a license to an applicant, or cancels a license, the applicant, or the holder of the cancelled license may, upon application, have a hearing under the provisions of AS 44.62 (Administrative Procedure Act).


Sec. 05.10.020. Power of commission.
The commission shall direct, supervise, and control all boxing contests, or sparring and wrestling matches or exhibitions conducted inside the state, and a boxing contest, sparring or wrestling match or exhibition may not be held inside the state except in accordance with the provisions of this chapter.


Sec. 05.10.030. License for contest, match, or exhibition where admission fee is charged; exemption.
The commission may issue, and for cause revoke, a license to conduct, hold, or give boxing, sparring and wrestling contests, matches, and exhibitions where an admission fee is charged by a club, corporation, organization, association, or fraternal society. However, boxing contests, sparring or wrestling matches or exhibitions conducted by an elementary school, high school, college, or university, whether public or private, or by the official student association thereof, whether on or off the school, college, or university grounds, where all the participating contestants are bona fide students enrolled in an elementary school, high school, college, or university, inside the state, are not subject to this chapter.


Sec. 05.10.040. Examination of participants in unlicensed contests.
Every contestant in a boxing contest, sparring or wrestling match not conducted under this chapter shall be examined within eight hours before the contest by a practicing physician. The examining physician may disqualify any contestant the physician considers physically unfit to participate.


Sec. 05.10.050. Regulations applicable to educational institutions.
The scholastic organizations exempted from the provisions of this chapter shall comply with the regulations of the commission applicable to boxing contests, sparring or wrestling matches, or exhibitions conducted by it.


Sec. 05.10.060. License required.
Except as provided in this chapter, a boxing contest, sparring or wrestling match or exhibition may not be conducted inside the state except under a license issued in accordance with this chapter and the regulations of the commission.


Sec. 05.10.070. Application for license.
A club, corporation, organization, association, or fraternal society affected by this chapter may apply to the commission for a license. An application must be in writing and upon a form prescribed by the commission and must be verified in the manner the commission requires and accompanied by an annual license fee of $100.


Sec. 05.10.080. Duration of license.
The licenses provided for in AS 05.10.070 and 05.10.120 shall be issued for a six-month or 12-month period and shall expire on June 30 and December 31 of each year.


Sec. 05.10.090. Licensee bond.
A licensee shall file a good and sufficient bond in the sum of $1,000 with the commission in cities of fewer than 10,000 inhabitants and a good and sufficient bond in the sum of $2,500 in cities of more than 10,000 inhabitants. The bond must be conditioned for the faithful performance by the licensee of the provisions of this chapter, the payment of the taxes as provided for in this chapter, and the obeying of all regulations of the commission. The bond is subject to the approval of the attorney general.


Sec. 05.10.100. Statement and report of contest.
A licensee shall, within three days before the holding of a boxing contest, sparring or wrestling match, or exhibition, file with the commission a statement setting forth the name of each contestant, the contestant’s manager, and other information the commission requires. One week after the completion of the contest, the licensee shall file with the Department of Revenue and the commission a written verified report, showing the number of tickets sold for the contest, the price charged for them and the gross proceeds from the sale, and other information the commission requires.


Sec. 05.10.110. Inspectors.
The commission may appoint official inspectors. In the absence of a member of the commission, at least one inspector shall be present at any boxing contest, sparring or wrestling match, or exhibition held under this chapter. An inspector shall carry a card signed by the chairman of the commission evidencing the inspector’s authority. The inspector shall see that all regulations of the commission and the provisions of this chapter are strictly complied with and shall be present at the accounting of the gross receipts of the contest. An inspector may receive from the licensee the statement of receipts provided for in this chapter and shall immediately transmit the statement to the commission and to the Department of Revenue. An inspector is entitled to a fee not exceeding $7.50 for each contest officially attended.


Sec. 05.10.120. Annual licenses to participants; fees; exemptions; designation of referee.
 (a) The commission may grant annual licenses upon application in compliance with the regulations adopted by the commission and the payment of the fees prescribed for managers, referees, examining physicians, boxers, wrestlers, seconds, and trainers.

 (b) The following is the schedule of annual fees:
     (1) examining physicians, $10;

     (2) managers, $50;

     (3) referees, $10;

     (4) seconds, $10;

     (5) trainers, $10;

     (6) boxers, $10;

     (7) wrestlers, $10.

 (c) This section does not apply to contestants or participants in strictly amateur contests or fraternal organizations or veterans’ organizations chartered by congress or a federal department or a bona fide athletic club holding and promoting athletic contests or smokers where all funds are used primarily for the benefit of their members.

 (d) The annual license may be revoked by the commission for cause under AS 44.62 (Administrative Procedure Act).

 (e) The commission shall designate the referee for the contest from among licensed referees.

 (f) A person may not participate or serve in any of the above capacities unless licensed as provided in this chapter.




Sec. 05.10.130. Participation in purse or conducting sham contest.
A person or a member of any group of persons or corporation promoting wrestling or boxing exhibitions or contests who participates directly or indirectly in the purse or fee of a manager of a boxer or wrestler or a boxer or a wrestler, and a licensee who conducts or participates in any sham or fake boxing contest or sparring match or exhibition, forfeits the license granted under this chapter and the commission shall declare the license cancelled and void and the licensee may not thereafter receive another license.


Sec. 05.10.140. Suspensions for violations.
A contestant who participates in a sham or fake boxing contest or sparring match or exhibition or who violates a regulation of the commission shall be penalized as follows:
     (1) for the first offense the contestant shall be restrained by order of the commission for a period of at least three months from participating in a contest held under the provisions of this chapter, with the suspension taking effect immediately after the occurrence of the offense;

     (2) for a second offense the contestant shall be permanently suspended from participation in a contest held under the provisions of this chapter.




Sec. 05.10.150. Failure to make reports.
Whenever a licensee fails to make a report of a contest within the time prescribed by this chapter or when the report is unsatisfactory to the commission or to the Department of Revenue, the secretary shall examine the books and records of the licensee. The secretary may subpoena and examine under oath the licensee and any other person the secretary considers necessary to a determination of the total gross receipts from a contest and the amount of tax on the receipts. If, upon the completion of the examination, it is determined that an additional tax is due, notice shall be served upon the licensee, and, upon failure to pay the additional tax within 20 days after service of the notice, the licensee forfeits the license and is permanently disqualified from receiving a new license. In addition the licensee and the members thereof are jointly and severally liable to the state in the penal sum of $1,000.


Sec. 05.10.160. Penalty for conducting contests or exhibitions without license.
A person, club, corporation, organization, association, or fraternal society conducting boxing, sparring, or wrestling contests or exhibitions without a license is guilty of a misdemeanor.


Sec. 05.10.170. General penalty.
A person violating a provision of this chapter for which no penalty is provided in this chapter is guilty of a misdemeanor.


Chapter 12. Arctic Winter Games.

Sec. 05.12.010. Arctic Winter Games.
 (a) A person may not use, display, or publish the symbol of the Arctic Winter Games, consisting of the triple circle symbol and ulu combination, for commercial purposes or private gain without the written authorization of the Arctic Winter Games International Committee.

 (b) A person may not use, display, or publish any name, title, or device that tends to indicate that the person is affiliated with or supported by the Arctic Winter Games without the written authorization of the Arctic Winter Games International Committee.

 (c) A person who violates a provision of this section is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $100. Each day of unauthorized use, display, or publication is a separate offense.




Chapter 15. Games of Chance and Contests of Skill.

Article 1. Administration.


Sec. 05.15.010. Department of Revenue to administer chapter.
The Department of Revenue shall administer this chapter.


Sec. 05.15.020. Annual permit and fees.
 (a) A municipality or qualified organization may conduct an activity permitted under this chapter if the municipality or qualified organization
     (1) applies for a permit, pays the appropriate permit fee, and receives an annual permit issued by the department; and

     (2) designates a member in charge and at least one alternate member in charge under AS 05.15.112 who have passed the examination required by AS 05.15.112.

 (b) An additional fee of one percent of the net proceeds received during the preceding year from the activities authorized under the permit shall be paid to the department annually by the municipality or qualified organization authorized to conduct activities under this chapter, if the gross receipts for the activities were $20,000 or more.

 (c) The annual permit fee under (a) of this section is
     (1) $20 for an applicant that did not hold a permit during the preceding year;

     (2) $20 for an applicant that had gross receipts of less than $20,000 from activities conducted under this chapter during the preceding year;

     (3) $50 for an applicant that had gross receipts of $20,000 or more but not exceeding $100,000 from activities conducted under this chapter during the preceding year; or

     (4) $100 for an applicant that had gross receipts exceeding $100,000 from activities conducted under this chapter during the preceding year.




Sec. 05.15.025. Money deposited in general fund. [Repealed, § 28 ch 90 SLA 1991.]
Sec. 05.15.030. Required notices by applicant, permittee, or licensee.
 (a) At the time of filing an application for a permit or license under this chapter, the applicant shall notify the city or borough nearest to the location of the proposed activity of the application. A local government unit may protest the conduct of the activity in its jurisdiction by resolution stating the reasons for the protest filed with the department; protests are limited to the lack of qualifications prescribed by this chapter. This resolution is only a recommendation by the local government that may be considered by the department in determining whether to issue or refuse to issue a permit or license.

 (b) [Repealed, § 5 ch 105 SLA 1995.]
 (c) If a permittee or licensee changes the location of an activity in the jurisdiction for which a permit has been issued, the permittee shall notify the department and the local government within 10 days after moving to the new location.




Sec. 05.15.040. Issuance, effect, and term of permit.
After the fee is paid, a permit issued, and during the effective period of the permit, the municipality or qualified organization may conduct the activity specified in the permit. A municipality that has been issued a permit under this chapter may not conduct any activity authorized by the permit outside of the geographic boundaries of the municipality. If a permit is revoked, the permittee is not eligible for another permit until the expiration of one year from the date of revocation. A permit expires at the end of the period for which it is issued. A permit is not transferable.


Sec. 05.15.050. Surrender of permit upon suspension or revocation.
When a permit is suspended or revoked, the permittee shall surrender the permit to the department on or before the effective date of the suspension or revocation. A permit is not valid beyond the effective date of the suspension or revocation, whether surrendered or not.


Sec. 05.15.060. Regulations.
 (a) The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to carry out this chapter covering, but not limited to,
     (1) the issuance, renewal, and revocation of permits, licenses, and vendor registrations;

     (2) a method of ascertaining net proceeds, the determination of items of expense that may be incurred or paid, and the limitation of the amount of the items of expense to prevent the proceeds from the activity permitted from being diverted to noncharitable, noneducational, nonreligious, or profit-making organizations, individuals, or groups;

     (3) the immediate revocation of permits, licenses, and vendor registrations authorized under this chapter if this chapter or regulations adopted under it are violated;

     (4) the requiring of detailed, sworn, financial reports of operations from permittees and licensees including detailed statements of receipts and payments;

     (5) the investigation of permittees, licensees, registered vendors, and their employees, including the fingerprinting of those permittees, licensees, registered vendors, and employees whom the department considers it advisable to fingerprint;

     (6) the method and manner of conducting authorized activities and awarding of prizes or awards, and the equipment that may be used;

     (7) the number of activities that may be held, operated, or conducted under a permit during a specified period; however, the department may not allow more than 14 bingo sessions a month and 35 bingo games a session to be conducted under a permit; the holders of a multiple-beneficiary permit under AS 05.15.100(d) may hold, operate, or conduct the number of sessions and games a month equal to the number allowed an individual permittee per month multiplied by the number of holders of the multiple-beneficiary permit;

     (8) a method of accounting for receipts and disbursements by operators, including the keeping of records and requirements for the deposit of all receipts in a bank;

     (9) the disposition of funds in possession of a permittee, a person, municipality, or qualified organization that possesses an operator’s license, or a registered vendor at the time a permit, a license, or a vendor registration is surrendered, revoked, or invalidated;

     (10) restrictions on the participation by employees of the Department of Fish and Game in salmon classics, king salmon classics, and big bull moose derbies, and by employees of Douglas Island Pink and Chum in king salmon classics;

     (11) other matters the department considers necessary to carry out this chapter or protect the best interest of the public.

 (b) Regulations adopted by the department under this section relating to charitable gaming activity involving pull-tabs shall, to the extent permitted by this chapter, be consistent with the standards on pull-tabs of the North American Gaming Regulators Association, as amended from time to time.




Sec. 05.15.070. Examination of books and records.
The department may examine or have examined the books and records of a permittee, an operator, a registered vendor, or a person licensed to manufacture or to distribute pull-tab games in the state. The department may issue subpoenas for the attendance of witnesses and the production of books, records, and other documents.


Sec. 05.15.080. Reports and fees required of municipalities and qualified organizations.
 (a) A municipality or a qualified organization issued a permit under this chapter shall file a report with the department by the 45th day following each calendar quarter in which the permittee had gross receipts of $50,000 or more from activities authorized under this chapter. The report must include the type of activity conducted, the date and location of the activity, the amount of gross receipts, the amount of authorized expenses, the value of prizes awarded, the amount of net proceeds, and other information the department may require. However, if the only activity conducted by a municipality or qualified organization during a calendar quarter is a raffle or lottery or a Calcutta pool, then the municipality or qualified organization is not required to file a report under this subsection until the raffle or lottery or a Calcutta pool is completed.

 (b) A municipality or a qualified organization issued a permit under this chapter shall file an annual report with the department by March 15 of the year following the year in which activities were conducted, accompanied by the payment of the additional fee, as may be required under AS 05.15.020(b). The report must list the types of activities conducted, and, for each activity, the total amount of gross receipts, the total amount of authorized expenses, the total value of prizes awarded, and the total amount of net proceeds.

 (c) A permittee that conducts a Calcutta pool shall file a report for each pool conducted on a form prescribed by the department that lists
     (1) the date of the pool and the event;

     (2) the amount of wagers;

     (3) the amount of prizes distributed to the winners of the pool;

     (4) the amount and nature of each expense;

     (5) the amount remaining after the payment of the prizes and expenses;

     (6) any other information that the department requests or requires.




Sec. 05.15.083. Reports to department by operators.
 (a) An operator shall file a report with the department by the last business day of the month following each calendar quarter in which an activity was conducted. The report must include, for each authorizing permittee on whose behalf an activity was conducted during the quarter, the date and location of each activity, the type of activity conducted, the amount of gross receipts, the amount of authorized expenses, the value of prizes awarded, the amount of net proceeds paid, and other information the department may require; a completed Internal Revenue Service Form 941; and a copy of the operator’s employer contributions and wage reports submitted to the Department of Labor and Workforce Development for the quarter. However, if the only activity conducted by an operator during the calendar quarter is a raffle or lottery, then the operator is not required to file a report under this subsection until the raffle or lottery is completed.

 (b) An operator shall file an annual report with the department no later than February 28 of the year following the year in which activities were conducted. The report must include, for each authorizing permittee on whose behalf an activity was conducted, the types of activities conducted, the total amount of gross receipts, the total amount of authorized expenses, the total value of prizes awarded, and the total amount of net proceeds paid to each authorizing permittee. The annual report must also include a completed Internal Revenue Service Form W-2 for each person employed by the operator during the preceding year.




Sec. 05.15.087. Operator’s reports to permittee and payment of net proceeds.
 (a) An operator shall file a monthly report with each authorizing permittee for which the operator has conducted an activity during the preceding month. The report must include a daily summary of activity conducted under the permit issued to the authorizing permittee and an accounting of gross receipts, expenses, and net proceeds for the month. A check in the amount of the net proceeds due to the authorizing permittee for the month must accompany the report. The operator shall file the report by the 15th day after the end of the month covered by the report.

 (b) An operator shall file a quarterly report with each authorizing permittee for which the operator has conducted an activity during the preceding calendar quarter. The report must contain quarterly summaries and year-to-date totals of the information provided under (a) of this section. The operator shall file the report by the last day of the month following the end of the calendar quarter.

 (c) An operator shall file an annual report with each authorizing permittee for which the operator has conducted an activity during the preceding calendar year. The report must contain an annual summary of the information provided under (a) of this section. The operator shall file this report by February 28 of the year following the year in which the activities were conducted.

 (d) An operator shall provide original invoice documents and deposit slips upon the request of an authorizing permittee for whom the operator has conducted activities.




Sec. 05.15.090. Agency reports.
Before April 15 of each year, the department shall prepare a detailed report containing a summary of all reports required of permittees and operators. The attorney general and the commissioner of public safety shall, within 10 days after the convening of the legislature each year, jointly prepare a detailed report outlining the effect, if any, of the operation of this chapter on the legal and law enforcement activities of the state and notify the legislature that the report is available.


Sec. 05.15.095. General provisions relating to the filing of applications and reports and payment of fees.
 (a) The applications and reports to the department required by this chapter shall be signed under penalty of unsworn falsification in the second degree by the following person, as applicable:
     (1) the member in charge for the qualified organization;

     (2) a person authorized to sign on behalf of the municipality;

     (3) the operator or the operator’s agent;

     (4) the licensed pull-tab distributor or the distributor’s agent; or

     (5) the licensed pull-tab manufacturer or the manufacturer’s agent.

 (b) A permittee or operator may not conduct an activity under this chapter during a period in which a report or fee is delinquent.

 (c) A delinquent fee bears interest at the rate set by AS 43.05.225.

 (d) A permittee or licensee under this chapter shall pay a penalty of one percent of the unpaid balance, as determined by the department, of a fee due under this chapter for each 30-day period or part of a 30-day period that the fee is delinquent. The department may waive the penalty if the failure to pay the fee on time is due to a reasonable cause, as defined by regulation adopted by the department. The amount of the penalty may not exceed 25 percent of the unpaid fee.




Sec. 05.15.097. Notice to the alcoholic beverage control board.
If, after notice and hearing, the department determines that a person has violated a provision of this chapter related to gambling and the person is a licensee or permittee under AS 04, the department shall provide notice of the violation to the Alcoholic Beverage Control Board.


Article 2. Licenses, Permits, and Registrations.


Sec. 05.15.100. Issuance of permits and licenses.
 (a) The department may issue a permit to a municipality or qualified organization. The permit gives the municipality or qualified organization the privilege of conducting bingo, raffles and lotteries, pull-tab games, ice classics, race classics, rain classics, goose classics, mercury classics, deep freeze classics, canned salmon classics, salmon classics, king salmon classics, dog mushers’ contests, snow classics, snow machine classics, fish derbies, animal classics, crane classics, cabbage classics, Calcutta pools, big bull moose derbies, and contests of skill.

 (b) [Repealed, § 5 ch 105 SLA 1995.]
 (c) The department may issue an operator’s license to a natural person to conduct an activity permitted under this chapter, other than a Calcutta pool, on behalf of a municipality or a qualified organization. The department may also issue an operator’s license to a municipality or a qualified organization to conduct an activity, other than a Calcutta pool, on behalf of another municipality or qualified organization.

 (d) The department may issue a multiple-beneficiary permit to two to six municipalities or qualified organizations or to a combination of two to six municipalities and qualified organizations that apply jointly for the permit. The permit gives the permit holders the privilege of jointly conducting the activities specified in (a) of this section.




Sec. 05.15.105. Persons prohibited from involvement.
 (a) If a person has been convicted of a violation of a law of this state that is, or a law or ordinance of another jurisdiction that would be if it had been committed in this state, a felony, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws
     (1) the department may not issue a license to the person;

     (2) the department may not issue a license to, or register as a vendor, an applicant who employs the person in a managerial or supervisory capacity or uses the person as a fund raiser or consultant;

     (3) the department may not issue a permit for an activity if the person is responsible for the operation of the activity;

     (4) the person may not be employed in a managerial or supervisory capacity by a licensee or vendor or used as a fund raiser or consultant by a licensee or vendor;

     (5) the person may not participate in charitable gaming as a permittee, licensee, or vendor.

 (b) The department shall adopt regulations that provide that a disqualification of a person under (a) of this section based upon a conviction of that person for a violation
     (1) of a law of this state that is, or a law or ordinance of another jurisdiction that would be if it was committed in this state, a class B felony other than extortion, a class C felony, or an unclassified felony described outside of AS 11, and that is not a crime of dishonesty or theft or a violation of gambling laws, terminates 10 years after the person’s conviction;

     (2) of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws, and that is not, or would not be if it was committed in this state, an unclassified felony described in AS 11, a class A felony, or extortion, terminates 10 years after the person’s conviction, if the department determines that the
          (A) person is of good character, honesty, and integrity; and

          (B) person’s involvement in charitable gaming is not against the public interest.




Sec. 05.15.110. Authorized activities a privilege.
The activities specified in AS 05.15.100 may be permitted as a privilege and do not confer a right upon any person to conduct the activities.


Sec. 05.15.112. Member in charge.
 (a) Each municipality or qualified organization that applies for a permit under this chapter shall designate a member in charge and at least one alternate member in charge. The member in charge and alternate members in charge designated must have passed a test formulated by the department on the contents of this chapter and the regulations adopted under this chapter. The department shall administer the test at least four times a year. Municipalities and qualified organizations that hold a multiple-beneficiary permit shall jointly designate one member in charge and at least one alternate member in charge.

 (b) The member in charge is responsible for preparation, maintenance, and transmittal of all records and reports required of the permittee, and, if the permittee has entered into a contract with an operator under AS 05.15.115, for monitoring the operator’s performance under and compliance with that contract. The alternate members in charge are responsible for the duties of the member in charge in the absence of the member in charge. The member in charge and the alternate members in charge shall be members of the qualified organization or the board of directors of the qualified organization or employees of the municipality. In the case of a multiple-beneficiary permit, the member in charge and the alternate members in charge shall be members of one of the qualified organizations or the board of directors of one of the qualified organizations or employees of one of the municipalities.

 (c) The member in charge shall monitor the operator’s performance under and compliance with contracts for the conduct of activities on behalf of the authorizing permittee.

 (d) The municipality or qualified organization, or the holders of a multiple-beneficiary permit, shall designate alternate members in charge who are responsible for the duties of the member in charge in the absence of the member in charge.

 (e) If a permittee’s designated member in charge or sole alternate member in charge resigns or is no longer able to serve as member in charge or alternate member in charge, the permittee has six months to replace the member in charge or alternate member in charge with a person who meets the requirements of this section, and to notify the department of the replacement. If after six months the permittee has not replaced the member in charge or alternate member in charge with a person who meets the requirements of this section, or has not notified the department of the replacement, the permittee’s permit is suspended until the requirements of this subsection are met.




Sec. 05.15.115. Contracts between permittees and operators.
 (a) A municipality or qualified organization holding a permit to conduct an activity under this chapter may enter into a contract with an operator licensed under this chapter to conduct on behalf of the municipality or qualified organization those activities permitted under the authority of the permit.

 (b) The contract between an authorizing permittee and an operator must include the amount and form of compensation to be paid to the operator, the term of the contract, the activities to be conducted by the operator on behalf of the permittee, the location where the activities are to be conducted, the name and address of the member in charge, and other provisions the department may require.

 (c) A permittee may not contract with more than one operator at a time to conduct the same type of activity. For the purposes of this subsection, bingo games, raffles, lotteries, pull-tab games, ice classics, race classics, rain classics, goose classics, mercury classics, deep freeze classics, canned salmon classics, salmon classics, king salmon classics, dog mushers’ contests, snow classics, snow machine classics, fish derbies, animal classics, crane classics, cabbage classics, big bull moose derbies, and contests of skill are each a different type of activity.

 (d) A permittee shall submit by certified mail to the department for approval a copy of each contract with an operator with whom the permittee contracts to conduct activities subject to this chapter. The contract must meet the requirements of this section. The department shall approve or disapprove the contract. If the contract is disapproved, reasons for the disapproval shall be provided in writing to the permittee. Activities may not be conducted under the contract before the contract is approved. Subsequent amendments to an approved contract do not take effect until the amendments are approved by the department.




Sec. 05.15.120. Eligibility for permit.
An applicant shall be a municipality or qualified organization to be eligible for a permit.


Sec. 05.15.122. Operator’s license.
 (a) A person, municipality, or qualified organization may not conduct an activity subject to this chapter on behalf of a municipality or qualified organization unless the person, municipality, or qualified organization has received an operator’s license issued by the department.

 (b) The department may issue an operator’s license to a natural person, municipality, or qualified organization that
     (1) applies on the form provided by the department;

     (2) pays the annual fee of $500;

     (3) discloses the identity of persons employed by the applicant in a managerial or supervisory capacity;

     (4) submits proof of liability insurance satisfactory to the department;

     (5) posts a bond or security satisfactory to the department in the amount of $25,000 for each permit under which the operator operates up to a maximum of $100,000; and

     (6) if a natural person, has passed a test formulated by the department on the contents of this chapter and the regulations adopted under this chapter and administered by the department at least four times a year; or, if a municipality or qualified organization, has designated a municipal employee or member of the organization who has passed this test.

 (c) [Repealed, § 37 ch 70 SLA 1993.]
 (d) [Repealed, § 37 ch 70 SLA 1993.]




Sec. 05.15.124. Municipal regulation of operators or vendors.
A municipality may by ordinance prohibit an operator or a vendor from conducting activities under this chapter within the municipality.


Sec. 05.15.128. Revocation of operator’s license.
 (a) The department shall revoke the license of an operator who does not
     (1) report an adjusted gross income of at least 15 percent of gross income annually based on the total operation of the operator; or

     (2) pay to each authorizing permittee annually at least 30 percent of the adjusted gross income, as determined under (1) of this subsection, from a pull-tab activity or at least 10 percent of the adjusted gross income, as determined under (1) of this subsection, from a gaming activity other than pull-tabs, received from activities conducted on behalf of the authorizing permittee.

 (b) A person, municipality, or qualified organization whose operator’s license has been revoked under this section may appeal the revocation if the person, municipality, or qualified organization submits to and pays for a complete audit of the operator’s financial records by the department. The results of the audit are conclusive.




Sec. 05.15.130. Department may impose additional requirements.
The department may supplement the definitions of qualified organizations and activities by regulations adopted under this chapter adding to the definitions additional requirements that the department considers necessary for the best interests of the public or for the proper administration of this chapter.


Sec. 05.15.140. Proof necessary to qualify for permit.
 (a) The department may not issue or renew a permit except upon satisfactory proof that the applicant is a municipality or qualified organization, the activity may be permitted under this chapter, and the issuance of a permit is not detrimental to the best interests of the public. Upon request of the department, the applicant shall prove conclusively each of these requirements before a permit may be issued or renewed.

 (b) In an application for a permit, a municipality or qualified organization shall disclose the name and address of each person responsible for the operation of the activity and whether any person named
     (1) has been convicted of a violation of a law of this state that is, or a law or ordinance of another state that would be if committed in this state, an unclassified felony described in AS 11, a Class A felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws; or

     (2) has a prohibited financial interest, as defined in regulations adopted by the department, in the operation of the activity.

 (c) [Repealed, § 37 ch 70 SLA 1993.]
 (d) Application forms for permits must contain a notice that a false statement in the application is punishable by law.




Sec. 05.15.145. Multiple-beneficiary permits.
 (a) Two to six municipalities or qualified organizations, or a combination of two to six municipalities and qualified organizations, may jointly apply for a multiple-beneficiary permit under AS 05.15.100(d). The commissioner may not issue or renew a permit except upon satisfactory proof that each joint applicant is a municipality or qualified organization, the activity may be permitted under this chapter, and the issuance of a permit is not detrimental to the best interests of the public. Upon request of the commissioner, the joint applicants shall prove conclusively each of these requirements before a permit may be issued or renewed.

 (b) The provisions of AS 05.15.140(b) — (d) apply to multiple-beneficiary permits and applications for them.

 (c) A municipality or qualified organization that is among the holders of a multiple-beneficiary permit may withdraw from the permit by giving written notice of intent to withdraw to the department and to the other holders of the permit. The effective date of the withdrawal is 30 days after the department receives written notice of intent. A municipality or qualified organization that withdraws from a multiple-beneficiary permit may apply for a permit under AS 05.15.100(a), but its share of the prizes awarded under the multiple-beneficiary permit and the prizes it awards under its own permit are subject to the maximums established in AS 05.15.180(g).

 (d) The holders of a multiple-beneficiary permit shall jointly file reports with the department that comply with the reporting requirements imposed on operators under AS 05.15.083.




Sec. 05.15.150. Limitation on use of proceeds.
 (a) The authority to conduct the activity authorized by this chapter is contingent upon the dedication of the net proceeds of the charitable gaming activity to the awarding of prizes to contestants or participants and to political, educational, civic, public, charitable, patriotic, or religious uses in the state. In this subsection, “political, educational, civic, public, charitable, patriotic, or religious uses” means uses benefiting persons either by bringing them under the influence of education or religion or relieving them from disease, suffering, or constraint, or by assisting them in establishing themselves in life, or by providing for the promotion of the welfare and well-being of the membership of the organization within their own community, or through aiding candidates for public office or groups that support candidates for public office, or by erecting or maintaining public buildings or works, or lessening the burden on government, but does not include
     (1) the direct or indirect payment of any portion of the net proceeds of a bingo or pull-tab game to a lobbyist registered under AS 24.45;

     (2) the erection, acquisition, improvement, maintenance, or repair of real, personal, or mixed property unless it is used exclusively for one or more of the permitted uses; or

     (3) the direct or indirect payment of any portion of the net proceeds of a charitable gaming activity, except the proceeds of a raffle and lottery,
          (A) to aid candidates for public office or groups that support or oppose candidates for public office;

          (B) to a political party or to an organization affiliated with a political party; or

          (C) to a group, as that term is defined in AS 15.13.400, or a political group, as that term is defined in AS 15.80, that seeks to influence the outcome of an election.

 (b) The net proceeds derived from the activity must be devoted within one year to one or more of the uses stated in (a) of this section. A municipality or qualified organization desiring to hold the net proceeds for a period longer than one year must apply to the department for special permission and upon good cause shown the department may grant the request.




Sec. 05.15.160. Authorized expenses.
 (a) The only expenses that may be incurred or paid in connection with the operation of an activity under a permit issued under this chapter are bona fide expenses reasonably necessary for
     (1) goods, wares, and merchandise necessary for the operation of the activity;

     (2) personal services involved with the operation of the activity, including those performed by
          (A) an employee of the permittee; or

          (B) an operator hired by the permittee to conduct the activity if the compensation is not related to the receipts from the activity.

 (b) Municipalities, qualified organizations, and operators may pay their employees a reasonable amount in wages or other compensation for personal services rendered by their employees while the employees are engaged in activities subject to this chapter. A reasonable amount of compensation is an amount approximating the amount ordinarily paid by similar businesses for similar work performed under similar circumstances.

 (c) The total amount of authorized expenses that may be incurred under (a) of this section in connection with a pull-tab activity may not exceed 70 percent of the adjusted gross income from that pull-tab activity.

 (d) The total amount of authorized expenses that may be incurred under (a) of this section in connection with any gaming activity other than pull-tabs or Calcutta pools may not exceed 90 percent of the adjusted gross income from that gaming activity.

 (e) The total amount of expenses that may be incurred and prizes that may be awarded under (a) of this section in connection with a Calcutta pool may not exceed 50 percent of the pool of wagers.




Sec. 05.15.165. Operators.
 (a) An operator shall pay net proceeds to the authorizing permittee by check.

 (b) If the department finds that an operator has incurred expenses that are not authorized under AS 05.15.160, the department shall order the operator to refund to the authorizing permittee the amount of the unauthorized expenses. The operator shall pay the authorizing permittee interest on the amount ordered to be paid at the rate of 1.5 percent a month for each month or fraction of a month between the date of the activity and the date the refund is made.

 (c) The operator shall post in a public place on the premises where the activities are conducted the operator’s license and a copy of the permit of each authorizing permittee with whom the operator has a contract to conduct activities at the location.

 (d) An operator shall obtain liability insurance covering each location where the licensee conducts an activity subject to this chapter. The operator shall provide upon request proof of insurance for each location to the department. The operator and the insurer shall inform the department of changes in the coverage of the insurance or of cancellation of the insurance. Cancellation of the insurance immediately suspends the rights of the operator to conduct activities under this chapter at the location covered by the insurance until subsequent insurance is obtained.

 (e) An operator shall have its financial records reviewed annually by a certified public accountant. The operator shall submit the results of the review to the department by February 28 of the year following the year for which the review is conducted.

 (f) An operator may not
     (1) charge losses resulting from bad checks or uncollectable debts against the net proceeds due to the authorizing permittee;

     (2) extend credit to players;

     (3) employ house players;

     (4) allow the operator’s employees to play a game conducted by the operator at the location where the employee works for the operator.




Sec. 05.15.167. Operator’s bond.
 (a) The bond or security filed under AS 05.15.122(b) must be made payable to the department and must be conditioned upon payment of the amounts due to the department and payment of net proceeds due to the authorizing permittee. If the operator fails to make the required payments, the operator forfeits the bond or security to the department.

 (b) The amount forfeited under (a) of this section shall be first used to satisfy delinquent fees, interest, and penalties due the department under this chapter. If the bond or security is not exhausted by payment of delinquent fees, interest, and penalties, the department may use the remaining amount to pay net proceeds due an authorizing permittee. The total amount available for payment of net proceeds shall be prorated among the permittees to whom proceeds are due from that operator.

 (c) The operator and the surety shall inform the department if the bond is cancelled or the security is impaired.




Sec. 05.15.170. Suspension or revocation of permit, license, or vendor registration.
 (a) The department may suspend, for a period of up to one year, or revoke a permit, license, or vendor registration, after giving notice to and an opportunity to be heard by the permittee or licensee if the permittee, licensee, or vendor
     (1) violates or fails to comply with a requirement of this chapter or of a regulation adopted under this chapter;

     (2) breaches a contractual agreement with a permittee, licensee, or registered vendor;

     (3) becomes disqualified to participate in charitable gaming as provided in AS 05.15.105; for the purposes of this paragraph, a permittee, licensee, or vendor that is not a natural person is considered convicted if an owner or manager of the permittee, licensee, or vendor is convicted;

     (4) knowingly submits false information to the department or, in the case of a registered vendor, to a permittee when the vendor knows that the false information will be submitted to the department as part of an application for registration; or

     (5) gives or acts upon any inside information on the status of the prizes awarded or to be awarded in a pull-tab game.

 (b) If the department revokes a license or vendor registration under this section, it may prohibit the licensee or vendor from reapplying for a license or vendor registration for a period of not more than five years. If the department revokes a permit under this section, it may prohibit the permittee from reapplying for a permit for a period of not more than one year.




Sec. 05.15.180. Limitations on authorized activity.
 (a) This chapter does not authorize the use of playing cards, dice, roulette wheels, coin-operated instruments or machines, or other objects or instruments used, designed, or intended primarily for gaming or gambling, or any other method or implement not expressly authorized by the department.

 (b) With the exception of raffles, lotteries, bingo games, pull-tab games, race classics, rain classics, goose classics, mercury classics, deep freeze classics, dog mushers’ contests, snow classics, snow machine classics, canned salmon classics, salmon classics, animal classics, crane classics, cabbage classics, Calcutta pools, big bull moose derbies, and king salmon classics, a permit may not be issued for an activity under this chapter unless it existed in the state in substantially the same form and was conducted in substantially the same manner before January 1, 1959. A permit may not be issued for a snow machine classic under this chapter unless it has been in existence for at least five years before the permit is issued. A permit may not be issued for an animal classic under this chapter unless it was in existence before November 1, 2002.

 (c) [Repealed, § 5 ch 105 SLA 1995.]
 (d) The total value of door prizes offered or awarded under authority of a permit issued to a municipality or qualified organization under this chapter or under authority of a multiple-beneficiary permit may not exceed $20,000 a month or $240,000 a year.

 (e) The total value of all door prizes offered or awarded at a single facility or bingo hall or parlor by an operator on behalf of authorizing permittees may not exceed $20,000 a month or $240,000 a year.

 (f) A person under the age of 19 years may not play a bingo game.

 (g) A municipality or a qualified organization may award a maximum of $2,000,000 in prizes each year in activities authorized under this chapter; however, if a municipality or a qualified organization contracts with an operator to conduct on its behalf activities authorized under this chapter, the municipality or qualified organization may award a maximum of $500,000 in prizes each year. A municipality or a qualified organization that conducts a contest of skill and awards more than $1,000,000 in prizes to the participants in that contest of skill may exclude $1,000,000 in prizes awarded to those participants from the $2,000,000 maximum allowed in this subsection. The holders of a multiple-beneficiary permit under AS 05.15.100(d) may award a maximum in prizes each year of $2,000,000 times the number of holders of the permit for activities authorized under this chapter. In this subsection, “activities authorized under this chapter” means all activities subject to this chapter other than bingo.

 (h) Only one Calcutta pool permit may be issued for each event and is limited to the permittee conducting the event or a permittee authorized by the person conducting the event if the person is not eligible to be a permittee. A Calcutta pool may not be conducted for elementary, secondary, or post-secondary school sporting events or for youth organization events. A person may not wager on a Calcutta pool unless the person is at least 18 years of age. A permittee may not accept a wager on a contestant or entrant in a Calcutta pool unless the contestant or entrant is or are 18 years of age or older. A person may not place a wager on a contestant or entrant in a Calcutta pool unless the contestant or entrant is or are 18 years of age or older. A Calcutta pool may not be conducted unless the rules for the pool are publicly posted and available to all participants in the pool.




Sec. 05.15.181. Pull-tab manufacturers.
 (a) A person may not manufacture pull-tabs in the state, and may not sell or distribute a pull-tab that the person has manufactured outside of the state to persons in the state, unless the person has received a pull-tab manufacturer’s license issued by the department.

 (b) The department may issue a pull-tab manufacturer’s license to a person who pays an annual fee of $2,500.

 (c) Each series of pull-tabs manufactured in the state must be sealed and have a serial number label issued by the National Association of Fundraising Ticket Manufacturers or other serial number label approved by the department.

 (d) A pull-tab manufacturer may distribute pull-tabs only to a licensed pull-tab distributor unless the pull-tab manufacturer is also a licensed pull-tab distributor.

 (e) Each pull-tab manufacturer shall report to the department by the last business day of the month on each series of pull-tabs distributed during the preceding month, including the serial number of each series distributed and the name of the distributor to whom the series was distributed.




Sec. 05.15.183. Pull-tab distributors.
 (a) A person may not distribute pull-tab games unless the person has received a pull-tab distributor’s license issued by the department.

 (b) The department may issue a pull-tab distributor’s license to a person who pays an annual fee of $1,000.

 (c) Pull-tabs may be distributed only from a location in the state. A person may not distribute pull-tabs directly to another person in the state from a location outside of this state.

 (d) A pull-tab distributor shall report to the department by the last business day of each month on each pull-tab series distributed in the preceding month. The report must include the name of the permittee to whom each series of pull-tabs is distributed and the serial number of each series.

 (e) A distributor may not
     (1) take an order for the purchase of a pull-tab series from a vendor;

     (2) sell a pull-tab series to a vendor; or

     (3) deliver a pull-tab series to a vendor.




Sec. 05.15.184. Pull-tab tax.
A pull-tab distributor shall collect a tax of three percent of an amount equal to the gross receipts less prizes awarded on each series of pull-tabs distributed. The pull-tab distributor shall pay to the department the tax collected in the preceding month at the time that the report under AS 05.15.183(d) is filed with the department.


Sec. 05.15.185. Distribution of pull-tab games.
Each series of pull-tabs distributed in the state must be sealed and have a serial number label issued by the National Association of Fundraising Ticket Manufacturers or other serial number label approved by the department and may be distributed only to
     (1) a municipality or a qualified organization that has obtained a permit issued under this chapter;

     (2) an operator on behalf of an authorizing permittee; or

     (3) a distributor licensed under this chapter.




Sec. 05.15.187. Operation of pull-tab games.
 (a) A municipality or qualified organization may operate pull-tab games. Pull-tabs shall be obtained from a licensed distributor.

 (b) A pull-tab series may not be sold at more than one location during the same day.

 (c) Pull-tabs from different series may not be mixed or combined, unless 10 percent or less of a series remains unsold, in which case the remaining pull-tabs may be combined with a different series having an identical price and prize structure.

 (d) A pull-tab series may not be withdrawn from sale until all pull-tabs in the series are sold, except that a pull-tab series may be withdrawn from sale if a manufacturing defect exists in the series and the department is notified of the defect and of the withdrawal from sale within a period established by regulation by the department.

 (e) Pull-tabs may not be sold to a person under the age of 21 years. A person under the age of 21 years may not purchase a pull-tab.

 (f) Each permittee that had gross receipts exceeding $100,000 during the preceding year from activities conducted under this chapter or that is required to report under AS 05.15.080(a), that conducts a pull-tab game shall maintain records for two years of each prize of $50 or more, the first day and last day that each series was distributed, the serial number of each series, and the distributor from whom each series was purchased. In this section “permittee” includes municipalities and qualified organizations that jointly hold a multiple-beneficiary permit.

 (g) Notwithstanding other provisions of this chapter, a pull-tab game that confers an additional right upon all or some of the purchasers of a pull-tab series to participate in a lottery for additional prizes may not be conducted in the state unless a surety bond in the amount of $250,000 conditioned upon payment of all prizes and awards when due is submitted to the department by the operator or authorizing permittee and approved by the attorney general.

 (h) An owner, manager, or employee of a person holding a permit or license under this chapter, or registered under this chapter as a vendor, may not purchase a pull-tab from a pull-tab series manufactured, distributed, or sold by the permittee, licensee, or registered vendor.

 (i) A permittee, operator, or registered vendor may not turn over a prize of $50 or more to a person with a pull-tab card entitling the person to that prize unless the person signs a receipt for the prize and returns the receipt to the permittee, operator, or vendor. The receipt must be in a form approved by the department.




Sec. 05.15.188. Pull-tab sales by vendors on behalf of permittees; vendor registration.
 (a) A permittee may contract with a vendor to sell pull-tabs on behalf of the permittee if the permittee first registers the vendor with the department by applying for registration on a form prescribed by the department and by submitting the registration fee of $50 for each location at which the vendor will sell pull-tabs.

 (b) Upon approval of the vendor registration, the department shall issue an endorsement to the permittee’s permit that authorizes the conduct of pull-tab sales at that vendor location.

 (c) The endorsement issued under (b) of this section is an extension of the permittee’s privilege under AS 05.15.100 to conduct pull-tab sales in this state. A vendor may not sell a pull-tab series until a copy of the permit containing the endorsement for the new vendor location has been posted by the permittee in the registered vendor establishment. The endorsed permit must be clearly visible to the gaming public.

 (d) A separate endorsement shall be issued for each vendor location. The permittee shall inform the department when a vendor with whom the permittee is contracting changes the physical location at which pull-tabs are sold, and shall return to the department all copies of a permit endorsed to a vendor that is no longer selling pull-tabs on behalf of the permittee. Failure to inform the department of a change in vendor location, or to return the endorsed copies of a permit to the department after a vendor change, may constitute grounds for the suspension or revocation of a permittee’s permit.

 (e) At the time that a permittee annually renews its permit, it shall also renew the registration of all locations where a vendor is selling pull-tabs on the permittee’s behalf and shall pay a registration fee of $50 for each vendor location.

 (f) A permittee that uses a vendor to sell pull-tabs on its behalf shall enter into a written contract with that vendor. The department may inspect this contract. If the contract contains provisions that violate this chapter or the regulations adopted under it, the department may declare the contract void, and may suspend or revoke the registration of the vendor and the permit of the permittee.

 (g) A person, other than a permittee’s member-in-charge, may not directly supply a pull-tab series to a registered vendor for sale by that vendor on behalf of the permittee.

 (h) If a permittee contracts with a vendor under (a) of this section, the contract must provide that the permittee shall receive no less than 70 percent of the ideal net.

 (i) An amount equal to the ideal net less the compensation owed to the vendor shall be paid by the vendor to the member-in-charge upon delivery of a pull-tab series to the vendor for sale. The amount required to be paid by the vendor shall be paid by check and the check may not be drawn in a manner that the payee is not identified.

 (j) An operator may not contract with or use a vendor to sell pull-tabs.

 (k) A permittee may not contract with more than five vendors under this section.




Secs. 05.15.190 — 05.15.198. [Renumbered as AS 05.15.600 — 05.15.625.]
Secs. 05.15.200 — 05.15.210. [Renumbered as AS 05.15.680 — 05.15.690.]

Article 3. Miscellaneous Provisions.


Sec. 05.15.600. Cancellation of permits based on unlawful provision.
If any provision of this chapter, or regulation adopted under this chapter, is determined to be unlawful, then all permits issued in connection with the licensed activity to which the unlawful provision or regulation related are cancelled.


Sec. 05.15.610. Order prohibiting action in violation of chapter.
 (a) If the commissioner determines that a person has engaged in an act or practice in violation of this chapter or a regulation adopted under this chapter, the commissioner may, after giving reasonable notice to the person and an opportunity for the person to be heard, issue an order prohibiting the violation by the person. The order remains in effect until the person has submitted evidence acceptable to the commissioner showing that the violation has been corrected.

 (b) If the public interest requires, the commissioner may issue an emergency order prohibiting an act or practice in violation of this chapter or a regulation adopted under this chapter without notice to or an opportunity to be heard by the person affected by the order. The commissioner shall immediately serve the person with a copy of the emergency order. An emergency order expires 60 days after the date it is issued if the person affected by the order requests a hearing within 15 days of receipt of the order. If the person does not request a hearing within 15 days of receipt of the emergency order, the order becomes permanent. Following a hearing, the commissioner may rescind, modify, or make permanent the emergency order.

 (c) A party aggrieved by an order under this section may appeal to the superior court.




Sec. 05.15.620. Local prohibition of charitable gaming.
 (a) The following question, appearing alone, may be placed before the voters of a municipality or an established village in accordance with AS 05.15.625: “Shall charitable gaming in ....... (name of municipality or village) be prohibited? (yes or no)”.

 (b) The following question, appearing alone, may be placed before the voters of a municipality or an established village in accordance with AS 05.15.625: “Shall pull-tab sales in ....... (name of municipality or village) be prohibited? (yes or no).”

 (c) If a majority of the voters vote “yes” on the question set out in (a) or (b) of this section, the department shall be notified immediately after certification of the results of the election and thereafter the department may not issue a license, permit, or vendor registration authorizing charitable gaming or pull-tab sales, as appropriate, within the boundaries of a municipality and in unincorporated areas within five miles of the boundaries of the municipality or within the perimeter of an established village. As necessary to implement the results of an election under (a) or (b) of this section, existing licenses, permits, and vendor registrations for charitable gaming or pull-tab sales within the boundaries of a municipality and in unincorporated areas within five miles of the boundaries of the municipality or within the perimeter of an established village are void 90 days after the results of the election are certified. A license or vendor registration that will expire during the 90 days after the results of a local option election under this section are certified is void as of the expiration date.




Sec. 05.15.625. Procedure for local option elections.
 (a) The local governing body of a municipality, whenever a number of registered voters equal to at least 10 percent of the number of votes cast at the last regular municipal election petition the local governing body to do so, shall place upon a separate ballot at the next regular election or at a special election the question set out in AS 05.15.620 that is the subject of the petition. The local governing body shall conduct the election in accordance with the election ordinance of the municipality.

 (b) The lieutenant governor, whenever 10 percent of the registered voters residing within an established village petition the lieutenant governor to do so, shall place upon a separate ballot at a special election the question set out in AS 05.15.620 that is the subject of the petition. The lieutenant governor shall conduct the election in the manner prescribed by AS 15 (Alaska Election Code).

 (c) Notwithstanding any other provisions of law, an election under (a) or (b) of this section to remove a restriction on charitable gaming imposed under AS 05.15.620 may not be conducted more than once every 12 months.

 (d) AS 29.26.110 — 29.26.160 apply to a petition under (a) of this section in a general law municipality except the
     (1) number of required signatures is determined under (a) of this section rather than under AS 29.26.130;

     (2) application filed under AS 29.26.110 must contain the question set out under AS 05.15.620 rather than containing an ordinance or resolution;

     (3) petition must contain the question set out under AS 05.15.620 rather than material required under AS 29.26.120(a)(1) and (2).




Sec. 05.15.640. Restrictions on use of broadcasting.
 (a) A person may not use broadcasting to promote or conduct a charitable gaming activity under this chapter except that a person may use
     (1) broadcasting to promote a fish derby, a dog mushers’ contest, a type of classic defined in AS 05.15.690, or a raffle and lottery; or

     (2) the Internet or an Internet communication to promote a charitable gaming activity under this chapter.

 (b) Notwithstanding (a) of this section, the department may authorize a noncommercial broadcasting station or network of stations to broadcast the conducting of an activity under this chapter on the station or network under a permit held by the station or network. The department may not authorize a station to broadcast the conducting of an activity for more than 12 hours in a calendar year. In this subsection, “noncommercial broadcasting station” means a radio or television station that is licensed by the Federal Communications Commission to a governmental entity or to an entity that is exempt from federal taxation under 26 U.S.C. 501(c)(3) (Internal Revenue Code).

 (c) In this section,
     (1) “broadcasting” includes television and radio transmission by 2,500 megahertz, microwave video and audio programming, slow-scan television programming, and programming by way of satellite, cable, teletype, or facsimile transmission and distribution methods;

     (2) “Internet” means the combination of computer systems or networks that make up the international network for interactive communications services, including remote logins, file transfer, electronic mail, and newsgroups;

     (3) “Internet communication” means an announcement or advertisement disseminated through the Internet.




Article 4. General Provisions.


Sec. 05.15.680. Penalties.
 (a) A person who knowingly violates or aids or solicits a person to violate this chapter is guilty of a violation for the first offense and a class B misdemeanor for the second and each subsequent offense.

 (b) A person who, with the intent to mislead a public servant in the performance of the public servant’s duty, submits a false statement in an application for a permit, license, or vendor registration under this chapter is guilty of unsworn falsification in the second degree.




Sec. 05.15.690. Definitions.
In this chapter,
     (1) “adjusted gross income” means gross income less prizes awarded and state, federal, and municipal taxes paid or owed on the income;

     (2) “animal classic” means a game of chance in which prizes are awarded for the correct guess
          (A) of which numbered or colored hole on a wheel a rat, hamster, gerbil, or other rodent enters as the wheel is slowly rotated;

          (B) concerning an activity involving chicken manure and a numbered or lettered grid;

     (3) “authorizing permittee” means a municipality or qualified organization that authorizes an operator to conduct an activity subject to this chapter on its behalf;

     (4) “big bull moose derby” means a contest in which prizes are awarded based on the size or spread of moose antlers;

     (5) “bingo” means a game of chance of, and restricted to, the selling of rights to participate, and the awarding of prizes, in the specific kind of game of chance sometimes known as bingo or lotto, played with cards bearing numbers or other designations, five or more in one line, the holder covering numbers when objects similarly numbered are drawn from a receptacle, and the game being won by the person who first covers a previously designated arrangement of numbers on the card;

     (6) “cabbage classic” means a game of chance where a prize of money is awarded for the closest guess of the weight of the winning cabbage at the Giant Cabbage Weigh-Off at the Alaska State Fair in Palmer operated and administered by the Palmer Rotary Club;

     (7) “Calcutta pool” means a game of chance where a prize of money is awarded from a pool of wagers on a contest of skill limited to amateur and professional sporting events, other than horse racing, in the state in which those who wager bid at auction for the exclusive right to purchase or wager upon a particular contestant or entrant in the event;

     (8) “canned salmon classic” means a game of chance where a prize of money is awarded to the closest guess of the total number of cases of canned salmon that will be packed at the Petersburg salmon canneries during a certain period of time and is limited to the canned salmon classic operated and administered by the Petersburg Chamber of Commerce, Inc.;

     (9) “charitable organization” means an organization, not for pecuniary profit, that is operated for the relief of poverty, distress, or other condition of public concern in the state;

     (10) “civic or service organization” means any branch or lodge or chapter of a national or state organization that is a civic or service organization, not for pecuniary profit, and authorized by its written constitution, charter, or articles of incorporation, or bylaws to engage in a fraternal, civic, or service purpose in the state;

     (11) “contest of skill” means a contest or game in which prizes are awarded for the demonstration of human skills in marksmanship, races, and other athletic events;

     (12) “crane classic” means a game of chance in which a prize of money is awarded for the closest guess of the time of arrival of the first sandhill crane to a particular place;

     (13) “deep freeze classic” means a game of chance where a prize of money is awarded to the closest guess of the date, time, and temperature of the lowest temperature recorded at a specific location in the Delta Junction area on the coldest day during December through February, inclusive, and is limited to the deep freeze classic operated and administered by the Delta Chamber of Commerce;

     (14) “department” means the Department of Revenue;

     (15) “distribute” means sell, distribute, furnish, or supply;

     (16) “dog mushers’ association” means a civic, service, or charitable organization in the state, not for pecuniary profit, formed exclusively to promote interest in the breeding and training of dog teams for work or recreational and racing purposes, but does not include an organization formed or operated for gaming or gambling purposes;

     (17) “dog mushers’ contest” means a
          (A) contest in which prizes are awarded for the correct guess of the racing time of a dog team or of team position in the race, including prizes to the race contestants; or

          (B) a game of chance, conducted by a dog mushers’ association, in which a prize of money is awarded for the closest guess or guesses of at least three elements of uncertainty about a sled dog race that cannot be determined before the commencement of the race; of the three elements of uncertainty, one element must be identified as the primary determinant of success, with the other two elements being used as secondary and tertiary determinants if there are multiple correct guesses of the primary determinant;

     (18) “educational organization” means a civic, service, or charitable organization in the state, not for pecuniary profit, whose primary purpose is educational in nature and designed to develop the capabilities of individuals by instruction;

     (19) “established village” means an unincorporated community that is in
          (A) the unorganized borough and that has 25 or more permanent residents; or

          (B) an organized borough, has 25 or more permanent residents; and
               (i) is on a road system and is located more than 50 miles outside the boundary limits of a unified municipality; or

               (ii) is not on a road system and is located more than 15 miles outside the boundary limits of a unified municipality;

     (20) “fish derby” means a contest in which prizes are awarded for catching fish;

     (21) “fraternal organization” means a civic, service, or charitable organization in the state, except a college or high school fraternity, not for pecuniary profit, that is a branch or lodge or chapter, of a national or state organization and exists for the common business, brotherhood, or other interest of its members;

     (22) “fund raiser or consultant” means a person who provides advice or technical assistance in support of or concerning the conduct of gaming activities under this chapter, whether the person is or is not an employee of a licensee;

     (23) “goose classic” means a game of chance where a prize of money is awarded for the closest guess of the time of the arrival of the first goose in spring to Creamer’s Field in Fairbanks or to the Kenai River flats near Kenai and is limited to the goose classics operated and administered
          (A) jointly or by either the Fairbanks Montessori Association or the Friends of Creamer’s Field; and

          (B) by the Kenai Chamber of Commerce;

     (24) “governing body” has the meaning given in AS 29.71.800;

     (25) “gross receipts” means receipts from the sale of shares, tickets, or rights connected with participation in any activity permitted under this chapter or the right to participate, including admission, fee or charge, sale of equipment or supplies, and all other miscellaneous receipts;

     (26) “ice classic” means a game of chance where a prize of money is awarded for the closest guess of the time the ice moves in a body of water or watercourse in the state and is limited to the Nenana and Chena ice pools in the same manner as they were conducted in 1959 and previous years, a Kuskokwim Ice Classic to be operated and administered by Bethel Community Services Foundation, Inc., a Kenai River Ice Classic to be operated and administered by the Kenai and Soldotna Rotary Clubs jointly or by either the Kenai Rotary Club or the Soldotna Rotary Club, a Yukon River Ice Classic to be operated and administered by the City of Fort Yukon, an Alaska-Soviet Ice Classic to be operated and administered jointly by CAMAI, Inc., and the City of Diomede, a Big Lake Ice Classic to be operated and administered by the Houston Junior-Senior High School Booster Club and the Big Lake Chamber of Commerce jointly or by either the Houston Junior-Senior High School Booster Club or the Big Lake Chamber of Commerce, a McGrath Ice Classic to be operated and administered by the Kuskokwim Public Broadcasting Company, and the Snow Town Ice Classic to be operated and administered by the Advocates for Victims of Violence, Inc.;

     (27) “ideal net” means an amount equal to the total amount of receipts that would be received if every individual pull-tab ticket in a series were sold at face value, less the prizes to be awarded for that series;

     (28) “king salmon classic” means a game of chance where a prize of money is awarded for the closest guess of the time of the arrival of the first king salmon of the year at a designated spot on the fish ladder in the Douglas Island Pink and Chum hatchery at Salmon Creek in Juneau and is limited to the king salmon classic operated and administered by the Greater Juneau Chamber of Commerce;

     (29) “labor organization” means an organization, not for pecuniary profit, constituted wholly or partly to bargain collectively or deal with employers, including the state and its political subdivisions, concerning grievances, terms, or conditions of employment or other mutual aid or protection in connection with employees;

     (30) “managerial or supervisory capacity” means that the employee
          (A) is responsible for gaming receipts;

          (B) has the authority to hire employees or to dismiss or otherwise discipline them;

          (C) prepares financial reports required under this chapter;

          (D) is responsible for keeping the accounts for activities under this chapter;

          (E) is responsible for conducting activities under this chapter, including the arranging for locations at which those activities will occur; or

          (F) is a fund raiser or a consultant;

     (31) “mercury classic” means a game of chance where a prize of money is awarded for the closest guess of the time the temperature reaches a certain degree and is limited to the
          (A) Homer Mercury Classic operated and administered by the Boys and Girls Club of the Kenai Peninsula; and

          (B) mercury classic operated and administered by the Greater Fairbanks Chamber of Commerce or jointly, in the discretion of the Greater Fairbanks Chamber of Commerce, by the Greater Fairbanks Chamber of Commerce and the Fairbanks Convention and Visitors’ Bureau;

     (32) “net proceeds” means the gross receipts from an authorized activity less the fee described in AS 05.15.020(b), the expenses authorized by AS 05.15.160, and the prizes awarded at the activity;

     (33) “numbers wheel” means any electronic, mechanical, or other device with numbers or other figures that are selected randomly and used in a game of chance in which the outcome is determined by the number or figure selected by the device; not including games in which a hamster or other animal is placed in an enclosure with several numbered exit holes and the winner is determined by which hole the hamster or other animal exits, or slot machines or other devices that operate by insertion of a coin or other object that may entitle the person operating the machine to receive a prize by strict dependence on the element of chance;

     (34) “operator” means a natural person who, or a municipality or qualified organization that, has obtained a license to conduct an activity subject to this chapter on behalf of a permittee;

     (35) “permittee” means a municipality or a qualified organization that holds a valid permit under AS 05.15.100;

     (36) “police or fire department and company” means a civic, service, or charitable organization in the state, not for pecuniary profit, consisting of members of a police department or fire company established by the state or a political subdivision of the state;

     (37) “political organization” means an organization or club organized under or formally affiliated with a political party as defined in AS 15.80.010;

     (38) “pull-tab game” means a game of chance where a card, the face of which is covered to conceal a number, symbol, or set of symbols, is purchased by the participant and where a prize is awarded for a card containing certain numbers or symbols designated in advance and at random;

     (39) “qualified organization” means a bona fide civic or service organization or a bona fide religious, charitable, fraternal, veterans, labor, political, or educational organization, police or fire department and company, dog mushers’ association, outboard motor association, or fishing derby or nonprofit trade association in the state, that operates without profits to its members and that has been in existence continually for a period of three years immediately before applying for the license or permit; the organization may be a firm, corporation, company, association, or partnership; in this paragraph, “fishing derby association” means a civic, service, or charitable organization in the state, not for pecuniary profit, whose primary purpose is to promote interest in fishing for recreational purposes, but does not include an organization formed or operated for gaming or gambling purposes;

     (40) “race classic” means a game of chance where prizes are awarded for the closest guess or guesses of the official winning times of a human race or races, and is limited to the Mt. Marathon Race Classic operated and administered by the Seward Chamber of Commerce Convention and Visitors’ Bureau;

     (41) “raffle and lottery” means the selling of rights to participate and the awarding of prizes in a game of chance conducted by the drawing for prizes by lot;

     (42) “rain classic” means a game of chance in that a prize is awarded for the closest guess of the amount of precipitation that is recorded at a certain location during a certain length of time;

     (43) “religious organization” means an organization, church, body of communicants, or group, not for pecuniary profit, gathered in common membership for mutual support and edification in piety, worship, and religious observances, or a society, not for pecuniary profit, of individuals united for religious purposes at a definite place and that is recognized as a religious organization under the federal income tax laws and the selective service law;

     (44) “salmon classic” means a game of chance, to be operated and administered by the
          (A) United Fishermen of Alaska, in which a prize of money is awarded for the closest guess of the total number of salmon harvested commercially statewide, as determined by the Department of Fish and Game, during a certain period of time;

          (B) Seward Chamber of Commerce Convention and Visitors’ Bureau, in which prizes are awarded for the closest guess or guesses of the weight of the fish officially designated winner of the Seward Silver Salmon Derby Classic;

          (C) Sterling Area Senior Citizens, Inc., in which a prize of money is awarded for the closest guess of the total number of sockeye salmon crossing the counter operated by the Alaska Department of Fish and Game on the Kenai River as of a certain day and time; or

          (D) Bristol Bay Native Corporation Education Foundation, in which a prize of money is awarded for the closest guess of the total number of salmon harvested commercially in the five Bristol Bay commercial fishing districts between June 1 and September 30, as determined by the Department of Fish and Game;

     (45) “series” means a unit of pull-tabs with the same serial number;

     (46) “snow classic” means a game of chance in which a prize of money is awarded to the closest guess of the total snow accumulation on the ground at a specific location on Mount Alyeska on a specific date and time and is limited to the Alyeska Snow Classic operated and administered by Four Valleys Community School, Inc.;

     (47) “snow machine classic” means a (A) contest in which prizes are awarded for the correct guess of the racing time of a snow machine or of the snow machine’s position in the race, including prizes to the race contestants; or (B) game of chance where a prize of money is awarded for the closest guess or guesses of at least three elements of uncertainty about a snow machine race that cannot be determined before the commencement of the race; in this paragraph, “race” includes a race solely among snow machines or a race among teams consisting of a combination of a person involved in a contest of skill and a snow machine;

     (48) “vendor” means a business whose primary activity is not regulated by this chapter but that
          (A) is engaged in the sale of pull-tabs on behalf of a permittee;

          (B) holds a business license under AS 43.70; and

          (C) is an establishment holding a
               (i) beverage dispensary license under AS 04.11.090 that has not been designated by the Alcoholic Beverage Control Board under AS 04.16.049(a)(2) — (3), has not been exempted by the Department of Labor and Workforce Development under AS 04.16.049(c) and AS 23.10.355, and if the establishment is a hotel, motel, resort, or similar business that caters to the traveling public as a substantial part of its business, does not allow the sale of pull-tabs in a dining room, banquet room, guest room, or other public areas other than a room in which there is regularly maintained a fixed counter or service bar at which alcoholic beverages are sold or served to members of the public for consumption;

               (ii) package store license under AS 04.11.150;

     (49) “veterans organization” means a civic, service, or charitable organization in the state, or a branch or lodge or chapter of a national or state organization in the state, not for pecuniary profit, the membership of which consists of individuals who were members of the armed services or forces of the United States or persons who served in the Alaska Territorial Guard.




Sec. 05.15.695. Short title.
This chapter may be cited as the Alaska Gaming Reform Act.


Sec. 05.15.995. [Renumbered as AS 05.15.695.]

Chapter 16. Games of Chance and Contests of Skill on Ships Operating on Waters within the Jurisdiction of Alaska.

Secs. 05.16.010 — 05.16.030. [Renumbered as AS 43.35.200 — 43.35.220.]

Chapter 20. Recreational Devices.

Sec. 05.20.010. Owners or operators to provide safe equipment.
An owner or operator of a device as defined in AS 05.20.120 shall construct, furnish, maintain, and provide safe and adequate facilities and equipment with which to safely and properly receive and carry all persons offered to and received by the owner or operator of the device, and to promote the safety of the patrons, employees, and the public. The owner or operator of ski equipment and devices is not considered a common carrier.


Sec. 05.20.012. Liability for accidents in skiing areas. [Repealed, § 4 ch 80 SLA 1980. For current law, see AS 05.45.]
Sec. 05.20.020. Department of Labor and Workforce Development to inspect devices.
The Department of Labor and Workforce Development is responsible for the inspection of devices.


Sec. 05.20.030. Powers and duties of department.
The department has the following powers and duties:
     (1) whenever the department, after hearing called upon its own motion or upon complaint, finds that additional apparatus, equipment, facilities, or devices for use or in connection with a device should reasonably be provided, or repairs or improvements to, or changes in, a device in use should reasonably be made, or additions or changes in construction should reasonably be made, in order to promote the security and safety of the public or employees, it may make and serve an order directing the repairs, improvements, changes, or additions to be made;

     (2) if the department finds that the equipment, appliances, apparatus, or other structures of the device are defective, and that the operation of the device is dangerous to the employees of the owner or operator of it or to the public, it shall immediately give notice to the owner or operator of the repairs or reconstruction necessary to place the device in a safe condition, and may prescribe the time within which they shall be made; if, in its opinion, it is necessary or proper, the department may prohibit the operation of the device until the device is repaired and placed in a safe condition.




Sec. 05.20.040. Personnel to inspect devices.
The department shall designate a person qualified in experience and training as the inspector of devices. The department may employ additional employees as are necessary to administer this chapter. The inspector and the employees may be hired on a temporary basis or borrowed from other state departments or political subdivisions of the state, or the department may contract with individuals or firms for the inspecting service on an independent basis. The department shall prescribe the salary or other remuneration for this service. Contracting under this section is governed by AS 36.30 (State Procurement Code).


Sec. 05.20.050. Duties of inspector; condemnation.
The inspector of devices and the inspector’s assistants shall inspect all equipment and appliances connected with devices and make reports of inspection to the department. The inspector shall, on discovering defective equipment or appliances, making the use of the equipment dangerous, immediately report this to the owner or operator of the device, and to the department. If in the opinion of the inspector the continued operation of the defective equipment constitutes an immediate danger to the safety of the persons operating or being conveyed by the equipment, the inspector may condemn the equipment and shall immediately notify the department of the action.


Sec. 05.20.060. Annual inspections; fees.
 (a) The inspector of devices and the inspector’s assistants shall inspect each device at least once each year.

 (b) Upon inspection of a device under this section, the owner or operator of the device shall pay the department a fee of $200 for the inspection of that device. The department shall waive the inspection fee if the owner or operator of the device uses a private inspector who is certified by a national organization to inspect devices and provides the inspection report to the department.

 (c) Fees collected under this section shall be deposited in the building safety account created by AS 44.31.025.




Sec. 05.20.070. Regulations.
The department may adopt reasonable regulations and codes relating to public safety in the construction, operation, and maintenance of devices. The regulations and codes must be in accordance with established standards, if any, and may not be discriminatory in their application.


Sec. 05.20.080. Application of Administrative Procedure Act.
The procedure for review of the orders or actions of the department, its agents, or employees, is the same as that contained in AS 44.62 (Administrative Procedure Act). Administrative hearings on contested cases shall be conducted by the office of administrative hearings (AS 44.64.010).


Sec. 05.20.090. State not liable for injury or damage.
Inspections, regulations, and orders of the department do not impose liability upon the state for injury or damage resulting from the operation of the facilities regulated by this chapter. An action of the department and its personnel is an exercise of the police power of the state.


Sec. 05.20.100. Authority of political subdivisions to regulate devices.
This chapter does not impair the authority or responsibility of a political subdivision with regard to the local enforcement of licensing, safety, or police regulations authorized by local ordinance or state law if the department determines that the standards employed by the political subdivision are at least equal to those adopted by the department. The authority of a political subdivision for the licensing, safety, or police regulation of devices extends to a point five miles outside the territorial limits of the political subdivision if no other political subdivision of the state is exercising similar authority over the same devices.


Sec. 05.20.110. Exclusion of transportation devices under jurisdiction of other agencies from chapter.
This chapter does not extend to the department or to political subdivisions authority to adopt regulations pertaining to transportation facilities or devices subject to the regulatory jurisdiction of other state or local agencies.


Sec. 05.20.120. Definitions.
In this chapter, unless the context otherwise requires,
     (1) “department” means the Department of Labor and Workforce Development;

     (2) “device” means a device that is designed and operated for the conveyance or movement of persons and that is used as a source of or aids in the promoting of entertainment, pleasure, play, relaxation, or instruction, including but not limited to ski tows, roller coasters, merry-go-rounds, and Ferris wheels.




Article 1. Safety Requirements.


Chapter 25. Watercraft.

Sec. 05.25.010. Safety requirements.
 (a) Except as otherwise provided by law, a boat placed on the water of the state
     (1) must be equipped with and use the sound producing devices and visual distress signals of the same number, type, and specifications as required by the United States Coast Guard;

     (2) that is equipped with a gasoline engine for electrical generation, mechanical power, or mechanical propulsion must also be equipped with the ventilation systems and backfire flame control devices of the same type and specifications as required by the United States Coast Guard; and

     (3) that is equipped with an engine for electrical generation, mechanical power, or mechanical propulsion must also be equipped with the fire extinguishers of the same number, type, and specifications as required by the United States Coast Guard.

 (b) The provisions of (a) of this section apply regardless of whether the boat is placed or operated on water of the state subject to federal jurisdiction.

 (c) During the period of time extending from sunset to sunrise and during periods of restricted visibility, a boat placed on water of the state must display lights of the same number, type, and specifications as required by the United States Coast Guard under 33 U.S.C. 1602 and 33 U.S.C. 2002.

 (d) A boat on water of the state must carry one United States Coast Guard approved Type I, Type II, or Type III personal flotation device in serviceable condition for each person on board the boat. A Type V personal flotation device may be carried in lieu of a personal flotation device required in this subsection if the Type V personal flotation device is in serviceable condition and
     (1) if the approval label on the Type V personal flotation device indicates that the device is approved for the activity in which the boat is being used, or that the device is approved as a substitute for a personal flotation device of the type required on the boat; and

     (2) for a device that contains a reference to an owner’s manual, if the Type V personal flotation device is used in accordance with the requirements in the owner’s manual.

 (e) In addition to the requirements in (d) of this section, a boat that is 16 feet or longer, other than a kayak or canoe, must carry one Type IV personal flotation device that can be thrown and that is approved by the United States Coast Guard.

 (f) A person may not use a flashing or revolving red or blue emergency light on a boat unless the boat is operated by a peace officer or emergency professional in the performance of official duties.

 (g) The operator of a boat on water of the state may not transport a person under 13 years of age on the deck of a boat or in an open boat unless the person is wearing a United States Coast Guard approved Type I, Type II, or Type III personal flotation device. A Type V personal flotation device may be worn in lieu of a personal flotation device required in this subsection if the Type V personal flotation device is in serviceable condition and
     (1) if the approval label on the Type V personal flotation device indicates that the device is approved for the activity in which the boat is being used, or that the device is approved as a substitute for a personal flotation device of the type required on the boat; and

     (2) for a device that contains a reference to an owner’s manual, if the Type V personal flotation device is used in accordance with the requirements in the owner’s manual.

 (h) The Department of Public Safety may require, by regulation, that a boat or class of boats carry additional equipment that is necessary for the safety of persons and property.




Sec. 05.25.012. Diver’s flag.
A person who is in the water using an underwater breathing device may display a diver’s flag constructed of rigidly supported material at least 12 inches by 12 inches in area of red background with a white diagonal stripe. This diver’s flag may be displayed on a boat or surface float and must extend a minimum distance of three feet from the surface of the water. The diver’s flag shall be placed at or near the point of submergence and constitutes a warning that a diver is submerged and may be within 100 feet of the flag. A diver shall remain within 100 feet of the diver’s flag while at or near the surface. A boat operator within sight of a diver’s flag shall proceed with caution, steering clear of the flag by a distance of 100 feet. Outside commercial shipping lanes, boats maneuvering within a 100-foot radius of a diver’s flag shall be slowed to no-wake speeds or five miles per hour, whichever is necessary to maintain steerage in the seaway. A diver’s flag shall be displayed only while diving operations are underway.


Sec. 05.25.020. Use of boat with water skis and surfboards.
 (a) A person may not operate a boat on water of the state for towing a person on water skis, a surfboard, or a similar device unless
     (1) the boat is equipped with a rearview mirror in which the person being towed can be viewed; or

     (2) there is, in the boat, a person of 12 years of age or older in addition to the operator in a position to observe the progress of the person being towed.

 (b) A person may not operate a boat on water of the state to tow a person under 13 years of age on water skis, a surfboard, or a similar device unless the person being towed is wearing a United States Coast Guard approved
     (1) Type I, Type II, or Type III personal flotation device; or

     (2) Type V personal flotation device if the Type V personal flotation device is in serviceable condition and
          (A) if the approval label on the Type V personal flotation device indicates that the device is approved for the activity;

          (B) for a device that contains a reference to an owner’s manual, if the Type V personal flotation device is used in accordance with the requirements in the owner’s manual.




Article 2. Accidents and Liability.


Sec. 05.25.030. Boat collisions, accidents, and casualties.
 (a) The operator of a boat involved in a collision, accident, or casualty shall
     (1) render assistance as is practicable and necessary to save other persons from danger or to minimize the danger to other persons to the extent that the operator can do so without serious danger to the operator’s boat, crew, and passengers; and

     (2) give the operator’s name, address, and identification number of the operator’s boat in writing to each person injured in the collision, accident, or casualty and to the owner of property damaged in the collision, accident, or casualty.

 (b) For the purpose of gathering boating accident statistics, the operator of a boat involved in a collision, accident, or casualty that results in death or injury to a person, or damage to property in excess of $500 for each incident, shall file a report with the Department of Public Safety on or before the 20th day after the incident. The Department of Public Safety shall prepare a form for the report and make the form available to other agencies and to the public.

 (c) In response to a request from an authorized official or agency of the United States, a law enforcement agency, or in compliance with United States Coast Guard regulations, the Department of Public Safety shall provide statistical information compiled or otherwise available to the Department of Public Safety from the reports required under (b) of this section.




Sec. 05.25.040. Owner’s civil liability.
Except as provided under AS 09.65.112 and AS 09.65.290, the owner of a boat is liable for injury or damage caused by the negligent operation of the owner’s boat whether the negligence consists of a violation of a state statute or the failure to exercise ordinary care in the operation of the boat as the rules of the common law require. The owner is not liable, however, unless the boat is used with the owner’s express or implied consent. It is presumed that the boat is being operated with the knowledge and consent of the owner if, at the time of the injury or damage, it is under the control of the owner’s spouse, father, mother, brother, sister, son, daughter, or other member of the owner’s immediate family. This chapter does not relieve any other person from a liability that the person would otherwise incur and does not authorize or permit recovery in excess of injury or damage actually incurred.


Article 3. General Provisions.


Sec. 05.25.050. Declaration of policy.
It is the policy of the state to promote safety for persons and property in and connected with the use, operation, and equipment of boats on water of the state and to promote uniformity of laws relating to boat safety.


Sec. 05.25.052. Uniform state waterway marking system.
The department shall develop and adopt regulations establishing a uniform state waterway marking system for the placement of regulatory markers. The regulations must be compatible with the system of aids to navigation prescribed by the United States Coast Guard.


Sec. 05.25.053. Boating safety program.
 (a) Except as provided in this section, the department shall administer a statewide boating safety program. The program must, to the extent consistent with state law,
     (1) secure the full benefits available to the state under 46 U.S.C. 13101 — 13110; and

     (2) take additional actions necessary to gain initial and ongoing federal acceptance of the boating safety program and to qualify and apply for federal money under 46 U.S.C. 13102.

 (b) The department shall cooperate with local, state, and federal agencies, private and public organizations, and individuals to provide for
     (1) a statewide boating safety education program; the program must
          (A) develop educational materials relevant to the unique needs of urban and rural boaters in this state;

          (B) support statewide boating safety training programs;

          (C) support boating safety education and training programs for children and other high risk groups;

          (D) train, certify, and support boating safety instructors;

          (E) evaluate, on an ongoing basis, the effectiveness of programs funded under this chapter;

     (2) a boating safety advisory council as described in AS 05.25.057;

     (3) a uniform state waterway marking system; and

     (4) a boat registration and numbering system through the Department of Administration.

 (c) The Department of Public Safety shall cooperate with local, state, and federal agencies, private and public organizations, and individuals to provide for
     (1) a boating collisions, accidents, and casualties reporting system; and

     (2) boating safety patrol and law enforcement activity.




Sec. 05.25.055. Registration and numbering of boats.
 (a) An undocumented boat placed on water of the state must be registered and numbered as required by this chapter. The Department of Administration shall adopt by regulation a boat registration and numbering system that is consistent with the national standard for state numbering systems established by the United States Coast Guard.

 (b) In adopting a boat registration system under (a) of this section, the Department of Administration shall authorize agents, including boat dealers, to register boats.

 (c) A boat dealer shall require a purchaser of a new or used boat sold at retail to complete a registration application and pay the registration fee before the boat leaves the dealer’s premises unless the boat is exempt from registration and numbering under this chapter or regulations adopted under this chapter.

 (d) A person may not operate a boat on water of the state unless a valid certificate of number has been awarded by the Department of Administration to the boat and the identification number and any required validation decals are properly displayed on the boat.

 (e) The Department of Administration shall authorize agents to accept an application and registration fee for registration, to issue a registration, and to forward the application and registration fee to the Department of Administration.

 (f) Unless otherwise provided by this chapter, or unless the owner has been awarded a current, valid Alaska certificate of number from the United States Coast Guard, the owner of a boat for which a current certificate of number has been awarded under federal law or a federally approved numbering system of another state shall apply for a certificate of number in this state as required by this chapter if the boat is operated on water of the state for more than 90 consecutive days. If a boat has an existing number, the owner may request that the department issue the same number for purposes of this section, and the department shall comply with the request unless compliance would result in a duplication of numbers.

 (g) A certificate of number issued under this chapter is valid for three years unless terminated or discontinued earlier as required by this chapter and regulations adopted under this chapter. The certificate expires on the last day of the month at the end of the three-year period. The expiration date shall be indicated on the certificate.

 (h) All records of ownership of boats that are kept by the Department of Administration under this section are public records. The Department of Administration shall provide records of ownership and registration expense reports to the Department of Public Safety for the purposes of meeting the federal requirements for state programs and implementing this chapter.

 (i) The following boats are exempt from the numbering and registration provisions of this section:
     (1) a boat that is operated in this state for a period not exceeding 90 consecutive days and that has a current, valid certificate of number issued by another state having a federally approved numbering system;

     (2) a foreign boat operated in water of the state for a period not exceeding 90 consecutive days;

     (3) a boat owned by the United States or an entity or political subdivision of the United States, or a boat owned by a state or an entity or political subdivision of a state;

     (4) a boat that is not equipped with mechanical propulsion;

     (5) a boat with a valid document to operate the boat that is issued by the United States or a foreign government;

     (6) a handmade nonmotorized umiaq with a walrus or sealskin covering.




Sec. 05.25.057. Alaska Boating Safety Advisory Council established.
 (a) The Alaska Boating Safety Advisory Council is established in the department.

 (b) The council consists of seven members appointed by the governor. The governor shall appoint each member on the basis of interest in public affairs, knowledge of boating issues as they relate to both safety and water of the state, and good judgment and ability concerning boating safety. The appointed members shall represent boat owner interests, including owners of boats powered by engines and owners of boats that are paddled, poled, rowed, or powered by wind, shall be residents of the state, and shall be appointed without regard to political affiliation or geographical location of residence. The commissioner is not a member of the council, but shall be ex officio secretary.

 (c) The purpose of the council is to
     (1) recommend to the department boating safety educational materials;

     (2) review and make recommendations on proposed boating regulations;

     (3) consider regional boating safety needs and promote boating safety education programs throughout the state; and

     (4) advise the department on state, regional, and national boating issues.

 (d) The council may not meet more than two times in each calendar year. Members of the council receive no compensation for services on the council, but are entitled to per diem and travel expenses authorized for boards under AS 39.20.180.

 (e) In this section, “council” means the Alaska Boating Safety Advisory Council.




Sec. 05.25.060. Prohibited operation.
A person may not operate a boat on water of the state
     (1) for a recreational purpose or another purpose, or tow water skis, a surfboard, or a similar device, in a reckless or negligent manner so as to endanger the life or property of another person; or

     (2) that is not equipped as required under this chapter and regulations adopted under this chapter.




Sec. 05.25.070. Exemptions.
Boats and persons operating boats are exempt from this chapter when participating in the area set aside for a public regatta, race, marine parade, tournament, or exhibition on inland water; for purposes of this section, “inland water” means water of the state that is not offshore water.


Sec. 05.25.080. Enforcement.
 (a) The Department of Public Safety has authority for enforcement of this chapter and the regulations adopted under this chapter. Nothing in this chapter authorizes a department or board to enter into an agreement with a department or agency of the federal government that cedes state authority for the management of its waterways to the federal government.

 (b) A peace officer, other than a person employed by the federal government, may enforce this chapter and, in the exercise of enforcement, may stop and, if the peace officer has probable cause to believe a violation of this chapter has occurred, board watercraft subject to this chapter. A peace officer may issue a citation as provided in AS 12.25.175 — 12.25.230 to a person who violates a provision of this chapter.

 (c) A person employed by the Department of Natural Resources, or a person, other than a person employed by the federal government, authorized by the commissioner under AS 41.21.955(a), acting as a peace officer, may enforce this chapter and regulations adopted under this chapter only in units of the state park system.




Sec. 05.25.090. Penalties.
 (a) Except as provided in (b) of this section, a person who violates a provision of this chapter or regulations adopted under this chapter is guilty of a class A misdemeanor.

 (b) A person who violates
     (1) AS 05.25.010, 05.25.020, 05.25.030(b), 05.25.060(2), or a regulation adopted under this chapter relating to AS 05.25.010 or 05.25.020 is guilty of a violation as defined in AS 11.81.900 and may be fined up to $500;

     (2) AS 05.25.055 is guilty of a violation as defined in AS 11.81.900 and may be fined up to $50.

 (c) The supreme court shall establish by order or rule a schedule of bail amounts for violations under (b) of this section that allow the disposition of a citation without a court appearance.




Sec. 05.25.095. Regulations.
 (a) Except as provided in (c) — (e) of this section, the department may adopt regulations regarding requirements for certification of programs on boating safety education.

 (b) In consultation with the Department of Public Safety, the Department of Administration may adopt regulations to implement this chapter with respect to the numbering, marking, and titling of undocumented boats.

 (c) Regulations adopted under this chapter may not be less stringent than applicable minimum requirements of regulations governing recreational boat safety of the United States Coast Guard.

 (d) The department may not adopt a regulation under (a) of this section if, before or during the period for public comment on the proposed regulation provided by AS 44.62.190, the Alaska Boating Safety Advisory Council provides the department with a written objection regarding the regulation, unless the department modifies the proposed regulation to satisfy the objection. The prohibition of this subsection does not apply if modification of the proposed regulation to satisfy the council’s objection would result in
     (1) failure to meet a federal stringency requirement described under (c) of this section; or

     (2) a regulation that is not consistent with another provision of law.

 (e) Nothing in this section authorizes the department to prohibit a use of or access to the water of the state by a person or user group.




Sec. 05.25.096. Fees.
 (a) The Department of Administration shall assess the following fees:
     (1) motorized boat registration, registration renewal, and transfer of registration, $24 for a three-year period;

     (2) nonmotorized boat registration, registration renewal, and transfer of registration, $10 for a three-year period;

     (3) replacement of lost registration, $5;

     (4) replacement of lost registration validation decals, $5.

 (b) The Department of Administration shall separately account for fees collected under (a) of this section for boat registration that are deposited in the general fund. The annual estimated balance in that account may be used by the legislature to make appropriations to the department and the Department of Administration to carry out the purposes of this chapter.




Sec. 05.25.100. Definitions.
In this chapter, unless the context requires otherwise,
     (1) “aids to navigation” means buoys, beacons, or other fixed objects in the water that are used to mark obstructions to navigation or to direct navigation through safe channels;

     (2) “boat” means watercraft used or capable of being used as a means of transportation on water, except for
          (A) a ship’s lifeboat;

          (B) a seaplane;

          (C) an inspected passenger vessel; and

          (D) a single air mattress, single inner tube, or other water toy;

     (3) “boat dealer” means a person engaged wholly or in part in the business of selling or offering for sale, buying or taking in trade for the purpose of resale, or exchanging, displaying, demonstrating, or offering for sale three or more boats within 12 consecutive months and who receives or expects to receive money, profit, or any other thing of value;

     (4) “certificate of number” means the document bearing the identification number issued to a boat by the Department of Administration under this chapter, by a federal agency, or by the state of principal use under a federally approved numbering system;

     (5) “commissioner” means the commissioner of natural resources;

     (6) “department” means the Department of Natural Resources;

     (7) “operate” means to navigate or to be in actual physical control of a boat used or capable of being used as a means of transportation on water of the state;

     (8) “owner” means a person who has a property interest other than a security interest in a boat and the right of use or possession of the boat; “owner” does not include a lessee unless the lease is intended as security;

     (9) “ownership” means a property interest other than a security interest;

     (10) “passenger” means a person on board a boat who is not the master, operator, crew member, or other person engaged in a capacity in the business of the boat;

     (11) “regulatory marker” means an anchored or fixed marker in or on the water, or sign on the shore or on a bridge over the water, other than aids to navigation; “regulatory marker” includes swimming markers, bathing markers, speed zone markers, identification markers, danger zone markers, boat keep-out areas, special anchorage areas, and mooring buoys;

     (12) “serviceable condition” as applied to personal flotation devices means
          (A) metal or plastic hardware is not broken, deformed, or weakened by corrosion;

          (B) webbings or straps are not ripped, torn, or separated from an attachment point;

          (C) there are no rotted or deteriorated structural components that fail when tugged;

          (D) there are no rips, tears, or open seams in fabric or coatings that are large enough to allow the loss of buoyant material;

          (E) buoyant material has not become hardened, nonresilient, permanently compressed, waterlogged, or oil-soaked, and does not show evidence of fungus or mildew;

          (F) there is no loss of buoyant material or evidence of buoyant material that is not securely held in position;

          (G) there is a properly armed inflation mechanism, complete with a full inflation medium cartridge and all status indicators showing that the inflation mechanism is properly armed, unless the PFD is worn inflated;

          (H) inflatable chambers are all capable of holding air;

          (I) oral inflation tubes are not blocked, detached, or broken;

          (J) the manual inflation lanyard or lever is not inaccessible, broken, or missing;

          (K) inflator status indicators are not broken or otherwise non-functional;

     (13) “undocumented boat” means a boat that does not possess a valid certificate of documentation issued by the United States Coast Guard under 46 U.S.C. 12101 — 12123;

     (14) “validation decal” means a decal that has the state of registration and registration expiration year clearly marked;

     (15) “water of the state” has the meaning given in the term “navigable water” in AS 38.05.965; “water of the state” also includes the marginal sea adjacent to the state and the high seas within the territorial limits of the state, irrespective of the ownership of the land underlying those waters.




Chapter 30. Snow Vehicles.

[Repealed, § 2 ch 134 SLA 1998. For current law, see AS 28.39.]

Chapter 35. Sports Facilities Grants.

Sec. 05.35.010. Grant of funds for sports facilities.
Subject to direct appropriation or through the proceeds of a bonding issue, the state shall make matching grants to municipalities of an amount equal to $50 per capita, based on the population of the municipality, to pay not more than one-half of the cost of construction of a facility to be used principally for sports.


Sec. 05.35.020. Application and disbursement.
Application for a grant under AS 05.35.010 — 05.35.070 shall be made before June 30, 1974. Funds shall be disbursed upon demonstration that a proposed facility is of the type contemplated by AS 05.35.010 — 05.35.070 and that the applicant will pay its share of the cost of construction.


Sec. 05.35.030. Maintenance and employment of facility.
A municipality shall maintain a facility and employ it, or cause it to be employed, for the uses intended by AS 05.35.010 — 05.35.070 by direct operation, by operation through a contract manager, or by lease.


Sec. 05.35.040. Power of municipality.
A municipality may own, maintain, and employ a facility constructed under AS 05.35.010 — 05.35.070. The exercise of this power on an areawide basis is at the option of the borough and is not subject to the restrictions on acquiring additional areawide powers in AS 29.35.300 — 29.35.330.


Sec. 05.35.050. Limitation.
No more than one grant under AS 05.35.010 — 05.35.070 may be made within an organized borough. If an organized borough refuses or fails to undertake a project within one year of July 1, 1972, a first class city within that organized borough may undertake a sports facility project.


Sec. 05.35.060. Administration.
The commissioner shall administer the grant program and in so doing liberally interpret AS 05.35.010 — 05.35.070.


Sec. 05.35.070. Definitions.
In AS 05.35.010 — 05.35.070,
     (1) “commissioner” means the commissioner of commerce, community, and economic development;

     (2) “cost of construction” includes, in addition to costs directly related to the project, the sum total of all costs of financing and carrying out of the project; these include, but are not limited to, the costs of all necessary studies, surveys, plans and specifications, architectural, engineering or other special services, acquisition of real property, site preparation and development, purchase, construction, reconstruction and improvement of real property, and the acquisition of machinery and equipment as may be necessary in connection with the project; an allocable portion of the administrative and operating expenses of the grantee; the cost of financing the project, including interest on bonds issued to finance the project; and the cost of other items, including any indemnity and surety bonds and premiums on insurance, legal fees, fees and expenses of trustees, depositaries, financial advisors, and paying agents for the bonds issued as the issuer considers necessary; it does not include the cost of promotion, travel, or feasibility studies;

     (3) “facility” means a covered stadium or arena or any combination of them, or any other similar structure or structures, including related improvements such as parking areas, locker rooms, concession stands, restaurants, offices, press boxes, rest rooms, and storage areas, and including fixed or portable equipment, used in the operation of the facility;

     (4) “municipality” means an organized borough of any class or a first class city outside an organized borough;

     (5) “population” means the population of a municipality established by the final official 1970 U.S. Census or other reliable population data;

     (6) “used principally for sports” means that the major use of a facility shall be for sporting events such as baseball games, rodeos, football games, soccer games, track and field meets, ice hockey matches, basketball games, and boxing and wrestling matches, viewed by spectators in substantial numbers, and that the use of a facility may be for organized participant sports and nonsports activities for which similar facilities are commonly used.




Sec. 05.35.100. Alaska Winter Olympics account. [Repealed, § 2 ch 6 SLA 1986.]
Sec. 05.35.150. Alaska amateur sports fund. [Repealed, § 12 ch 42 SLA 1997.]

Chapter 40. Alaska Amateur Sports Authority.

[Repealed, § 9 ch 115 SLA 1989.]

Chapter 45. Ski Liability, Safety, and Responsibility.

Sec. 05.45.010. Limitation on actions arising from skiing.
Notwithstanding any other provision of law, a person may not bring an action against a ski area operator for an injury resulting from an inherent danger and risk of skiing.


Sec. 05.45.020. Effect of violations.
 (a) A ski area operator or other person who violates a requirement of this chapter, a provision of a plan of operation prepared under AS 05.45.040, or a regulation adopted by the Department of Labor and Workforce Development under AS 05.20.070 is negligent and civilly liable to the extent the violation causes injury to a person or damage to property.

 (b) Notwithstanding the provisions of AS 09.17.080,
     (1) the limitation of liability described under AS 05.45.010 is a complete defense in an action against a ski area operator for an injury if an inherent danger or risk of skiing is determined to be a contributory factor in the resulting injury, unless the ski area operator has violated a requirement of this chapter, a provision of a plan of operation prepared under AS 05.45.040, or a regulation adopted by the Department of Labor and Workforce Development under AS 05.20.070;

     (2) a violation of the passenger duties imposed under AS 05.45.030 or skier duties imposed under AS 05.45.100 is a complete defense in an action against a ski area operator if the violation is determined to be a contributory factor in the resulting injury, unless the ski area operator has violated a requirement of this chapter, a provision of a plan of operation prepared under AS 05.45.040, or a regulation adopted by the Department of Labor and Workforce Development under AS 05.20.070.

 (c) If the ski area operator is determined to have violated a requirement of this chapter, a provision of a plan of operation prepared under AS 05.45.040, or a regulation adopted by the Department of Labor and Workforce Development under AS 05.20.070, the provisions of AS 09.17.080 apply in an action against a ski area operator for an injury resulting from the violation.




Sec. 05.45.030. Duties of passengers.
 (a) A passenger may not board a tramway if the passenger does not have
     (1) sufficient physical dexterity or ability and knowledge to negotiate or use the facility safely; or

     (2) the assistance of a person authorized by the ski area operator to assist a skier.

 (b) A passenger may not
     (1) embark upon or disembark from a tramway except at a designated area unless reasonably necessary to prevent injury to the passenger or others; this paragraph does not apply if the tramway stops and the operator assists the passengers to disembark from the tramway;

     (2) intentionally throw or expel an object from a tramway while riding on the tramway, except as permitted by the operator;

     (3) act while riding on a tramway in a manner that may interfere with proper or safe operation of the tramway;

     (4) engage in conduct that may contribute to or cause injury to a person;

     (5) intentionally place in an uphill track of a J-bar, T-bar, platter pull, rope tow, or another surface lift an object that could cause another skier to fall;

     (6) embark upon a tramway marked as closed;

     (7) disobey instructions posted in accordance with this chapter or oral instructions by the ski area operator regarding the proper or safe use of a tramway unless the oral instructions are contrary to this chapter or contrary to posted instructions.




Sec. 05.45.040. Required plan and patrol by ski area operators.
 (a) A ski area operator shall prepare a plan of operation for each ski season and shall implement the plan throughout the ski season. A plan of operation must include written provisions for ski patrol, avalanche control, avalanche rescue, grooming procedures, tramway evacuation, hazard marking, missing person procedures, and first aid. Before the operation of the ski area for that season, the plan shall be reviewed and approved by the commissioner of natural resources except that if an agency of the United States manages the land on which the ski area operates, the plan shall be reviewed and approved by that agency. The commissioner of natural resources may require a ski area operator to pay a fee not to exceed the department’s cost of reviewing the plan, and may adopt regulations to implement this subsection.

 (b) A ski area operator shall provide a ski patrol whose members meet or exceed the training standards of the National Ski Patrol System, Inc. This subsection does not apply to a ski area if the operator transports skiers using only a single tramway consisting of a rope tow, the rope tow does not transport skiers more than 500 vertical feet, and the ski area is operated by a nonprofit corporation or a municipality. In this subsection, “nonprofit corporation” means a corporation that qualifies for exemption from taxation under 26 U.S.C. 501(c)(3) or (4) (Internal Revenue Code).

 (c) Notwithstanding any other law, the state and the commissioner of natural resources are not civilly liable for damages resulting from an act or omission in reviewing, approving, or disapproving a plan of operation under (a) of this section.




Sec. 05.45.050. Required signs for tramways; duties of operators.
 (a) A ski area operator who operates a tramway shall maintain a sign system with concise, simple, and pertinent information for the protection and instruction of passengers. Signs shall be prominently placed on each tramway, readable in conditions of ordinary visibility, and, where applicable, adequately lighted for nighttime passengers. Signs shall be posted
     (1) at or near the loading point of each tramway, regardless of the type, advising that a person not familiar with the operation of the device must ask the operator of the device for assistance and instruction;

     (2) in the interior of each two-car and multicar tramway showing
          (A) the maximum capacity in pounds of the car and the maximum number of passengers allowed;

          (B) instructions for procedures in emergencies;

     (3) in a conspicuous place at each loading area of two-car and multicar tramways stating the maximum capacity in pounds of the car and the maximum number of passengers allowed;

     (4) at all chair lifts stating the following:
          (A) “Prepare to Unload,” which shall be located not less than 50 feet ahead of the unloading area;

          (B) “Keep Ski Tips Up,” which shall be located ahead of any point where the skis may come in contact with a platform or the snow surface;

          (C) “Unload Here,” which shall be located at the point designated for unloading;

          (D) “Stop Gate,” which shall be located where applicable;

          (E) “Remove Pole Straps from Wrists,” which shall be located prominently at each loading area;

          (F) “Check for Loose Clothing and Equipment,” which shall be located before the “Prepare to Unload” sign;

     (5) at all J-bars, T-bars, platter pulls, rope tows, and any other surface lift, stating the following:
          (A) “Remove Pole Straps from Wrists,” which shall be placed at or near the loading area;

          (B) “Stay in Tracks,” “Unload Here,” and “Safety Gate,” which shall be located where applicable;

          (C) “Prepare to Unload,” which shall be located not less than 50 feet ahead of each unloading area;

     (6) near the boarding area of all J-bars, T-bars, platter pulls, rope tows, and any other surface lift, advising passengers to check to be certain that clothing, scarves, and hair will not become entangled with the lift;

     (7) at or near the boarding area of all lifts, stating the skier’s duty set out in AS 05.45.100(c)(2).

 (b) Signs not specified by (a) of this section may be posted at the discretion of the ski area operator.

 (c) A ski area operator, before opening the tramway to the public each day, shall inspect the tramway for the presence and visibility of the signs required by (a) of this section.

 (d) A ski area operator shall post and maintain signs that are required by (a) of this section in a manner that they may be viewed during conditions of ordinary visibility.




Sec. 05.45.060. Required signs for trails and slopes; duties of operators.
 (a) A ski area operator shall maintain a sign and marking system as required in this section in addition to that required by AS 05.45.050. All signs required by this section shall be maintained so as to be readable and recognizable under conditions of ordinary visibility.

 (b) A ski area operator shall post a sign recognizable to skiers proceeding to the uphill loading point of each base area lift that depicts and explains signs and symbols that the skier may encounter at the ski area. The sign must include the following:
     (1) the least difficult trails and slopes, designated by a green circle and the word “easier”;

     (2) the most difficult trails and slopes, designated by a black diamond and the words “most difficult”; trails intended for expert skiers may be marked with a double black diamond and the words “expert only”;

     (3) the trails and slopes that have a degree of difficulty that falls between the green circle and the black diamond designation, designated by a blue square and the words “more difficult”;

     (4) danger areas designated by a red exclamation point inside a yellow triangle with a red band around the triangle and the word “danger” printed beneath the emblem;

     (5) closed trails or slopes designated by a sign with a circle or octagon around a figure in the shape of a skier with a band running diagonally across the sign from the upper right-hand side to the lower left-hand side and with the word “closed” printed beneath the emblem.

 (c) If applicable, a sign shall be placed at or near the loading point of each tramway as follows:
WARNING: This lift services (most difficult) or (most difficult and more difficult) or (more difficult) slopes only.      (d) If a particular trail or slope or portion of a trail or slope is closed to the public by a ski area operator, the operator shall place a sign notifying the public of that fact at each identified entrance of each portion of the trail or slope involved. A slope without an entrance defined by terrain or forest growth may be closed with a line of signs in a manner readily visible to skiers under conditions of ordinary visibility. This subsection does not apply if the trail or slope is closed with ropes or fences.

 (e) A ski area operator shall
     (1) place a sign at or near the beginning of each trail or slope, which must contain the appropriate symbol of the relative degree of difficulty of that particular trail or slope as described in (b) of this section; this paragraph does not apply to a slope or trail designated “easier” that to a skier is substantially visible in its entirety under conditions of ordinary visibility before beginning to ski the slope or trail;

     (2) mark the ski area boundaries in a fashion readily visible to skiers under conditions of ordinary visibility;

     (3) mark that portion of the boundary with signs as required by (b)(5) of this section if the owner of land adjoining a ski area closes all or part of the land and notifies the ski area operator of the closure;

     (4) mark hydrants, water pipes, and all other man-made structures on slopes and trails that are not readily visible to skiers under conditions of ordinary visibility from a distance of at least 100 feet and adequately and appropriately cover man-made structures that create obstructions with a shock absorbent material that will lessen injuries; any type of marker is sufficient, including wooden poles, flags, or signs, if the marker is visible from a distance of 100 feet and if the marker itself does not constitute a serious hazard to skiers; in this paragraph, “man-made structures” does not include variations in steepness or terrain, whether natural or as a result of slope design, snow making, grooming operations, roads and catwalks, or other terrain modifications;

     (5) mark exposed forest growth, rocks, stumps, streambeds, trees, or other natural objects that are located on a slope or trail that is regularly used by skiers or that is regularly packed and prepared by a ski area operator using a snow vehicle and attached implements and that are not readily visible to skiers under conditions of ordinary visibility from a distance of at least 100 feet;

     (6) mark roads, catwalks, cliffs, or other terrain modifications that are not readily visible to skiers under conditions of ordinary visibility from a distance of at least 100 feet;

     (7) post and maintain signs that contain the warning notice specified in (g) of this section; the notice shall be placed in a clearly visible location at the ski area where lift tickets and ski school lessons are sold and in a position to be recognizable as a sign to skiers proceeding to the uphill loading point of each base area lift; the signs may not be smaller than three feet by three feet and must be white with black and red letters as specified in this paragraph; the word “WARNING” must appear on the sign in red letters; the warning notice specified in this paragraph must appear on the sign in black letters with each letter to be a minimum of one inch in height.

 (f) A ski lift ticket sold or made available for sale to skiers by a ski area operator must contain in clearly readable print the warning notice specified in (g) of this section.

 (g) The signs described in (e)(7) of this section and the lift tickets described in (f) of this section must contain the following warning notice:
WARNING:     Under Alaska law, the risk of an injury to person or property resulting from any of the inherent dangers and risks of skiing rests with the skier. Inherent dangers and risks of skiing include changing weather conditions; existing and changing snow conditions; bare spots, rocks, stumps and trees; collisions with natural objects, man-made objects, or other skiers; variations in terrain; and the failure of skiers to ski within their own abilities.     



Sec. 05.45.070. Other duties of ski area operators.
 (a) A ski area operator shall equip a motorized snow-grooming vehicle with a light visible at any time the vehicle is moving on or in the vicinity of a ski slope or trail.

 (b) When maintenance equipment is being employed to maintain or groom a ski slope or trail while the ski slope or trail is open to the public, the ski area operator shall place a conspicuous notice regarding the maintenance or grooming at or near the top of that ski slope or trail.

 (c) A motor vehicle operated on the ski slope or trails of a ski area shall be equipped with at least
     (1) one lighted head lamp;

     (2) one lighted red tail lamp;

     (3) a brake system maintained in operable condition; and

     (4) a fluorescent flag at least 40 square inches mounted at least six feet above the bottom of the tracks.

 (d) A ski area operator shall make available at reasonable fees, instruction and education regarding the inherent danger and risk of skiing and the duties imposed on skiers under this chapter. Notice of the availability of the instruction and education required under this subsection shall be placed in a clearly visible location at the ski area where lift tickets and ski school lessons are sold, in a position to be recognizable as a sign to skiers proceeding to the uphill loading point of each base area lift, and printed on equipment rental agreements.




Sec. 05.45.080. Skiers outside marked boundaries.
A ski area operator does not have a duty arising out of the operator’s status as a ski area operator to a skier skiing beyond the area boundaries if the boundaries are marked as required by AS 05.45.060(e)(2).


Sec. 05.45.090. Reckless skiers; revocation of skiing privileges.
 (a) A ski area operator shall develop and maintain a written policy covering situations involving reckless skiers, including a definition of reckless skiing, procedures for approaching and warning skiers regarding reckless conduct, and procedures for taking action against reckless skiers, including revocation of ski privileges. A ski area operator shall designate ski patrol personnel responsible for implementing the ski area operator’s policy regarding reckless skiers.

 (b) A ski area operator, upon finding a person skiing in a careless and reckless manner, may revoke that person’s skiing privileges. This section may not be construed to create an affirmative duty on the part of the ski area operator to protect skiers from their own or from another skier’s carelessness or recklessness.




Sec. 05.45.100. Duties and responsibilities of skiers.
 (a) A skier is responsible for knowing the range of the skier’s own ability to negotiate a ski slope or trail and to ski within the limits of the skier’s ability. A skier is responsible for an injury to a person or property resulting from an inherent danger and risk of skiing, except that a skier is not precluded under this chapter from suing another skier for an injury to person or property resulting from the other skier’s acts or omissions. Notwithstanding any other provision of law, the risk of a skier’s collision with another skier is not an inherent danger or risk of skiing in an action by one skier against another.

 (b) A skier has the duty to maintain control of the skier’s speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, a person skiing downhill has the primary duty to avoid collision with a person or object below the skier.

 (c) A skier may not
     (1) ski on a ski slope or trail that has been posted as “closed” under AS 05.45.060(b)(5) and (d);

     (2) use a ski unless the ski is equipped with a strap or other device capable of stopping the ski should the ski become unattached from the skier;

     (3) cross the uphill track of a J-bar, T-bar, platter pull, or rope tow except at locations designated by the operator, or place an object in an uphill track;

     (4) move uphill on a tramway or use a ski slope or trail while the skier’s ability is impaired by the influence of alcohol or a controlled substance as defined in AS 11.71.900 or other drug;

     (5) knowingly enter upon public or private land from an adjoining ski area when the land has been closed by an owner and is posted by the owner or by the ski area operator under AS 05.45.060(e)(3).

 (d) A skier shall stay clear of snow grooming equipment, vehicles, lift towers, signs, and other equipment on the ski slopes and trails.

 (e) A skier has the duty to heed all posted information and other warnings and to refrain from acting in a manner that may cause or contribute to the injury of the skier or others. Evidence that the signs required by AS 05.45.050 and 05.45.060 were present, visible, and readable at the beginning of a given day creates a presumption that all skiers using the ski area on that day have seen and understood the signs.

 (f) Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, a skier has the duty to avoid moving skiers already on the ski slope or trail.

 (g) Except for the purpose of securing aid for a person injured in the collision, a skier involved in a collision with another skier or person that results in an injury may not leave the vicinity of the collision before giving the skier’s name and current address to the other person involved in the collision and to an employee of the ski area operator or a member of the voluntary ski patrol. A person who leaves the scene of a collision to obtain aid shall give the person’s name and current address as required by this subsection after obtaining aid.

 (h) A person who violates a provision of (c) or (g) of this section is guilty of a violation as defined in AS 11.81.900. The commissioner of natural resources, a person designated by the ski area operator who is authorized by the commissioner, or an employee of the Department of Natural Resources authorized by the commissioner may issue a citation in accordance with the provisions of AS 41.21.960 to a person who violates (c) or (g) of this section within a ski area.

 (i) The supreme court shall establish by rule or order a schedule of bail amounts that may be forfeited without a court appearance for a violation of (c) or (g) of this section.




Sec. 05.45.110. Competition; immunity for ski area operator.
 (a) The ski area operator shall, before the beginning of a ski competition, allow an athlete who will ski in the competition a reasonable visual inspection of the course or area where the competition is to be held.

 (b) An athlete skiing in competition assumes the risk of all course or area conditions, including weather and snow conditions, course construction or layout, and obstacles that a visual inspection would have revealed. A ski area operator is not liable for injury to an athlete who skis in competition and who is injured as a result of a risk described in this subsection.




Sec. 05.45.120. Use of liability releases.
 (a) A ski area operator may not require a skier to sign an agreement releasing the ski area operator from liability in exchange for the right to ride a ski area tramway and ski in the ski area. A release that violates this subsection is void and may not be enforced.

 (b) Notwithstanding (a) of this section, a ski area operator may
     (1) require a special event coach, participant, helper, spectator, or rental customer to sign an agreement releasing the ski area operator from liability in exchange for the right to coach, participate, assist in, or observe the special event; or

     (2) use a release agreement required by a third party as a condition of operating a rental program or special event at the ski area.

 (c) In this section, “special event” means an event, pass, race, program, rental program, or service that offers competition or other benefits in addition to a ticket representing the right to ride a ski area tramway and ski on the ski slopes or trails, whether or not additional consideration is paid.




Sec. 05.45.200. Definitions.
In this chapter,
     (1) “base area lift” means a tramway that skiers ordinarily use without first using some other tramway;

     (2) “conditions of ordinary visibility” means daylight or, where applicable, nighttime, in nonprecipitating weather;

     (3) “inherent danger and risk of skiing” means a danger or condition that is an integral part of the sport of skiing, including changing weather conditions; snow conditions as they exist or may change, including ice, hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, and machine-made snow; surface or subsurface conditions including bare spots, forest growth, rocks, stumps, streams, streambeds, and trees, or other natural objects, and collisions with natural objects; impact with lift towers, signs, posts, fences or enclosures, hydrants, water pipes, other man-made structures, and their components; variations in steepness or terrain, whether natural or as a result of slope design, snowmaking or grooming operations, including roads and catwalks or other terrain modifications; collision with other skiers; and the failure of skiers to ski within their own abilities; the term “inherent danger and risk of skiing” does not include the negligence of a ski area operator under AS 05.45.020, or acts or omissions of a ski area operator involving the use or operation of ski lifts;

     (4) “injury” means property damage, personal injury, or death;

     (5) “passenger” means a person who is lawfully using a tramway;

     (6) “ski area” means all downhill ski slopes or trails and other places under the control of a downhill ski area operator; “ski area” does not include a cross-country ski trail;

     (7) “ski area operator” means a person having operational responsibility for a downhill ski area, and includes an agency of the state or a political subdivision of the state;

     (8) “skier” means an individual using a downhill ski area for the purpose of
          (A) skiing;

          (B) sliding downhill on snow or ice on skis, a toboggan, a sled, a tube, a ski-bob, a snowboard, or another skiing or sliding device; or

          (C) using any of the facilities of a ski area, including ski slopes and trails;

     (9) “ski slopes or trails” means those areas designated by a ski area operator to be used by a skier;

     (10) “tramway” means a device that is a passenger tramway, aerial or surface lift, ski lift, or rope tow regulated under AS 05.20.




Sec. 05.45.210. Short title.
This chapter may be cited as the Alaska Ski Safety Act of 1994.


Chapter 90. Miscellaneous Provisions.

Sec. 05.90.001. Racing events.
 (a) To the extent that it is consistent with federal law and regulations, a special racing event of limited duration that is conducted according to (b) of this section may be held on a state highway.

 (b) The Department of Public Safety, with the concurrence of the Department of Transportation and Public Facilities, may grant, and for cause cancel, permission to conduct a special racing event as provided in this section on terms and conditions and at times and places the department may determine. If the Department of Public Safety refuses or cancels an applicant’s permission, the applicant may request a hearing. The hearing shall be conducted under the provisions of AS 44.62 (Administrative Procedure Act).