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On a summer evening in Alaska, it\u2019s not unusual to want a drink while enjoying some entertainment \u2014 a local musician, maybe a screening of a classic summer movie like \u201cThe Goonies\u201d or \u201cJaws.\u201d If you walk into a bar, you might be in luck. But until recently, if you walked into a brewery or winery, chances are you\u2019d be out of luck.<\/p>\n
Not because these venues don\u2019t want to host entertainment for customers, but because the state restricted them from doing so. Prior to 2024, breweries and wineries were prohibited from providing entertainment on their premises. A legislative rewrite of the alcohol code threw these businesses a few breadcrumbs: It allowed them to host up to four events per year. For each of those events, breweries and wineries had to first obtain a permit, which of course came with fees and discretionary approvals. Bars, on the other hand, did not face any such limits.<\/p>\n
This scheme was the heart of a lawsuit<\/a> brought by Zip Kombucha, Sweetgale Meadworks & Cider House and Grace Ridge Brewing against Alaska\u2019s Alcoholic Beverage Control authorities. Represented at no cost by the Pacific Legal Foundation, the businesses\u2019 claim was simple: The state created a two-tiered system of free speech and economic liberty, and breweries and wineries were stuck in the wrong tier.<\/p>\n Last month, a trial court sided with these businesses, ruling that the law unconstitutionally targeted breweries and wineries in order to protect their perceived competitors. The state will not appeal the decision.<\/p>\n Had the court ruled otherwise, breweries and wineries would essentially be prohibited from allowing live music, performances, TVs and dancing in the spaces where their products are consumed. Bars, on the other hand, faced none of these restrictions. Supposedly, the state\u2019s justification for this distinction was public health and safety but its rules didn\u2019t apply evenly. Instead, they singled out one category of business and burdened it with rules that don\u2019t exist for others.<\/p>\n Although the 2024 rewrite of the alcohol code increased the number of events breweries and wineries could hold \u2014 from zero to a whopping four \u2014 this wasn\u2019t a meaningful fix. It required a permission slip in the form of a Live Music and Entertainment Permit<\/a>. Each application cost money, had to be submitted days in advance and could be denied without explanation under a vague \u201cbest interests of the public\u201d standard. Worse, there was no clear path for judicial review if permission was denied.<\/p>\n Remember the townspeople in the movie \u201cFootloose\u201d who didn\u2019t let the kids dance? Town officials didn\u2019t want the kids to have fun because they believed it was dangerous; in Alaska, state officials didn\u2019t want brewery and winery customers to have fun lest they pull business away from bars.<\/p>\n