Text: HF00133 Text: HF00135 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.47, Code 1995, is amended to read 1 2 as follows: 1 3 123.47 PERSONS UNDER THE AGE OF EIGHTEEN &endash; PENALTY. 1 4 A person shall not sell, give, or otherwise supply 1 5 alcoholic liquor, wine, or beer to any person knowing or 1 6 having reasonable cause to believe that person to be under the 1 7 age of eighteen, and a person or persons under the age of 1 8 eighteen shall not purchase or attempt to purchase, or 1 9 individually or jointly have alcoholic liquor, wine, or beer 1 10 in their possession or control; except in the case of liquor, 1 11 wine, or beer given or dispensed to a person under the age of 1 12 eighteen within a private home and with the knowledge, 1 13 presence, and consent of the parent or guardian,or with the1 14signed, written consent of the parent or guardian specifying1 15the date and place for the consumption and displayed by the1 16person upon demand,for beverage or medicinal purposes or as 1 17 administered to the person by either a physician or dentist 1 18 for medicinal purposes and except to the extent that a person 1 19 under the age of eighteen may handle alcoholic beverages, 1 20 wine, and beer during the regular course of the person's 1 21 employment by a liquor control licensee, or wine or beer 1 22 permittee under this chapter. A person, other than a licensee 1 23 or permittee, who violates this section regarding the purchase 1 24 of or attempt to purchase alcoholic liquor, wine, or beer 1 25 shall pay a twenty-five dollar penalty. 1 26 Sec. 2. Section 123.47A, Code 1995, is amended to read as 1 27 follows: 1 28 123.47A PERSONS AGE EIGHTEEN, NINETEEN, AND TWENTY &endash; 1 29 PENALTY. 1 30 1. A person shall not sell, give, or otherwise supply 1 31 alcoholic liquor, wine, or beer to any person knowing or 1 32 having reasonable cause to believe that the person is age 1 33 eighteen, nineteen, or twenty. A person age eighteen, 1 34 nineteen, or twenty shall not purchase or possess alcoholic 1 35 liquor, wine, or beer. However, a person age eighteen, 2 1 nineteen, or twenty may possess alcoholic liquor, wine, or 2 2 beer given to the person within a private home with the 2 3 knowledge, presence, and consent of the person's parent or 2 4 guardian,or with the signed, written consent of the parent or2 5guardian specifying the date and place for the consumption and2 6displayed by the person upon demand,and a person age 2 7 eighteen, nineteen, or twenty may handle alcoholic liquor, 2 8 wine, and beer during the course of the person's employment by 2 9 a liquor control licensee, or wine or beer permittee. A 2 10 person, other than a licensee or permittee, who commits a 2 11 first offense under this section commits a scheduled violation 2 12 of section 805.8, subsection 10. A person, other than a 2 13 licensee or permittee, who commits a second or subsequent 2 14 violation of this section, commits a simple misdemeanor. A 2 15 licensee or permittee who violates this section with respect 2 16 to a person who is age nineteen or twenty is guilty of a 2 17 simple misdemeanor punishable by a fine of not more than fifty 2 18 dollars. The penalty provided under this section against a 2 19 licensee or permittee who violates this section with respect 2 20 to a person who is age nineteen or twenty is the only penalty 2 21 which shall be imposed against a licensee or permittee who 2 22 violates this section. A licensee or permittee who violates 2 23 this section with respect to a person who is age eighteen 2 24 commits a simple misdemeanor, and is subject to the criminal 2 25 and civil penalties provided pursuant to sections 123.49 and 2 26 123.50 with respect to selling, giving, or otherwise supplying 2 27 alcoholic beverages, liquor, wine, or beer to persons under 2 28 legal age. 2 29 2. For the purpose of determining if a violation charged 2 30 is a second or subsequent offense, a conviction or plea of 2 31 guilty to a violation of this section shall be counted as a 2 32 previous offense. 2 33 EXPLANATION 2 34 This bill provides that a person under age 21 may only 2 35 consume alcoholic beverages with the consent, and in the 3 1 presence, of the person's parent or guardian. The bill 3 2 deletes statutory language allowing consumption by a person 3 3 under age 21 with the written consent of the parent or 3 4 guardian. 3 5 LSB 1007YH 76 3 6 mk/sc/14.1
Text: HF00133 Text: HF00135 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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