§281-101.5  Prohibitions involving minors;penalty.  (a)  Any adult who provides or purchases liquor for consumptionor use by a person under twenty-one years of age shall be guilty of the offenseunder section 712‑1250.5.

(b)  No minor shall consume or purchase liquorand no minor shall consume or have liquor in the minor's possession or custodyin any public place, public gathering, or public amusement, at any public beachor public park, or in any motor vehicle on a public highway; provided that notwithstandingany other law to the contrary, this subsection shall not apply to:

(1)  Possession or custody of liquor by a minor in thecourse of delivery, pursuant to the direction of the minor's employer lawfullyengaged in business necessitating the delivery;

(2)  Possession, custody, or consumption of liquor bya minor in connection with the minor's authorized participation in religiousceremonies requiring such possession, custody, or consumption; or

(3)  Any person between the ages of eighteen andtwenty, who is participating in a controlled purchase as part of a lawenforcement activity or a study authorized by the department of health todetermine the level of incidence of liquor sales to minors.

(c)  No minor shall falsify any identificationor use any false identification or identification of another person or of afictitious person for the purpose of buying or attempting to buy liquor or forthe purpose of obtaining employment to sell or serve liquor on licensedpremises.

(d)  Any person under age eighteen who violatesthis section shall be subject to the jurisdiction of the family court.  Anyperson age eighteen to twenty-one who violates subsection (b) or (c) shall beguilty of a petty misdemeanor.  The court shall order that any person undertwenty-one years of age found to be in violation of this section shall have, inaddition to any other disposition or sentencing provision permitted by law, theperson's license to operate a motor vehicle, or the person's ability to obtaina license to operate a motor vehicle, suspended as follows:

(1)  For licensed drivers, the driver's license shallbe suspended for not less than one hundred and eighty days with exceptions toallow, at the discretion of the sentencing court, driving to and from school,school-sponsored activities, and employment;

(2)  For persons with a provisional license, theprovisional license shall be suspended for not less than one hundred and eightydays with exceptions to allow, at the discretion of the sentencing court,driving to and from school, school-sponsored activities, and employment;

(3)  For persons with an instruction permit, theinstruction permit shall be suspended for not less than one hundred and eightydays with exceptions to allow, at the discretion of the sentencing court,driving to and from school, school-sponsored activities, and employment; or

(4)  For persons not licensed to drive, eligibility toobtain a driver's license, provisional license, or instruction permit shall besuspended until the age of seventeen or for one hundred and eighty days, at thediscretion of the court; and

(5)  Chapter 571 notwithstanding, in any case where aperson under the age of eighteen violates this section, the family court judgemay suspend the driver's license, provisional license, or instruction permit,or suspend the eligibility to obtain a driver's license, provisional license,or instruction permit in accordance with this section;

provided that the requirement to provide proof offinancial responsibility pursuant to section 287-20 shall not be based upon asentence imposed under paragraphs (1) and (2).  In addition, all personswhether or not licensed, found to be in violation of this section shall besentenced to seventy-five hours of community service work, and an eight totwelve hour program of alcohol education and counseling the costs of whichshall be borne by the offender or the offender's parent or guardian.

(e)  As used in this section,"consume" or "consumption" includes the ingestion ofliquor. [L 1971, c 79, §1; gen ch 1985; am L 1987, c 207, §1; am L 1999, c 228,§1; am L 2003, c 69, §2; am L 2006, c 202, §2 and c 203, §1]

 

Cross References

 

  Sale of confectionery with alcohol to minor, see §328-6.