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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 beershall pay a1 23twenty-five dollar penaltycommits a scheduled violation of 1 24 section 805.8, subsection 10. Notwithstanding section 1 25 602.8106 or any other provision to the contrary, any fine paid 1 26 under this section shall be retained by the city or county 1 27 enforcing the violation. 1 28 Sec. 2. Section 123.47A, subsection 1, Code 1997, 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 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 attempt to purchase, purchase, 1 35 or possess alcoholic liquor, wine, or beer. However, a person 2 1 age eighteen, nineteen, or twenty may possess alcoholic 2 2 liquor, wine, or beer given to the person within a private 2 3 home with the knowledge, presence, and consent of the person's 2 4 parent or guardian, or with the signed, written consent of the 2 5 parent or guardian specifying the date and place for the 2 6 consumption and displayed by the person upon demand, and a 2 7 person age eighteen, nineteen, or twenty may handle alcoholic 2 8 liquor, wine, and beer during the course of the person's 2 9 employment by a liquor control licensee, or wine or beer 2 10 permittee. A person, other than a licensee or permittee, who 2 11commits a first offense underviolates this section with 2 12 respect to the attempt to purchase, purchase, or illegal 2 13 possession of an alcoholic beverage commits a scheduled 2 14 violation of section 805.8, subsection 10. A person, other 2 15 than a licensee or permittee who commits a first offense under 2 16 this section with respect to the sale, giving, or supply of an 2 17 alcoholic beverage, commits a scheduled violation of section 2 18 805.8, subsection 10. A person, other than a licensee or 2 19 permittee, who commits a second or subsequent violation of 2 20 this section with respect to the sale, giving, or supply of an 2 21 alcoholic beverage, commits a simple misdemeanor. A licensee 2 22 or permittee who violates this section with respect to a 2 23 person who is age nineteen or twenty is guilty of a simple 2 24 misdemeanor punishable by a fine of not more than fifty 2 25 dollars. The penalty provided under this section against a 2 26 licensee or permittee who violates this section with respect 2 27 to a person who is age nineteen or twenty is the only penalty 2 28 which shall be imposed against a licensee or permittee who 2 29 violates this section. A licensee or permittee who violates 2 30 this section with respect to a person who is age eighteen 2 31 commits a simple misdemeanor, and is subject to the criminal 2 32 and civil penalties provided pursuant to sections 123.49 and 2 33 123.50 with respect to selling, giving, or otherwise supplying 2 34 alcoholic beverages, liquor, wine, or beer to persons under 2 35 legal age. Notwithstanding section 602.8106 or any other 3 1 provision to the contrary, any fine paid under this section 3 2 shall be retained by the city or county enforcing the 3 3 violation. 3 4 Sec. 3. Section 725.7, Code 1997, is amended by adding the 3 5 following new subsection: 3 6 NEW SUBSECTION. 3. a. In addition to the scheduled fine 3 7 under section 805.8, subsection 10, for violations of section 3 8 123.47 or 123.47A with respect to the purchase, attempt to 3 9 purchase, or possession of an alcoholic beverage, the motor 3 10 vehicle license of the person for whom the violation is a 3 11 first offense, shall be suspended by the state department of 3 12 transportation for a period of sixty days or, if the person 3 13 does not possess a motor vehicle license, the person shall 3 14 perform fifty hours of court-ordered, unpaid, community 3 15 service. 3 16 (1) For a second offense, the motor vehicle license of the 3 17 person shall be suspended by the state department of 3 18 transportation for a period of sixty days, or the person shall 3 19 perform fifty hours of court-ordered, unpaid, community 3 20 service, or the person shall pay a civil penalty of two 3 21 hundred dollars. 3 22 (2) For a third or subsequent offense, the motor vehicle 3 23 license of the person shall be suspended by the state 3 24 department of transportation for a period of one year, or the 3 25 person shall perform one hundred hours of court-ordered, 3 26 unpaid, community service, or the person shall pay a civil 3 27 penalty of three hundred dollars. 3 28 b. The clerk of the district court shall forward a copy of 3 29 the order suspending the motor vehicle license of the person 3 30 to the state department of transportation. The state 3 31 department of transportation shall suspend the license of the 3 32 person for the period prescribed in the order. The state 3 33 department of transportation shall adopt rules for suspending 3 34 the motor vehicle licenses of such persons and for issuing 3 35 temporary restricted licenses under section 321.215, as if 4 1 such suspensions were ordered under chapter 321. 4 2 c. The state department of transportation shall, on 4 3 application, issue a temporary restricted license to a person 4 4 whose motor vehicle license is suspended under this subsection 4 5 allowing the person to drive to and from the person's home and 4 6 specified places at specified times which can be verified by 4 7 the department and which are required by the person's full- 4 8 time or part-time employment, continuing health care or the 4 9 continuing health care of another who is dependent upon the 4 10 person, continuing education while enrolled in an educational 4 11 institution on a part-time or full-time basis and while 4 12 pursuing a course of study leading to a diploma, degree, or 4 13 other certification of successful educational completion, 4 14 substance abuse treatment, or court-ordered community service 4 15 responsibilities. 4 16 d. A person for whom a motor vehicle license is suspended 4 17 under this subsection is not subject to chapter 321A and the 4 18 suspension shall not be grounds for determination of risk, 4 19 rates, or premiums in any policy of insurance issued to or for 4 20 the person. 4 21 e. The clerk of the district court shall attempt to notify 4 22 the parents or guardians of a person who has violated this 4 23 subsection of the violation and suspension. 4 24 f. Notwithstanding section 602.8106 or any other provision 4 25 to the contrary, any fine or civil penalty paid under this 4 26 subsection shall be retained by the city or county enforcing 4 27 the violation. 4 28 Sec. 4. Section 805.8, subsection 10, paragraph a, Code 4 29 1997, is amended to read as follows: 4 30 a. For violations of section 123.47A, which constitute 4 31 first offensesas provided in that sectionfor the sale, 4 32 giving, or supply of an alcoholic beverage, the scheduled fine 4 33 is fifteen dollars. 4 34 Sec. 5. Section 805.8, subsection 10, Code 1997, is 4 35 amended by adding the following new paragraph: 5 1 NEW PARAGRAPH. d. For violations of section 123.47 or 5 2 123.47A with respect to the purchase, attempt to purchase, or 5 3 possession of an alcoholic beverage, the scheduled fine is one 5 4 hundred dollars. 5 5 EXPLANATION 5 6 This bill provides that a person under 21 years of age who 5 7 attempts to purchase, purchases, or possesses an alcoholic 5 8 beverage commits a scheduled violation which is punishable by 5 9 a fine of $100. In addition, the court is required to suspend 5 10 the violator's motor vehicle license for 60 days or, if the 5 11 violator does not possess a motor vehicle license, to order 5 12 the violator to perform 50 hours of community service. For a 5 13 second offense, the license suspension or the hours of 5 14 community service remain the same, but an alternative civil 5 15 penalty of $200 is added. For a third or subsequent offense, 5 16 the license suspension is increased to one year, the community 5 17 service alternative is increased to 100 hours, and the civil 5 18 penalty alternative is increased to $300. 5 19 A fine paid in the enforcement of an under age purchase, 5 20 use, or possession of an alcoholic beverage shall be retained 5 21 by the city or county enforcing the violation. However, a 5 22 violator is entitled to receive a temporary restricted license 5 23 for certain specified school, employment, health care, and 5 24 community service purposes. 5 25 LSB 2094SV 77 5 26 tj/jw/5
Text: SF00513 Text: SF00515 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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