Text: HSB00257 Text: HSB00259 Text: HSB00200 - HSB00299 Text: HSB 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, or knowingly permit or
1 6 allow the consumption on the person's property or premises of
1 7 alcoholic liquor, wine, or beer by any person knowing or
1 8 having reasonable cause to believe that person to be under the
1 9 age of eighteen, and a person or persons under the age of
1 10 eighteen shall not purchase or attempt to purchase, or
1 11 individually or jointly have alcoholic liquor, wine, or beer
1 12 in their possession or control; except in the case of liquor,
1 13 wine, or beer given or dispensed to a person under the age of
1 14 eighteen within a private home and with the knowledge,
1 15 presence, and consent of the parent or guardian, or with the
1 16 signed, written consent of the parent or guardian specifying
1 17 the date and place for the consumption and displayed by the
1 18 person upon demand, for beverage or medicinal purposes or as
1 19 administered to the person by either a physician or dentist
1 20 for medicinal purposes and except to the extent that a person
1 21 under the age of eighteen may handle alcoholic beverages,
1 22 wine, and beer during the regular course of the person's
1 23 employment by a liquor control licensee, or wine or beer
1 24 permittee under this chapter. A person, other than a licensee
1 25 or permittee, who violates this section regarding the purchase
1 26 of or attempt to purchase alcoholic liquor, wine, or beer
1 27 shall pay a twenty-five dollar penalty.
1 28 Sec. 2. Section 123.47A, subsection 1, Code 1995, is
1 29 amended to read as follows:
1 30 1. A person shall not sell, give, or otherwise supply
1 31 alcoholic liquor, wine, or beer to, or knowingly permit or
1 32 allow the consumption on the person's property or premises of
1 33 alcoholic liquor, wine, or beer by any person knowing or
1 34 having reasonable cause to believe that the person is age
1 35 eighteen, nineteen, or twenty. A person age eighteen,
2 1 nineteen, or twenty shall not purchase or possess alcoholic
2 2 liquor, wine, or beer. However, a person age eighteen,
2 3 nineteen, or twenty may possess alcoholic liquor, wine, or
2 4 beer given to the person within a private home with the
2 5 knowledge, presence, and consent of the person's parent or
2 6 guardian, or with the signed, written consent of the parent or
2 7 guardian specifying the date and place for the consumption and
2 8 displayed by the person upon demand, and a person age
2 9 eighteen, nineteen, or twenty may handle alcoholic liquor,
2 10 wine, and beer during the course of the person's employment by
2 11 a liquor control licensee, or wine or beer permittee. A
2 12 person, other than a licensee or permittee, who commits a
2 13 first offense under this section commits a scheduled violation
2 14 of section 805.8, subsection 10. A person, other than a
2 15 licensee or permittee, who commits a second or subsequent
2 16 violation of this section, commits a simple misdemeanor. A
2 17 licensee or permittee who violates this section with respect
2 18 to a person who is age nineteen or twenty is guilty of a
2 19 simple misdemeanor punishable by a fine of not more than fifty
2 20 dollars. The penalty provided under this section against a
2 21 licensee or permittee who violates this section with respect
2 22 to a person who is age nineteen or twenty is the only penalty
2 23 which shall be imposed against a licensee or permittee who
2 24 violates this section. A licensee or permittee who violates
2 25 this section with respect to a person who is age eighteen
2 26 commits a simple misdemeanor, and is subject to the criminal
2 27 and civil penalties provided pursuant to sections 123.49 and
2 28 123.50 with respect to selling, giving, or otherwise supplying
2 29 alcoholic beverages, liquor, wine, or beer to persons under
2 30 legal age.
2 31 EXPLANATION
2 32 This bill adds knowingly permitting another person who is
2 33 under legal drinking age to consume alcoholic beverages on a
2 34 person's property or premises to the prohibition of selling,
2 35 giving, or otherwise supplying alcoholic beverages to a person
3 1 who is underage.
3 2 LSB 1706HC 76
3 3 mk/cf/24
Text: HSB00257 Text: HSB00259 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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