H.F. 234 Section 1. Section 123.47, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. Except for the purposes described in 3 subsection 2, a person who is the owner or lessee of, or who 4 otherwise has control over, property that is not a licensed 5 premises, shall not permit any person, knowing or having 6 reasonable cause to believe the person to be under legal age, 7 to consume or possess on such property any alcoholic liquor, 8 wine, or beer. 9 Sec. 2. Section 123.47, subsection 2, Code 2013, is amended 10 to read as follows: 11 2. A person or persons under legal age shall not purchase or 12 attempt to purchase, consume, or individually or jointly have 13 alcoholic liquor, wine, or beer in their possession or control; 14 except in the case of liquor, wine, or beer given or dispensed 15 to a person under legal age within a private home and with the 16 knowledge, presence, and consent of the parent or guardian, for 17 beverage or medicinal purposes or as administered to the person 18 by either a physician or dentist for medicinal purposes and 19 except to the extent that a person under legal age may handle 20 alcoholic beverages, wine, and beer during the regular course 21 of the person’s employment by a liquor control licensee, or 22 wine or beer permittee under this chapter . 23 Sec. 3. Section 123.47, subsection 3, paragraph a, 24 unnumbered paragraph 1, Code 2013, is amended to read as 25 follows: 26 A person who is eighteen, nineteen, or twenty years of 27 age, other than a licensee or permittee, who violates this 28 section regarding the purchase of , or attempt to purchase , or 29 consumption of alcoholic liquor, wine, or beer, or possessing 30 or having control of alcoholic liquor, wine, or beer, or 31 permitting under legal age consumption or possession on certain 32 property commits the following: 33 Sec. 4. Section 123.47, subsection 3, paragraph a, 34 subparagraph (1), Code 2013, is amended to read as follows: 35 -1- LSB 1409YH (2) 85 rh/nh 1/ 4

H.F. 234 (1) A simple misdemeanor punishable as a scheduled 1 violation under section 805.8C, subsection 7 . Notwithstanding 2 section 903.1, the court, in lieu of ordering payment of a 3 scheduled fine, may suspend the fine and order the person who 4 is eighteen, nineteen, or twenty years of age to receive a 5 substance abuse evaluation by a program licensed to provide 6 services pursuant to section 125.13. 7 Sec. 5. Section 123.47, subsection 4, Code 2013, is amended 8 to read as follows: 9 4. Except as otherwise provided in subsections 5 and 6 , a 10 person who is of legal age, other than a licensee or permittee, 11 who sells, gives, or otherwise supplies alcoholic liquor, wine, 12 or beer to a person who is under legal age in violation of this 13 section , or permits under legal age consumption or possession 14 on certain property, commits a serious misdemeanor punishable 15 by a minimum fine of five hundred dollars. 16 Sec. 6. Section 123.47B, Code 2013, is amended to read as 17 follows: 18 123.47B Parental and school notification —— persons under 19 eighteen years of age. 20 1. A peace officer shall make a reasonable effort to 21 identify a person under the age of eighteen discovered 22 consuming or to be in possession of alcoholic liquor, wine, or 23 beer in violation of section 123.47 and refer the person to 24 juvenile court. 25 2. The juvenile court officer shall notify the person’s 26 custodial parent, legal guardian, or custodian of the 27 violation. In addition, the juvenile court shall also make 28 a reasonable effort to identify the elementary or secondary 29 school which the person attends if the person is enrolled in 30 elementary or secondary school and to notify the superintendent 31 or the superintendent’s designee of the school which the person 32 attends, or the authorities in charge of the nonpublic school 33 which the person attends, of the consumption or possession. A 34 reasonable attempt to notify the person includes but is not 35 -2- LSB 1409YH (2) 85 rh/nh 2/ 4

H.F. 234 limited to a telephone call or notice by first-class mail. 1 Sec. 7. Section 232.52, subsection 2, paragraph a, 2 subparagraph (4), subparagraph division (a), subparagraph 3 subdivision (ii), Code 2013, is amended to read as follows: 4 (ii) Section 123.47 regarding the purchase , or attempt to 5 purchase , or consumption of alcoholic beverages. 6 Sec. 8. Section 232.52, subsection 2, paragraph a, 7 subparagraph (4), subparagraph division (a), subparagraph 8 subdivision (vi), Code 2013, is amended to read as follows: 9 (vi) Two or more violations of section 123.47 regarding the 10 consumption or possession of alcoholic beverages. 11 EXPLANATION 12 This bill relates to the underage possession or consumption 13 of alcohol and provides penalties. 14 Under the bill, a person who is the owner or lessee of, or 15 who otherwise has control over, property that is not a licensed 16 premises, shall not permit an under legal age person to consume 17 or possess an alcoholic beverage on such property. 18 The bill amends Code section 123.47 to specify that a person 19 under legal age (under 21) in Iowa is prohibited from consuming 20 alcoholic liquor, wine, or beer, subject to certain exceptions 21 (if consumed in a private home with the knowledge, presence, 22 and consent of the underage person’s parent or guardian, for 23 beverage or medicinal purposes or as administered to the person 24 by either a physician or dentist for medicinal purposes, and to 25 the extent that a person under legal age may handle alcoholic 26 beverages, wine, and beer during the regular course of the 27 person’s employment by a liquor control licensee, or wine 28 or beer permittee under Code chapter 123). The bill makes 29 conforming changes. 30 For a first offense, a person who is 18, 19, or 20 who 31 permits under legal age consumption or possession in violation 32 of the bill commits a simple misdemeanor punishable as a 33 scheduled violation under Code section 805.8C, subsection 7; 34 for a second offense a person commits a simple misdemeanor 35 -3- LSB 1409YH (2) 85 rh/nh 3/ 4

H.F. 234 punishable by a fine of $500; and for a third or subsequent 1 offense the person commits a simple misdemeanor punishable by 2 a fine of $500 and suspension of the person’s motor vehicle 3 operating privileges for up to one year. 4 The court, for a first offense by a person who is 18, 19, 5 or 20, may suspend the payment of a scheduled fine and order 6 the person who is 18, 19, or 20 to receive a substance abuse 7 evaluation by a program licensed to provide services pursuant 8 to Code section 125.13. 9 A person of legal age who permits under legal age consumption 10 or possession in violation of the bill commits a serious 11 misdemeanor punishable by a minimum fine of $500. 12 -4- LSB 1409YH (2) 85 rh/nh 4/ 4