House Study Bill 221 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            PUBLIC SAFETY BILL BY
                                            CHAIRPERSON LYKAM)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to possession or consumption of an alcoholic
  2    beverage by an under legal age person on certain property.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2411HC 82
  5 jm/cf/24

PAG LIN



  1  1    Section 1.  Section 123.47, Code 2007, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  1A.  Except for the purposes described in
  1  4 subsection 2, a person who is the owner or lessee of, or who
  1  5 otherwise has control over, property that is not a licensed
  1  6 premises, shall not permit any person, knowing or having
  1  7 reasonable cause to believe the person to be under legal age,
  1  8 to consume or possess on such property any alcoholic liquor,
  1  9 wine, or beer.
  1 10    Sec. 2.  Section 123.47, subsection 3, paragraph a,
  1 11 unnumbered paragraph 1, Code 2007, is amended to read as
  1 12 follows:
  1 13    A person who is under legal age, other than a licensee or
  1 14 permittee, who violates this section regarding the purchase of
  1 15 or attempt to purchase alcoholic liquor, wine, or beer, or
  1 16 possessing or having control of alcoholic liquor, wine, or
  1 17 beer, or permits under legal age consumption or possession on
  1 18 certain property, commits the following:
  1 19    Sec. 3.  Section 123.47, subsection 4, Code 2007, is
  1 20 amended to read as follows:
  1 21    4.  Except as otherwise provided in subsections 5 and 6, a
  1 22 person who is of legal age, other than a licensee or
  1 23 permittee, who sells, gives, or otherwise supplies alcoholic
  1 24 liquor, wine, or beer to a person who is under legal age in
  1 25 violation of this section, or permits under legal age
  1 26 consumption or possession on certain property, commits a
  1 27 serious misdemeanor punishable by a minimum fine of five
  1 28 hundred dollars.
  1 29                           EXPLANATION
  1 30    This bill relates to possession or consumption of an
  1 31 alcoholic beverage by an under legal age person on certain
  1 32 property.
  1 33    Under the bill, a person who is the owner or lessee of, or
  1 34 who otherwise has control over, property that is not a
  1 35 licensed premises, shall not permit an under legal age person
  2  1 to consume or possess an alcoholic beverage on such property.
  2  2    The bill does not affect situations involving a person
  2  3 under legal age consuming or possessing an alcoholic beverage
  2  4 for a permitted purpose under Code section 123.47, subsection
  2  5 2.
  2  6    For a first offense, a person under legal age who permits
  2  7 under legal age consumption or possession in violation of the
  2  8 bill commits a simple misdemeanor punishable as a scheduled
  2  9 violation under Code section 805.8C, subsection 7; for a
  2 10 second offense a person commits a simple misdemeanor
  2 11 punishable by a fine of $500; and for a third or subsequent
  2 12 offense the person commits a simple misdemeanor punishable by
  2 13 a fine of $500 and suspension of the person's motor vehicle
  2 14 operating privileges for up to one year.
  2 15    A person of legal age who permits under legal age
  2 16 consumption or possession in violation of the bill commits a
  2 17 serious misdemeanor punishable by a minimum fine of $500.
  2 18 LSB 2411HC 82
  2 19 jm:nh/cf/24