Text: HF00499 Text: HF00501 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.47, Code 1997, is amended to read 1 2 as follows: 1 3 123.47 PERSONS UNDER THE AGE OF EIGHTEEN – 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, for beverage 1 14 or medicinal purposes or as administered to the person by 1 15 either a physician or dentist for medicinal purposes and 1 16 except to the extent that a person under the age of eighteen 1 17 may handle alcoholic beverages, wine, and beer during the 1 18 regular course of the person's employment by a liquor control 1 19 licensee, or wine or beer permittee under this chapter. A 1 20 person, other than a licensee or permittee, who violates this 1 21 section regarding the purchase,of orattempt to purchase, or 1 22 possession of alcoholic liquor, wine, or beer shall pay a 1 23twenty-fiveone hundred dollar penalty. 1 24 Sec. 2. Section 123.47A, subsection 1, Code 1997, is 1 25 amended to read as follows: 1 26 1. A person shall not sell, give, or otherwise supply 1 27 alcoholic liquor, wine, or beer to any person knowing or 1 28 having reasonable cause to believe that the person is age 1 29 eighteen, nineteen, or twenty. A person age eighteen, 1 30 nineteen, or twenty shall not purchase or possess alcoholic 1 31 liquor, wine, or beer. However, a person age eighteen, 1 32 nineteen, or twenty may possess alcoholic liquor, wine, or 1 33 beer given to the person within a private home with the 1 34 knowledge, presence, and consent of the person's parent or 1 35 guardian, or with the signed, written consent of the parent or 2 1 guardian specifying the date and place for the consumption and 2 2 displayed by the person upon demand, and a person age 2 3 eighteen, nineteen, or twenty may handle alcoholic liquor, 2 4 wine, and beer during the course of the person's employment by 2 5 a liquor control licensee, or wine or beer permittee. A 2 6 person, other than a licensee or permittee, who commits a 2 7 first offense under this section commits a scheduled violation 2 8 of section 805.8, subsection 10. A person, other than a 2 9 licensee or permittee, who commits a second or subsequent 2 10 violation of this section, commits a simple misdemeanor. A 2 11 licensee or permittee who violates this section with respect 2 12 to a person who is age nineteen or twenty is guilty of a 2 13 simple misdemeanor punishable by a fine of not more thanfifty2 14 one hundred dollars. The penalty provided under this section 2 15 against a licensee or permittee who violates this section with 2 16 respect to a person who is age nineteen or twenty is the only 2 17 penalty which shall be imposed against a licensee or permittee 2 18 who violates this section. A licensee or permittee who 2 19 violates this section with respect to a person who is age 2 20 eighteen commits a simple misdemeanor, and is subject to the 2 21 criminal and civil penalties provided pursuant to sections 2 22 123.49 and 123.50 with respect to selling, giving, or 2 23 otherwise supplying alcoholic beverages, liquor, wine, or beer 2 24 to persons under legal age. 2 25 Sec. 3. Section 123.50, subsection 4, Code 1997, is 2 26 amended to read as follows: 2 27 4. A person, other than a licensee or permittee or a 2 28 minor, who violates section 123.47 is guilty of a serious 2 29 misdemeanor punishable by aminimumfine of one hundred 2 30 dollars for a first offense, a minimum fine of two hundredand2 31 fifty dollars for a second offense, and a minimum fine of five 2 32 hundred dollars for a thirdandor subsequent offense, and a 2 33 maximum fine for any second or subsequent offense of not more 2 34 than one thousand dollars. 2 35 Sec. 4. Section 805.8, subsection 10, paragraph a, Code 3 1 1997, is amended to read as follows: 3 2 a. For violations of section 123.47A, which constitute 3 3 first offenses as provided in that section, the scheduled fine 3 4 isfifteenone hundred dollars. 3 5 EXPLANATION 3 6 This bill changes the penalties applicable to the purchase 3 7 or possession of alcohol by persons under the age of 21 and 3 8 the sale of alcohol to those same persons by others. The 3 9 current penalty for purchase of alcohol by persons under the 3 10 age of 18 is raised from $25 to $100. The penalty for 3 11 possession of alcohol by those same minors is also changed to 3 12 a $100 fine. The penalty applicable to first offense purchase 3 13 or possession of alcohol by a person who is 18, 19, or 20 is 3 14 also changed from a $15 scheduled fine to a $100 scheduled 3 15 fine. The criminal penalties applicable to persons, other 3 16 than licensees or permittees, who sell or give alcohol to 3 17 persons under the age of 21 are also changed to $100 fines for 3 18 a first offense. The second and subsequent offense penalties 3 19 are not changed. The fine applicable to a licensee or 3 20 permittee who sells alcohol to a person aged 19 or 20 is 3 21 raised from a $50 to a $100 fine. 3 22 LSB 1948HH 77 3 23 lh/jw/5
Text: HF00499 Text: HF00501 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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