General Assembly: 75 (1994 Regular GA) - Chapter 1105 - Alcoholic beverages — access and possession by underage persons


Published: 1994-04-25

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

213 ~_~-=L,--A-,--W,--"--S-,O,-,-F_T-=-H=E-,S:..=E=---:V-=E=N-=T=--=Y=---,,,-F-=cIF,,-T::..:H=--cG-=.A::..::..:..c." -,=-19,,-,9-=4,--,S=-=E=-:S,--,S-,=-IO-=-N=---~_~C=-:H=-. =11=-:0-=.5

and credited to the road use tax fund. Notwithstanding section 423.24, and prior to the credit- ing of revenues to the road use tax fund under section 423.24, subsection I, paragraph "d", the treasurer of state shall credit monthly from those revenues to the Iowa resources enhance- ment and protection fund created pursuant to section 455A.18, the amount of the special natural resources fees collected in the previous month for the natural resources plates.

d. Upon receipt of the special registration plates, the applicant shall surrender the current registration receipt and plates to the county treasurer. The county treasurer shall validate the special registration plates in the same manner as regular registration plates are validated under this section. The annual special natural resources fee for letter number designated plates is ten dollars which shall be paid in addition to the regular annual registration fee. The annual fee for personalized natural resources plates is five dollars which shall be paid in addition to the annual special natural resources fee and the regular annual registration fee. The annual special natural resources fee shall be credited as provided under paragraph "c".

Sec. 2. This Act takes effect on January I, 1995.

Approved April 25, 1994

CHAPTER 1105 ALCOHOLIC BEVERAGES - ACCESS AND POSSESSION BY UNDERAGE PERSONS

H.F.2146

AN ACT relating to access to, and the possession of, alcoholic beverages, and subjecting viola- tors to existing penalties.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 123.47, Code 1993, is amended to read as follows: 123.47 PERSONS UNDER THE AGE OF EIGHTEEN. A person shall not sell, give, or otherwise supply alcoholic liquor, wine, or beer to any per-

son knowing or having reasonable cause to believe that person to be under the age of eight- een, and a person or persons under the age of eighteen shall not individually or jointly have alcoholic liquor, wine, or beer in their possession or control; except in the case of liquor, wine, or beer given or dispensed to a person under the age of eighteen within a private home and with the knowledge! presence, and consent of the parent or guardian for beverage or medici- nal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under the age of eighteen may handle alco- holic beverages, wine, and beer during the regular course of the person's employment by a liquor control licensee, or wine or beer permittee under this chapter.

Sec. 2. Section 123.47 A, subsection I, Code 1993, is amended to read as follows: 1. A person shall not sell, give, or otherwise supply alcoholic liquor, wine, or beer to any

person knowing or having reasonable cause to believe that the person is age eighteen, nineteen, or twenty. A person age eighteen, nineteen, or twenty shall not purchase or possess alcoholic liquor, wine, or beer. However, a person age eighteen, nineteen, or twenty may possess alco- holic liquor, wine, or beer given to the person within a private home with the knowledge! presence, and consent of the person's parent or guardian, and a person age eighteen, nineteen, or twenty may handle alcoholic liquor, wine, and beer during the course of the person's employ- ment by a liquor control licensee, or wine or beer permittee. A person, other than a licensee or permittee, who commits a first offense under this section commits a scheduled violation of section 805.8, subsection 10. A person, other than a licensee or permittee, who commits a

CH. 1105 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 214

second or subsequent violation of this section, commits a simple misdemeanor. A licensee or permittee who violates this section with respect to a person who is age nineteen or twenty is guilty of a simple misdemeanor punishable by a fine of not more than fifty dollars. The penalty provided under this section against a licensee or permittee who violates this section with respect to a person who is age nineteen or twenty is the only penalty which shall be imposed against a licensee or permittee who violates this section. A licensee or permittee who violates this section with respect to a person who is age eighteen commits a simple misdemeanor, and is subject to the criminal and civil penalties provided pursuant to sections 123.49 and 123.50 with respect to selling, giving, or otherwise supplying alcoholic beverages, liquor, wine, or beer to persons under legal age.

Sec. 3. NEW SECTION. 123.47C SEIZURE OF FALSE OR ALTERED MOTOR VEHI- CLE LICENSE OR NONOPERATOR IDENTIFICATION CARD.

1. If a liquor control licensee or wine or beer permittee or an employee of the licensee or permittee has a reasonable belief based on factual evidence that a motor vehicle license as defined in section 321.1, subsection 43, or nonoperator identification card issued pursuant to section 321.190 offered by a person who wishes to purchase an alcoholic beverage at the licensed premises is altered or falsified or belongs to another person, the licensee, permittee, or employee may retain the motor vehicle license or nonoperator identification card. Within twenty-four hours, the card shall be delivered to the appropriate city or county law enforcement agency of the jurisdiction in which the licensed premises is located. When the card is delivered to the appropriate law enforcement agency, the licensee shall file a written report of the circum- stances under which the card was retained. The local law enforcement agency may investigate whether a violation of section 321.190, 321.216, or 321.216B has occurred. If an investigation is not initiated or a probable cause is not established by the local law enforcement agency, the motor vehicle license or nonoperator identification card shall be delivered to the person to whom it was issued. The local law enforcement agency may forward the card with the report to the department of transportation for investigation, in which case, the department may inves- tigate whether a violation of section 321.190, 321.216, or 321.216B has occurred. The depart- ment of transportation shall return the card to the person to whom it was issued if an investi- gation is not initiated or a probable cause is not established.

2. Upon taking possession of an identification card as provided in subsection I, a receipt for the card with the date and hour of seizure noted shall be provided to the person from whom the card was seized.

3. A liquor control licensee or wine or beer permittee or an employee of the licensee or per- mittee is not subject to criminal prosecution for, or to civil liability for damages alleged to have resulted from, the retention and delivery of a motor vehicle license or a nonoperator iden- tification card which is taken pursuant to subsections 1 and 2. This section shall not be con- strued to relieve a licensee, permittee, or employee of the licensee or permittee from civillia- bility for damages resulting from the use of unreasonable force in obtaining the altered or falsified motor vehicle license or identification card or the motor vehicle license or identifica- tion card believed to belong to another person.

Approved April 25, 1994