Senate File 292 - Introduced SENATE FILE BY ANGELO (COMPANION TO LSB 2293HH BY BAUDLER) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to under legal age consumption or possession of 2 an alcoholic beverage on certain property, and providing 3 penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2293SS 82 6 jm/je/5 PAG LIN 1 1 Section 1. NEW SECTION. 123.47C UNDER LEGAL AGE 1 2 CONSUMPTION OR POSSESSION OF AN ALCOHOLIC BEVERAGE ON CERTAIN 1 3 REAL PROPERTY == PENALTY == LIABILITY. 1 4 1. As used in this section: 1 5 a. "Control" means any form of dominion including 1 6 ownership, tenancy, or other possessory right. 1 7 b. "Emergency responders" means the same as section 1 8 100B.21. 1 9 c. "Enforcement services" means the salaries and benefits 1 10 of emergency responders for the amount of time actually spent 1 11 responding to or remaining at a house party and administrative 1 12 costs attributable to the incident; the actual costs for 1 13 medical treatment for any injured emergency responder; and the 1 14 costs of repairing any damage to equipment or vehicles. 1 15 d. "House party" means a social gathering at a residence. 1 16 e. "Residence" means a hotel or motel room, home, yard, 1 17 apartment, condominium, or other dwelling unit, hall, or 1 18 meeting room. 1 19 2. A person who is in control of a residence that is not a 1 20 licensed premises, shall not knowingly permit a house party to 1 21 occur or continue to occur at the residence if a person who is 1 22 under legal age is consuming or possessing an alcoholic 1 23 beverage on such property. 1 24 3. The fact that a person having control of a residence is 1 25 present at the residence during the time a person under legal 1 26 age consumes or possesses an alcoholic beverage, shall be 1 27 considered prima facie evidence the person had knowledge the 1 28 person under legal age consumed or possessed an alcoholic 1 29 beverage on the property. 1 30 4. A person having control of a residence who violates 1 31 this section commits a simple misdemeanor punishable by a 1 32 scheduled fine under section 805.8C, subsection 8. 1 33 5. If a violation of this section occurs the person having 1 34 control of the residence shall be civilly liable for the cost 1 35 of providing enforcement services during a second or follow=up 2 1 response by emergency responders after a warning has been 2 2 given to the person in control of the residence. 2 3 6. The state or a political subdivision does not waive its 2 4 right to seek reimbursement of enforcement services if a 2 5 criminal prosecution arises out of a violation of this 2 6 section. 2 7 7. This section does not apply to circumstances described 2 8 in section 123.47, subsection 2. 2 9 Sec. 2. Section 805.8C, Code 2007, is amended by adding 2 10 the following new subsection: 2 11 NEW SUBSECTION. 8. ALCOHOLIC BEVERAGE VIOLATIONS BY 2 12 PERSONS IN CONTROL OF RESIDENCE. For violations of section 2 13 123.47C, the scheduled fine is two hundred dollars. 2 14 EXPLANATION 2 15 This bill relates to under legal age consumption or 2 16 possession of an alcoholic beverage on certain property. 2 17 The bill provides that a person who is in control of a 2 18 residence that is not a licensed premises shall not knowingly 2 19 permit an under legal age person to consume or possess an 2 20 alcoholic beverage on such property. 2 21 Under the bill, a person having control of a residence who 2 22 is present at the residence during the time a person under 2 23 legal age consumes or possesses an alcoholic beverage is prima 2 24 facie evidence the person had knowledge the under legal age 2 25 person consumed or possessed an alcoholic beverage on the 2 26 property. 2 27 The bill defines "control" to mean any form of dominion 2 28 including ownership, tenancy, or other possessory right. 2 29 The bill defines "residence" to mean a hotel or motel room, 2 30 home, yard, apartment, condominium, or other dwelling unit, 2 31 hall, or meeting room. 2 32 A person having control of a residence who violates the 2 33 bill commits a simple misdemeanor punishable by a scheduled 2 34 fine in the amount of $200. 2 35 In addition, if a violation of the bill occurs the person 3 1 having control of the residence shall be civilly liable for 3 2 the cost of providing enforcement services during a second or 3 3 follow=up response by emergency responders after a warning has 3 4 been given to the person in control of the residence. 3 5 The bill defines "enforcement services" to mean the 3 6 salaries and benefits of emergency responders for the amount 3 7 of time actually spent responding to or remaining at a 3 8 residence and administrative costs attributable to the 3 9 incident, the actual costs for medical treatment for any 3 10 injured emergency responder, and the costs of repairing any 3 11 damage to equipment or vehicles. 3 12 The bill does not apply to the following situations 3 13 described in Code section 123.47, subsection 2: an alcoholic 3 14 beverage dispensed in a private home to a person under legal 3 15 age with the presence and consent of the parent; an alcoholic 3 16 beverage dispensed for medical purposes; and an alcoholic 3 17 beverage possessed during the regular course of employment. 3 18 LSB 2293SS 82 3 19 jm:nh/je/5