(a) Each brewer, distiller, bottler, jobber, wholesaler, or manufacturer is primarily liable for the payment of the excise taxes on alcoholic beverages sold, and, except as provided under (h) of this section, shall furnish a good and sufficient surety bond of $25,000 payable to the department and approved by the Department of Law. If a wholesaler fails to pay the tax to the state, the wholesaler forfeits the bond and the wholesaler’s license shall be revoked. The department, in its discretion, may issue permits in place of bonds to resident holders of wholesale, malt beverage, and wine licenses doing business wholly in the state who pay the tax before shipment.
Terms Used In Alaska Statutes 43.60.040
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Lien: A claim against real or personal property in satisfaction of a debt.
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) Upon receipt of the bond and its subsequent approval, the department shall issue a license certificate authorizing the brewer, distiller, bottler, jobber, wholesaler, or manufacturer, liable for the payment of the tax, to sell alcoholic beverages in the state or to consign shipments of alcoholic beverages to the state. Except as provided under (h) of this section, it is unlawful for a brewer, distiller, bottler, jobber, wholesaler, or manufacturer to sell alcoholic beverages in the state or to consign shipments of alcoholic beverages into the state without first furnishing the required bond and obtaining the license certificate or permit from the department. The license certificate does not constitute permission to sell alcoholic beverages in the state or to consign them to the state without having complied with other requirements of state or federal law.(c) The retailer or buyer is secondarily liable for the taxes on alcoholic beverages that are sold to the retailer or buyer. The state has a lien upon the beverages, and may seize, confiscate, and sell them to satisfy the payment of the taxes and the costs of the proceedings, without regard to where or in whose possession the beverages are found. If the beverages are not found or not identifiable, the state may seize, confiscate, and sell an equal quantity of the same kind of beverage found in the possession of the retailer or other buyer to whom the beverages on which the taxes were not paid were sold.(d)[Repealed, Sec. 46 ch 113 SLA 1980.](e)[Repealed, Sec. 46 ch 113 SLA 1980.](f)[Repealed, Sec. 46 ch 113 SLA 1980.](g) A license issued under this section must include
(1) the name and address of the licensee;(2) the nature or type of alcoholic beverage business to be conducted; and(3) the year for which the license is issued.(h) The department may not require a brewer, distiller, bottler, jobber, wholesaler, or manufacturer who has timely filed monthly tax returns and paid monthly taxes to the department over the most recent three consecutive years to maintain a bond if the brewer, distiller, bottler, jobber, wholesaler, or manufacturer continues to remain in compliance with this chapter. The department shall notify the brewer, distiller, bottler, jobber, wholesaler, or manufacturer of any noncompliance that requires the brewer, distiller, bottler, jobber, wholesaler, or manufacturer to file a bond under (a) of this section. The brewer, distiller, bottler, jobber, wholesaler, or manufacturer shall, within 30 days after receiving the notice of noncompliance, file with the department a bond under (a) of this section.(i) In this section “person” includes an officer, agent, or employee of a corporation or a member, agent, or employee of a partnership, who, as officer, agent, employee, or member, is under duty to perform the act in respect to which the violation occurs.
