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



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



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



(2)  Possession, custody, or consumption of liquor by
a minor in connection with the minor's authorized participation in religious
ceremonies requiring such possession, custody, or consumption; or



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



(c)  No minor shall falsify any identification
or use any false identification or identification of another person or of a
fictitious person for the purpose of buying or attempting to buy liquor or for
the purpose of obtaining employment to sell or serve liquor on licensed
premises.



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



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



(2)  For persons with a provisional license, the
provisional license shall be suspended for not less than one hundred and eighty
days 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, the
instruction permit shall be suspended for not less than one hundred and eighty
days 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 to
obtain a driver's license, provisional license, or instruction permit shall be
suspended until the age of seventeen or for one hundred and eighty days, at the
discretion of the court; and



(5)  Chapter 571 notwithstanding, in any case where a
person under the age of eighteen violates this section, the family court judge
may 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 of
financial responsibility pursuant to section 287-20 shall not be based upon a
sentence imposed under paragraphs (1) and (2).  In addition, all persons
whether or not licensed, found to be in violation of this section shall be
sentenced to seventy-five hours of community service work, and an eight to
twelve hour program of alcohol education and counseling the costs of which
shall be borne by the offender or the offender's parent or guardian.



(e)  As used in this section,
"consume" or "consumption" includes the ingestion of
liquor. [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.