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What
is the procedure for holding
a local option election in a
municipality?
The
local
option
process
begins
when
sponsors
submit
an
application
for
petition
to
the
municipal
clerk.
The
clerk
then
reviews
the
application
and,
if
appropriate,
prepares
the
petition,
determines
the
number
of
signatures
required,
and
returns
it
to
the
sponsor(s)
to
obtain
signatures.
After
the
petition
receives
the
required
number
of
signatures
and
is
signed
and
dated
by
the
sponsor,
the
city
clerk
reviews
the
petition
and
either
certifies
it
as
sufficient,
or,
if
it
is
insufficient,
returns
it
to
the
sponsor
to
correct.
After
the
petition
is
certified,
the
clerk
begins
preparation
for
an
election.
If
a
special
election
is
called,
pre-clearance
has
to
be
gotten
from
Department
of
Justice.
The
LOGON
chapter
on Elections and
the
following
steps
detail
the
process
for
conducting
a
local
option
election:
1.
After
identifying
the
desired
option,
an
interested
party
submits
an application
for
petition to
the
municipal
clerk
with
the
following:
a.
language
substantially similar to the
language in the local option
statute (AS
04.11.491(c))
and AS
04.11.507(e)(2));
b.
the
name
and
address
of
a contact
person
and
alternate
(AS
29.26.110);
c.
signatures
of
10
sponsors,
who
are
registered
voters
of
the
municipality
(AS
29.26.110);
and
d.
deals
only
with
a single
subject
(AS
29.26.110).
2.
The
municipal
clerk
has
two
weeks
to
review
and
certify
the
application
and,
if
the
application
meets
the
requirements,
prepare
the
petition
(AS
29.26.120).
The
clerk
reviews
the
application
for
the
following:
a.
to
ensure
the
application
is
in
proper
form;
b.
individuals
who
signed
the
application
are
registered
voters;
c.
the
language is
substantially similar
to the
language spelled
out in
the statute.
3. Within
two
weeks
after
certification
of
the
application,
the
clerk
must
prepare
a petition with:
a.
the
same
question
stated
in
the
application,
which
must
be
at
least
substantially
similar
to
the
language
in
the
statute
and,
where
appropriate,
a
summary
explanation
of
what
effect
the
question
will
have
and
any
required "commonly
known
as" language
(AS
04.11.491 (c)&(d)).
Include
the
question
and
summary
on
each
page;
b.
the
date
the
clerk
issues
the
petition
(AS
29.26.120(3));
c.
notice
that
the
signatures
must
be
obtained
within
90
days
of
the
date
the
clerk
issues
the
petition
(AS
29.26.120(4));
d.
spaces
for
each
signature,
the
printed
name
of
each
signer,
the
date
each
signature
is
affixed,
and
the
residence
and
mailing
addresses
of
each
signer
(AS
29.26.120(5));
e.
a
statement,
with
space
for
the
sponsor's
sworn
signature,
that
the
sponsor
personally
circulated
the
petition,
that
all
signatures
were
affixed
in
the
presence
of
the
sponsor,
and
that
the
sponsor
believes
the
signatures
to
be
those
of
the
persons
whose
names
they
claim
to
be
(AS
29.26.120(6));
and
f.
a
space
for
showing
the
total
number
of
signatures
on
the
petition
(AS
29.26.120(7))
(35%
or
more
of
the
number
of
votes
cast
in
the
last
regular
municipal
election
(AS
04.11.507(b)).
Signatures
must
be
in
ink
and
must
be
legible.
After
the
petition
is
prepared,
the
clerk
must
notify
the
contact
person
in
writing.
The
contact
person
is
responsible
for
notifying
the
other
sponsors.
Copies
of
the
petition
must
be
available
for
each
sponsor
that
requests
one
(AS
29.26.120(c)).
4. After
the
petition
receives
the
required
number
of
good
signatures
(35%
or
more
of
the
number
of
votes
cast
in
the
last
regular
municipal
election),
it
must
be
assembled
and
submitted
as
a
single
document
to
the
municipal
clerk
and
signed
and
dated
by
the
sponsor
stating
that
the
signatures
are
true
and
correct
(AS
29.26.140).
Signatures
must
be
legible,
unless
accompanied
by
a
legible
printed
name;
must
be
accompanied
by
a
legible
address;
and
must
be
a
person
who
resides
in
the
affected
area,
or
they
are
to
be
rejected
by
the
clerk
(AS
29.26.130).
5.
The
clerk
has
10
days
to
certify
whether
the
petition
is
sufficient
and
if
the
petition
is
insufficient,
notify
the
contact
person
by
certified
mail.
Additional
signatures
may
be
obtained
and
filed
before
the
11th day
after
the
date
on
which
the
petition
is
rejected.
If
the
petition
is
not
supplemented
within
the
time
allowed,
it
is
so
noted
and
filed
as
a
public
record
(AS
29.26.140).
6.
If
the
clerk
certifies
that
a
petition
is not sufficient,
a
person
who
signed
the
petition
may
file
a
protest
with
the
mayor
within
seven
days
after
certification.
The
mayor
must
then
present
the
protest
at
the
next
regular
meeting
and
the
governing
body
shall
hear
and
decide
on
the
protest
(AS
29.26.150).
7.
After
the
petition
is
certified,
the
clerk
informs
the
governing
body
and
the
governing
body
then
must
take
steps
to
place
the
question
on
a
separate
ballot
at
the
next
regular
election
or
hold
a
special
election
on
the
question.
The
election
is
conducted
according
to
the
city's
election
procedures
(AS
04.11.507(b)).
See
the
LOGON
chapters
on Elections for
additional
information
on
conducting
elections.
If
a
special
election
is
called,
pre-clearance
has
to
be
gotten
from Department
of
Justice
(DOJ).
If
a
special
election
is
required,
keep
in
mind
when
setting
the
special
election
date
that
pre-clearance
usually
takes
at
least
60
days
from
the
date
DOJ
receives
the
request(see sample
preclearance letter).
8.
As
soon
as
the
election
is
certified,
the Alcohol
Beverage
Control
Board (ABCB)
must
be
notified
of
the
outcome
of
the
election.
The
ABCB
is
then
responsible
for
providing
notice
to
Department
of
Law,
Department
of
Public
Safety,
and
all
package
store
licensees
who
sell
in
response
to
a
written
solicitation.
The
local
governing
body
is
responsible
for
posting
notice
of
a
prohibition
in
a
central
location
in
the
community
(AS
04.11.509(a)).
Does
a local
option
ballot
have
to
contain
certain
wording?
Yes.
The
ballot
must
contain
language
substantially
similar
to
the
language
spelled
out
in
statute
and,
if
applicable,
must
include
a
summary
explanation
of
the
authority
to
sell
alcohol,
a statement
that
a
beverage
dispensary
license
is
commonly
known
as
a “bar” and
a package
store
is
commonly
known
as
a “liquor
store.” (AS
04.11.491(c)
and
(d))
How
soon and how often can a new
petition be filed?
After
a
petition
is
certified,
another
petition
may
not
be
filed
until
the
question
is
voted
on
(AS
04.11.507(g)).
Also,
a
new
petition
may
not
be
filed
on
the
same
matter
sooner
than
six
months
after
a
petition
is
rejected
(AS
29.26.160),
nor
may
a
new
election
be
conducted
to
remove
a
local
option
or
change
to
a
less
restrictive
option
during
the
first
12
months
after
the
local
option
was
adopted
nor
more
than
once
in
an
18
month
period
(AS
04.11.507(f)).
Is
there a time limit after the
petition is certified for placing
the question on the ballot?
There
is
sometimes
confusion
about
the
extent
to
which
the
election
process
spelled
out
in
Title
29
applies
to
a
local
option
election.
The
portion
of
Title
4
(AS
04.11.507)
directing
how
a
local
option
election
is
conducted
in
a
municipality
simply
states
that AS
29.26.110 - 29.26.160
apply.
This
does
not
include AS
29.26.170,
which
requires
that
an
election
be
conducted
within
no
sooner
than
45
days
or,
if
no
regular
election
is
scheduled
within
75
days,
that
a
special
election
be
held
within
75
days.
Since
Title
4
doesn't
incorporate
that
part
of
Title
29,
the
timeline
spelled
out
in
local
ordinance
would
apply
(usually,
this
mimics
the
45/75
day
rule
found
in
T
29).
Does
a municipality have to pass a
local option in order to run
a municipal liquor store?
No. AS
04.11.505 provides
that a municipality must obtain
a license if a majority of the
voters vote to prohibit the sale
of alcohol except on premises
operated by the municipality;
however, subsection (b) states, ". nothing
in this section precludes a municipality
from applying to be a licensee
under other provisions of this
title."
What
is the procedure for holding
a local option election within
an established village?
AS
04.11.507(c)
directs
that
upon
receipt
of
a
petition
containing
signatures
of
35
percent
or
more
of
the
registered
voters
residing
within
an
established
village,
the
lieutenant
governor
will
place
on
a
separate
ballot
at
a
special
election
whichever
local
option
action
is
the
subject
of
the
petition.
In
the
case
of
an
established
village,
a
special
election
is
conducted
under
the
provisions
of
the
state's
election
statute
Title
15
and
administered
by
the
lieutenant
governor's
office.
The
process
begins
with
forming
a
committee
to
draft
the
language
to
appear
on
the
petition
application
submitted
to
the
lieutenant
governor's
office.
Once
the
petition
application
is
approved,
a
petition
is
prepared
by
the
state
and
given
to
the
sponsors
to
obtain
the
necessary
signatures
(35%
or
more
of
the
registered
voters
residing
within
an
established
village).
When
the
petition
is
returned
to
the
state
and
determined
sufficient,
Division
of
Elections
holds
an
election
and
the
question
is
put
to
the
voters
of
the
affected
area.
Contact
the
State
of
Alaska, Division
of
Elections
for
details
on
conducting
a
local
option
election
within
an
established
village.
What
is the procedure for changing
a local option?
The
same
procedure
used
to
enact
a
local
option
is
used
to
change
a
local
option.
A
local
option
cannot
be
removed
or
changed
to
a
less
restrictive
option
within
12
months
of
the
date
of
adoption,
nor
can
an
option
question
be
put
to
the
vote
more
than
once
in
an
18-month
period
(AS
04.11.507(f)).
Also,
a
new
petition
may
not
be
filed
on
the
same
matter
sooner
than
six
months
after
a
petition
is
rejected
(AS
29.26.160).
What
is the boundary of the area that
is subject to the local option?
Within
a
municipality,
the
municipality
has
jurisdiction
within
its
municipal
boundary
as
shown
on
the certificate
of
incorporation.
Within
an
established
village,
the
local
option
enacted
by
the
community
may
be
enforced
within
a
5-mile
radius
of
the
Post
Office
or,
if
there
is
no
Post
Office,
within
5-miles
of
a
point
designated
by
the
governing
body
or
ABC
Board
if
there
is
no
established
village
or
the
perimeter
does
not
accurately
reflect
the
boundary
of
the
established
village.
(AS
04.11.508)
When
does a local option or change
in local option go into effect?
There
are
different
effective
dates,
depending
on
what
local
option
activity
has
occurred
and
whether
there
are
licensed
premises
in
the
community.
Following
is
a synopsis:
- If
a
change
approved
by
the
voters
removes
a
local
option
previously
in
effect,
the
change
is
effective
the
first
day
of
the
month following certification of the election. (AS
04.11.495(a))
- If
the
local
option
imposes
a
ban
on sale, a ban on sale and
importation, or a ban on sale, importation, and possession, or a
ban on sale except by type of license listed on the ballot, in a
community in which licensed alcohol sales have previously
occurred, the license is void 90 days after certification of the
election (AS 04.11.497, AS 04.11.503 and AS 04.11.505)
- If
the
local
option
bans
importation,
the ban is effective on the
first day of the month following certification of the election,
with the exception of sacramental wine used for bona fide
religious purposes. (AS 04.11.499)
- If
the
local
option
bans
possession
of alcohol, and there are licensed premises in the community, the ban
is effective 90 days after certification
of the election.
If there are no licensed premises, the ban is effective 60
days after certification. (AS
04.11.501(b))
(In
the
case
of
adoption
of
a ban
on
possession,
AS
04.11.501 provides
that
upon
adoption
of
a local
option
banning
possession,
an
ordinance
is
adopted
containing
the
provisions
of
this
section
(AS
04.11.501).)
What
happens after a community adopts
a local option?
A
municipality
may
enact
ordinances
and
impose
fines
and
penalties
for
violation
of
its
local
option
and
maintain
law
enforcement
officials
to
enforce
these
ordinances. AS
04.21.010 authorizes
a
municipality
to
enact
ordinances
governing,
importation,
barter,
sale,
consumption,
and
possession
consistent
with
the
provisions
of
Title
4
and
clarifies
that
an
ordinance
is
not
inconsistent
if
it
limits:
the
monthly
amounts
that
may
be
imported,
the
percent
of
alcohol
that
a
beverage
may
contain,
and
the
type
of
container
that
may
be
possessed.
If
a local option is adopted, who
needs to be notified?
As
soon
as
the
election
is
certified,
the Alcohol
Beverage
Control
Board (ABCB)
must
be
notified
of
the
outcome
of
the
election.
In
the
case
of
a
municipality,
the
municipal
clerk
is
responsible
for
providing
this
notice
and
in
an
established
village,
the
Lieutenant
Governor's
office
provides
notice
to
the
ABCB.
The
ABCB
is
then
responsible
for
providing
notice
to
Department
of
Law,
Department
of
Public
Safety,
and
all
package
store
licensees
who
sell
in
response
to
a
written
solicitation.
The
local
governing
body
is
responsible
for
posting
notice
of
a
prohibition
in
a
central
location
in
the
community
(AS
04.11.509(a)).
NOTE:
Information
about
the
local
option
for
a
particular
community
should
always
be
posted
in
the
community
to
remind
community
members
and
visitors
what
the
rules
are.
The
local
governing
body
should
also
notify
local
air
carriers
and
other
transport/shipping
services
that
have
or
may
do
business
with
community
members.)
Can
a municipality impose a fine
for a violation of a local option
law?
Yes.
A
local
option
law
is
a
local
law
and
the
local
governing
body
may
impose
a
penalty
for
violation
of
its
law.
State
law AS
29.25.070
authorizes
a
governing
body
to
impose
a
penalty
for
a
violation
of
a
municipal
ordinance
and AS
04.21.010(b)
authorizes
a
municipality
to
adopt
an
ordinance
making
the
sale,
importation,
or
possession
of
alcoholic
beverages
a
misdemeanor
to
the
extent
prohibited
under
the
local
option.
See
the LOGON
chapter
on
Ordinances
and
the Local
Government
Handbook
Chapter
6, dealing
with
ordinances,
for
more
information.
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