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Senate Study Bill 113

Conference Committee Text

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.  The bill also eliminates a provision enacted
  3  2 in 1994 which allows a parent or guardian to provide written
  3  3 consent for a person under age 18 to consume alcoholic
  3  4 beverages if the consent specifies the date and place for the
  3  5 consumption.  
  3  6 LSB 2011SC 76
  3  7 mk/cf/24
     
Text: SSB00112                          Text: SSB00114
Text: SSB00100 - SSB00199               Text: SSB Index
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