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House Study Bill 581

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 123.47A, Code 1995, is amended to read
  1  2 as follows:
  1  3    123.47A  PERSONS AGE EIGHTEEN, NINETEEN, AND TWENTY &endash;
  1  4 PENALTY.
  1  5    1.  A person shall not sell, give, or otherwise supply
  1  6 alcoholic liquor, wine, or beer to any person knowing or
  1  7 having reasonable cause to believe that the person is age
  1  8 eighteen, nineteen, or twenty.
  1  9    2.  A person age eighteen, nineteen, or twenty shall not
  1 10 purchase or possess alcoholic liquor, wine, or beer.  However,
  1 11    3.  Notwithstanding the provisions of subsections 1 and 2,
  1 12 a person age eighteen, nineteen, or twenty may possess
  1 13 alcoholic liquor, wine, or beer given to the person within in
  1 14 the following situations:
  1 15    a.  In a private home with the knowledge, presence, and
  1 16 consent of the person's parent or guardian, or with the
  1 17 signed, written consent of the parent or guardian specifying
  1 18 the date and place for the consumption and displayed by the
  1 19 person upon demand, and a person age eighteen, nineteen, or
  1 20 twenty may handle alcoholic liquor, wine, and beer during.
  1 21    b.  In the course of the person's employment by a liquor
  1 22 control licensee, or wine or beer permittee.
  1 23    4.  a.  A person, other than a licensee or permittee, who
  1 24 commits a first an offense under this section commits a
  1 25 scheduled violation of section 805.8, subsection 10.  A
  1 26 person, other than a licensee or permittee, who commits a
  1 27 second or subsequent violation of this section, commits a
  1 28 simple misdemeanor.
  1 29    b.  A licensee or permittee who violates this section with
  1 30 respect to a person who is age nineteen or twenty is guilty of
  1 31 a simple misdemeanor punishable by a fine of not more than
  1 32 fifty dollars.  The penalty provided under this section
  1 33 against a licensee or permittee who violates this section with
  1 34 respect to a person who is age nineteen or twenty is the only
  1 35 penalty which shall be imposed against a licensee or permittee
  2  1 who violates this section.
  2  2    c.  A licensee or permittee who violates this section with
  2  3 respect to a person who is age eighteen commits a simple
  2  4 misdemeanor, and is subject to the criminal and civil
  2  5 penalties provided pursuant to sections 123.49 and 123.50 with
  2  6 respect to selling, giving, or otherwise supplying alcoholic
  2  7 beverages, liquor, wine, or beer to persons under legal age.
  2  8    2.  For the purpose of determining if a violation charged
  2  9 is a second or subsequent offense, a conviction or plea of
  2 10 guilty to a violation of this section shall be counted as a
  2 11 previous offense.
  2 12    Sec. 2.  Section 805.8, subsection 10, Code Supplement
  2 13 1995, is amended to read as follows:
  2 14    10.  ALCOHOLIC BEVERAGE VIOLATIONS.
  2 15    a.  For violations of section 123.47A, which constitute
  2 16 first offenses as provided in that section, the scheduled fine
  2 17 is fifteen dollars.
  2 18    b. a.  For violations of section 123.49, subsection 2,
  2 19 paragraph "h", the scheduled fine is one hundred dollars.
  2 20    c. b.  For violations of section 321.284, the scheduled
  2 21 fine is fifty dollars.  
  2 22                           EXPLANATION
  2 23    This bill eliminates the scheduled fine of $15 for a first
  2 24 violation of section 123.47A, regarding underage drinking, by
  2 25 a person other than a licensee or a permittee.  Section
  2 26 123.47A as amended provides that any violation by such a
  2 27 person would be classified as a simple misdemeanor.  The final
  2 28 subsection of section 123.47A is deleted, as the revised
  2 29 penalty structure no longer penalizes a second offense under
  2 30 the subsection differently than a first offense.
  2 31    In addition, this bill eliminates the maximum fine of $50
  2 32 for a licensee or permittee who violates this section, and
  2 33 provides that any violation by such a person is a simple
  2 34 misdemeanor.  
  2 35 LSB 3718XL 76
  3  1 jls/cf/24
     
Text: HSB00580                          Text: HSB00582
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