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