Text: SSB00218 Text: SSB00220 Text: SSB00200 - SSB00299 Text: SSB 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 beershall pay a1 23twenty-five dollar penaltycommits a scheduled violation of 1 24 section 805.8, subsection 10. 1 25 Sec. 2. Section 123.47A, subsection 1, Code 1997, is 1 26 amended to read as follows: 1 27 1. A person shall not sell, give, or otherwise supply 1 28 alcoholic liquor, wine, or beer to any person knowing or 1 29 having reasonable cause to believe that the person is age 1 30 eighteen, nineteen, or twenty. A person age eighteen, 1 31 nineteen, or twenty shall not attempt to purchase, purchase, 1 32 or possess alcoholic liquor, wine, or beer. However, a person 1 33 age eighteen, nineteen, or twenty may possess alcoholic 1 34 liquor, wine, or beer given to the person within a private 1 35 home with the knowledge, presence, and consent of the person's 2 1 parent or guardian, or with the signed, written consent of the 2 2 parent or guardian specifying the date and place for the 2 3 consumption and displayed by the person upon demand, and a 2 4 person age eighteen, nineteen, or twenty may handle alcoholic 2 5 liquor, wine, and beer during the course of the person's 2 6 employment by a liquor control licensee, or wine or beer 2 7 permittee. A person, other than a licensee or permittee, who 2 8commits a first offense underviolates this section with 2 9 respect to the attempt to purchase, purchase, or possession of 2 10 an alcoholic beverage commits a scheduled violation of section 2 11 805.8, subsection 10. A person, other than a licensee or 2 12 permittee who commits a first offense under this section with 2 13 respect to the sale, giving, or supply of an alcoholic 2 14 beverage, commits a scheduled violation of section 805.8, 2 15 subsection 10. A person, other than a licensee or permittee, 2 16 who commits a second or subsequent violation of this section 2 17 with respect to the sale, giving, or supply of an alcoholic 2 18 license, commits a simple misdemeanor. A licensee or 2 19 permittee who violates this section with respect to a person 2 20 who is age nineteen or twenty is guilty of a simple 2 21 misdemeanor punishable by a fine of not more than fifty 2 22 dollars. The penalty provided under this section against a 2 23 licensee or permittee who violates this section with respect 2 24 to a person who is age nineteen or twenty is the only penalty 2 25 which shall be imposed against a licensee or permittee who 2 26 violates this section. A licensee or permittee who violates 2 27 this section with respect to a person who is age eighteen 2 28 commits a simple misdemeanor, and is subject to the criminal 2 29 and civil penalties provided pursuant to sections 123.49 and 2 30 123.50 with respect to selling, giving, or otherwise supplying 2 31 alcoholic beverages, liquor, wine, or beer to persons under 2 32 legal age. 2 33 Sec. 3. Section 725.7, Code 1997, is amended by adding the 2 34 following new subsection: 2 35 NEW SUBSECTION. 3. a. In addition to the scheduled fine 3 1 under section 805.8, subsection 13, for violations of section 3 2 123.47 or 123.47A with respect to the purchase, attempt to 3 3 purchase, or possession of an alcoholic beverage, the motor 3 4 vehicle license of the person shall be suspended by the state 3 5 department of transportation for a period of sixty days or, if 3 6 the person does not possess a motor vehicle license, the 3 7 person shall perform fifty hours of court-ordered, unpaid, 3 8 community service. 3 9 b. The clerk of the district court shall forward a copy of 3 10 the order suspending the motor vehicle license of the person 3 11 to the state department of transportation. The state 3 12 department of transportation shall suspend the license of the 3 13 person for the period prescribed in the order. The state 3 14 department of transportation shall adopt by rules for 3 15 suspending the motor vehicle licenses of such persons and for 3 16 issuing temporary restricted licenses under section 321.215, 3 17 as if such suspensions were ordered under chapter 321. 3 18 c. The state department of transportation shall, on 3 19 application, issue a temporary restricted license to a person 3 20 whose motor vehicle license is suspended under this subsection 3 21 allowing the person to drive to and from the person's home and 3 22 specified places at specified times which can be verified by 3 23 the department and which are required by the person's full- 3 24 time or part-time employment, continuing health care or the 3 25 continuing health care of another who is dependent upon the 3 26 person, continuing education while enrolled in an educational 3 27 institution on a part-time or full-time basis and while 3 28 pursuing a course of study leading to a diploma, degree, or 3 29 other certification of successful educational completion, 3 30 substance abuse treatment, or court-ordered community service 3 31 responsibilities. 3 32 d. A person for whom a motor vehicle license is suspended 3 33 under this subsection is not subject to chapter 321A and the 3 34 suspension shall not be grounds for determination of risk, 3 35 rates, or premiums in any policy of insurance issued to or for 4 1 the person. 4 2 e. The clerk of the district court shall attempt to notify 4 3 the parents or guardians of a person who has violated this 4 4 subsection of the violation and suspension. 4 5 Sec. 4. Section 805.8, subsection 10, paragraph a, Code 4 6 1997, is amended to read as follows: 4 7 a. For violations of section 123.47A, which constitute 4 8 first offensesas provided in that sectionfor the sale, 4 9 giving, or supply of an alcoholic beverage, the scheduled fine 4 10 is fifteen dollars. 4 11 Sec. 5. Section 805.8, subsection 10, Code 1997, is 4 12 amended by adding the following new paragraph: 4 13 NEW PARAGRAPH. d. For violations of section 123.47 or 4 14 123.47A with respect to the purchase, attempt to purchase, or 4 15 possession of an alcoholic beverage, the scheduled fine is one 4 16 hundred dollars. 4 17 EXPLANATION 4 18 This bill provides that a person under 21 years of age who 4 19 attempts to purchase, purchases, or possesses an alcoholic 4 20 beverage commits a scheduled violation which is punishable by 4 21 a fine of $100. In addition, the court is required to suspend 4 22 the violator's motor vehicle license for 60 days or, if the 4 23 violator does not possess a motor vehicle license, to order 4 24 the violator to perform 50 hours of community service. 4 25 However, a violator is entitled to receive a temporary 4 26 restricted license for certain specified school, employment, 4 27 health care, and community service purposes. 4 28 LSB 2094SC 77 4 29 tj/jw/5.1
Text: SSB00218 Text: SSB00220 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Mar 6 03:41:47 CST 1997
URL: /DOCS/GA/77GA/Legislation/SSB/00200/SSB00219/970305.html
jhf