Senate File 2310 - Introduced SENATE FILE 2310 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2146) A BILL FOR An Act relating to the underage possession or consumption of 1 alcohol and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5618SV (2) 85 rh/nh

S.F. 2310 Section 1. Section 123.47, Code 2014, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. a. Except for the purposes described 3 in 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 knowingly permit any person, knowing or 6 having reasonable cause to believe the person to be under legal 7 age, to consume or possess on such property any alcoholic 8 liquor, wine, or beer. 9 b. A person who violates this subsection commits the 10 following: 11 (1) For a first offense, a simple misdemeanor punishable as 12 a scheduled violation under section 805.8C, subsection 7A. 13 (2) For a second or subsequent offense, a simple misdemeanor 14 punishable by a fine of five hundred dollars. 15 Sec. 2. Section 123.47, subsection 2, Code 2014, is amended 16 to read as follows: 17 2. A person or persons under legal age shall not purchase or 18 attempt to purchase, consume, or individually or jointly have 19 alcoholic liquor, wine, or beer in their possession or control; 20 except in the case of liquor, wine, or beer given or dispensed 21 to a person under legal age within a private home and with the 22 knowledge, presence, and consent of the 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 25 except to the extent that a person under legal age may handle 26 alcoholic beverages, wine, and beer during the regular course 27 of the person’s employment by a liquor control licensee, or 28 wine or beer permittee under this chapter . 29 Sec. 3. Section 123.47, subsection 3, paragraph a, 30 unnumbered paragraph 1, Code 2014, is amended to read as 31 follows: 32 A person who is eighteen, nineteen, or twenty years of 33 age, other than a licensee or permittee, who violates this 34 section regarding the purchase of , or attempt to purchase , or 35 -1- LSB 5618SV (2) 85 rh/nh 1/ 4

S.F. 2310 consumption of alcoholic liquor, wine, or beer, or possessing 1 or having control of alcoholic liquor, wine, or beer, commits 2 the following: 3 Sec. 4. Section 123.47B, Code 2014, is amended to read as 4 follows: 5 123.47B Parental and school notification —— persons under 6 eighteen years of age. 7 1. A peace officer shall make a reasonable effort to 8 identify a person under the age of eighteen discovered 9 consuming or to be in possession of alcoholic liquor, wine, or 10 beer in violation of section 123.47 and refer the person to 11 juvenile court. 12 2. The juvenile court officer shall notify the person’s 13 custodial parent, legal guardian, or custodian of the 14 violation. In addition, the juvenile court shall also make 15 a reasonable effort to identify the elementary or secondary 16 school which the person attends if the person is enrolled in 17 elementary or secondary school and to notify the superintendent 18 or the superintendent’s designee of the school which the person 19 attends, or the authorities in charge of the nonpublic school 20 which the person attends, of the consumption or possession. A 21 reasonable attempt to notify the person includes but is not 22 limited to a telephone call or notice by first-class mail. 23 Sec. 5. Section 232.52, subsection 2, paragraph a, 24 subparagraph (4), subparagraph division (a), subparagraph 25 subdivision (ii), Code 2014, is amended to read as follows: 26 (ii) Section 123.47 regarding the purchase , or attempt to 27 purchase , or consumption of alcoholic beverages. 28 Sec. 6. Section 232.52, subsection 2, paragraph a, 29 subparagraph (4), subparagraph division (a), subparagraph 30 subdivision (vi), Code 2014, is amended to read as follows: 31 (vi) Two or more violations of section 123.47 regarding the 32 consumption or possession of alcoholic beverages. 33 Sec. 7. Section 805.8C, Code 2014, is amended by adding the 34 following new subsection: 35 -2- LSB 5618SV (2) 85 rh/nh 2/ 4

S.F. 2310 NEW SUBSECTION . 7A. Unlicensed premises owner —— underage 1 consumption or possession. For first offense violations of 2 section 123.47, subsection 1A, the scheduled fine is two 3 hundred dollars. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to the underage possession or consumption 8 of alcohol and provides penalties. 9 Under the bill, a person who is the owner or lessee of, or 10 who otherwise has control over, property that is not a licensed 11 premises, shall not knowingly permit an under legal age person 12 to consume or possess an alcoholic beverage on such property. 13 The bill provides that a person who violates this provision 14 commits a simple misdemeanor for a first offense, punishable 15 as a scheduled violation with a fine of $200, and a simple 16 misdemeanor for a second or subsequent offense, punishable by a 17 $500 fine. 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 consumes alcoholic liquor, wine, or beer in violation of the 32 bill commits a simple misdemeanor punishable as a scheduled 33 violation under Code section 805.8C, subsection 7; for a second 34 offense a person commits a simple misdemeanor punishable by a 35 -3- LSB 5618SV (2) 85 rh/nh 3/ 4

S.F. 2310 fine of $500; and for a third or subsequent offense the person 1 commits a simple misdemeanor punishable by a fine of $500 and 2 suspension of the person’s motor vehicle operating privileges 3 for up to one year. 4 -4- LSB 5618SV (2) 85 rh/nh 4/ 4