House File 747 - Introduced
HOUSE FILE
BY BAUDLER and UPMEYER
(COMPANION TO LSB 2293SS
BY ANGELO)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to under legal age consumption or possession of
2 an alcoholic beverage on certain property, and providing
3 penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2293HH 82
6 jm/je/5
PAG LIN
1 1 Section 1. NEW SECTION. 123.47C UNDER LEGAL AGE
1 2 CONSUMPTION OR POSSESSION OF AN ALCOHOLIC BEVERAGE ON CERTAIN
1 3 REAL PROPERTY == PENALTY == LIABILITY.
1 4 1. As used in this section:
1 5 a. "Control" means any form of dominion including
1 6 ownership, tenancy, or other possessory right.
1 7 b. "Emergency responders" means the same as section
1 8 100B.21.
1 9 c. "Enforcement services" means the salaries and benefits
1 10 of emergency responders for the amount of time actually spent
1 11 responding to or remaining at a house party and administrative
1 12 costs attributable to the incident; the actual costs for
1 13 medical treatment for any injured emergency responder; and the
1 14 costs of repairing any damage to equipment or vehicles.
1 15 d. "House party" means a social gathering at a residence.
1 16 e. "Residence" means a hotel or motel room, home, yard,
1 17 apartment, condominium, or other dwelling unit, hall, or
1 18 meeting room.
1 19 2. A person who is in control of a residence that is not a
1 20 licensed premises, shall not knowingly permit a house party to
1 21 occur or continue to occur at the residence if a person who is
1 22 under legal age is consuming or possessing an alcoholic
1 23 beverage on such property.
1 24 3. The fact that a person having control of a residence is
1 25 present at the residence during the time a person under legal
1 26 age consumes or possesses an alcoholic beverage, shall be
1 27 considered prima facie evidence the person had knowledge the
1 28 person under legal age consumed or possessed an alcoholic
1 29 beverage on the property.
1 30 4. A person having control of a residence who violates
1 31 this section commits a simple misdemeanor punishable by a
1 32 scheduled fine under section 805.8C, subsection 8.
1 33 5. If a violation of this section occurs the person having
1 34 control of the residence shall be civilly liable for the cost
1 35 of providing enforcement services during a second or follow=up
2 1 response by emergency responders after a warning has been
2 2 given to the person in control of the residence.
2 3 6. The state or a political subdivision does not waive its
2 4 right to seek reimbursement of enforcement services if a
2 5 criminal prosecution arises out of a violation of this
2 6 section.
2 7 7. This section does not apply to circumstances described
2 8 in section 123.47, subsection 2.
2 9 Sec. 2. Section 805.8C, Code 2007, is amended by adding
2 10 the following new subsection:
2 11 NEW SUBSECTION. 8. ALCOHOLIC BEVERAGE VIOLATIONS BY
2 12 PERSONS IN CONTROL OF RESIDENCE. For violations of section
2 13 123.47C, the scheduled fine is two hundred dollars.
2 14 EXPLANATION
2 15 This bill relates to under legal age consumption or
2 16 possession of an alcoholic beverage on certain property.
2 17 The bill provides that a person who is in control of a
2 18 residence that is not a licensed premises shall not knowingly
2 19 permit an under legal age person to consume or possess an
2 20 alcoholic beverage on such property.
2 21 Under the bill, a person having control of a residence who
2 22 is present at the residence during the time a person under
2 23 legal age consumes or possesses an alcoholic beverage is prima
2 24 facie evidence the person had knowledge the under legal age
2 25 person consumed or possessed an alcoholic beverage on the
2 26 property.
2 27 The bill defines "control" to mean any form of dominion
2 28 including ownership, tenancy, or other possessory right.
2 29 The bill defines "residence" to mean a hotel or motel room,
2 30 home, yard, apartment, condominium, or other dwelling unit,
2 31 hall, or meeting room.
2 32 A person having control of a residence who violates the
2 33 bill commits a simple misdemeanor punishable by a scheduled
2 34 fine in the amount of $200.
2 35 In addition, if a violation of the bill occurs the person
3 1 having control of the residence shall be civilly liable for
3 2 the cost of providing enforcement services during a second or
3 3 follow=up response by emergency responders after a warning has
3 4 been given to the person in control of the residence.
3 5 The bill defines "enforcement services" to mean the
3 6 salaries and benefits of emergency responders for the amount
3 7 of time actually spent responding to or remaining at a
3 8 residence and administrative costs attributable to the
3 9 incident, the actual costs for medical treatment for any
3 10 injured emergency responder, and the costs of repairing any
3 11 damage to equipment or vehicles.
3 12 The bill does not apply to the following situations
3 13 described in Code section 123.47, subsection 2: an alcoholic
3 14 beverage dispensed in a private home to a person under legal
3 15 age with the presence and consent of the parent; an alcoholic
3 16 beverage dispensed for medical purposes; and an alcoholic
3 17 beverage possessed during the regular course of employment.
3 18 LSB 2293HH 82
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