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H. 3138
STATUS INFORMATION
General Bill
Sponsors: Reps. E.H. Pitts, Haskins, Branham, G.R. Smith, Shoopman, Cobb-Hunter, Kirsh, Mahaffey, Huggins, Funderburk, Cotty, Haley, Gullick, Bingham, Toole, Ballentine, Vick, Hagood, McLeod, Owens and Bedingfield
Document Path: l:\council\bills\ms\7083ahb07.doc
Companion/Similar bill(s): 213
Introduced in the House on January 9, 2007
Currently residing in the House Committee on Judiciary
Summary: Prevention of Underage Drinking and Access to Alcohol Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2006 House Prefiled
12/13/2006 House Referred to Committee on Judiciary
1/9/2007 House Introduced and read first time HJ-75
1/9/2007 House Referred to Committee on Judiciary HJ-76
1/10/2007 House Member(s) request name added as sponsor: Funderburk
1/11/2007 House Member(s) request name added as sponsor: Cotty, Haley,
Gullick
1/24/2007 House Member(s) request name added as sponsor: Bingham, Toole
1/25/2007 House Member(s) request name added as sponsor: Ballentine
2/8/2007 House Member(s) request name added as sponsor: Vick
2/15/2007 House Member(s) request name added as sponsor: Hagood
3/14/2007 House Member(s) request name added as sponsor: McLeod
4/24/2007 House Member(s) request name added as sponsor: Owens
4/25/2007 House Member(s) request name added as sponsor: Bedingfield
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "PREVENTION OF UNDERAGE DRINKING AND ACCESS TO ALCOHOL ACT OF 2007" SO AS TO ADD ARTICLE 1, CHAPTER 3, TITLE 61 TO PROVIDE SOCIAL HOST CRIMINAL LIABILITY WHEN ALCOHOL IS PROVIDED TO A MINOR UNDER CERTAIN CIRCUMSTANCES, TO DEFINE TERMS ASSOCIATED WITH THE ARTICLE, AND TO PROVIDE PENALTIES FOR THE OFFENSE; TO ADD ARTICLE 19, CHAPTER 4, TITLE 61 TO REQUIRE THE REGISTRATION OF KEGS, TO DEFINE TERMS ASSOCIATED WITH THE ARTICLE, TO PROVIDE A PROCEDURE FOR THE REGISTRATION OF KEGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO ADD SECTION 61-6-4075 SO AS TO CREATE THE OFFENSE OF ILLEGAL PURCHASE OF ALCOHOLIC LIQUORS FOR ANOTHER'S CONSUMPTION ON THE PREMISES AND TO PROVIDE A PENALTY; TO ADD SECTION 61-6-4085 SO AS TO REQUIRE CRIMINAL CHARGES TO BE BROUGHT AGAINST BOTH THE SELLER AND PURCHASER REGARDING THE ILLEGAL SALE OF ALCOHOLIC LIQUORS TO MINORS AND TO CREATE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 20-7-8920 AND 20-7-8925, BOTH AS AMENDED, RELATING TO PURCHASE OR POSSESSION OF BEER, WINE, AND ALCOHOLIC LIQUORS, SO AS TO EQUALIZE THE PENALTIES FOR THE OFFENSES, TO REQUIRE THAT THE VIOLATOR COMPLETE AN ALCOHOL EDUCATION PROGRAM, AND TO PROVIDE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-1-746, RELATING TO DRIVER'S LICENSE SUSPENSION FOR CERTAIN OFFENSES INVOLVING THE UNLAWFUL PURCHASE OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS BY MINORS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND REQUIRE NOTIFICATION OF THE MINOR'S PARENT WHEN THE MINOR'S DRIVER'S LICENSE IS SUSPENDED; TO AMEND SECTION 61-4-50, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO MINORS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO REQUIRE THE VIOLATOR TO COMPLETE AN ALCOHOL EDUCATION PROGRAM; TO AMEND SECTION 61-4-60, RELATING TO A MINOR'S GIVING FALSE INFORMATION AS TO AGE FOR THE PURPOSE OF PURCHASING BEER OR WINE SO AS TO INCREASE THE PENALTY SO IT IS EQUAL TO THE SIMILAR OFFENSE INVOLVING ALCOHOLIC LIQUORS; TO AMEND SECTION 61-4-80, RELATING TO THE PURCHASE OF BEER OR WINE FOR ANOTHER'S CONSUMPTION ON PREMISES, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 61-4-90, AS AMENDED, RELATING TO TRANSFER OF BEER OR WINE FOR A MINOR'S CONSUMPTION, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 61-4-100, RELATING TO REQUIRING CRIMINAL CHARGES TO BE BROUGHT AGAINST BOTH THE SELLER AND PURCHASER REGARDING THE ILLEGAL SALE AND PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO CREATE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 61-6-4070, AS AMENDED, RELATING TO TRANSFER OF ALCOHOLIC LIQUORS FOR A MINOR'S CONSUMPTION, SO AS TO REVISE THE PENALTIES; AND TO AMEND SECTION 61-6-4080, RELATING TO THE SALE OF ALCOHOLIC LIQUORS TO MINORS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO REQUIRE THE VIOLATOR TO COMPLETE AN ALCOHOL EDUCATION PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Prevention of Underage Drinking and Access to Alcohol Act of 2007".
SECTION 2. Title 61 of the 1976 Code is amended by adding:
Section 61-3-10. For purposes of this article:
(1) 'alcoholic beverage' means alcoholic liquors, as defined in Section 61-6-20, and beer and wine, as defined in Section 61-4-10;
(2) 'controls' means owns, rents, leases, or subleases;
(3) 'gathering' means a party or event where two or more persons assemble for a social occasion or activity; and
(4) 'premises' means a residence or other private property, including commercial or business property.
Section 61-3-20. (A) Notwithstanding another provision of law, a person who controls a premises may not allow a gathering to take place at the premises if he:
(1) knows that an attendee at the gathering is under the age of twenty-one and is in the possession of or is consuming an alcoholic beverage; and
(2) fails to take reasonable action to prevent the attendee under the age of twenty-one from possessing or consuming the alcoholic beverage.
(B) The provisions of this section do not apply to a:
(1) spouse over the age of twenty-one who gives an alcoholic beverage to his spouse under the age of twenty-one in their home;
(2) parent or guardian over the age of twenty-one who gives an alcoholic beverage to his children or wards under the age of twenty-one in his home;
(3) person who gives an alcoholic beverage to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic beverage was lawfully purchased; or
(4) person who gives, serves, or permits to be served an alcoholic beverage to a student under the age of twenty-one if the:
(a) person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(b) student, eighteen years of age or older, is enrolled in an accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the beverage is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to this curriculum;
(c) student is required to taste, but not consume or imbibe, the beverage during classes conducted under the supervision of an authorized instructor pursuant to the curriculum;
(d) beverage is never offered for consumption or imbibed by the student; and
(e) beverage at all times remains in the possession and control of the authorized instructor.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or imprisoned for not more than thirty days, or both.
(D) A person may not be prosecuted for a violation of this section and Section 45-2-40.
Section 61-3-30. The provisions of this article do not apply to establishments licensed for on-premises consumption of alcoholic beverages."
SECTION 3. Chapter 4, Title 61 of the 1976 Code is amended by adding:
Section 61-4-1910. For purposes of this article:
(1) 'keg' means a container of beer with a capacity of at least two gallons, which is designed to dispense beer directly from the container; and
(2) 'retail licensee' means the holder of a retail beer or wine license issued by the Department of Revenue.
Section 61-4-1920. (A) It is unlawful for a retail licensee to sell a keg of beer without:
(1) recording the date of sale, the keg identification number, the name, address, and birth date of the purchaser, the driver's license or identification card number presented by the purchaser, and other information the Department of Revenue may require on the keg identification form;
(2) requiring the purchaser to sign a statement attesting to the accuracy of the purchaser's information, acknowledging that it is illegal to transfer beer to a person under the age of twenty-one, that the beer in the keg will not be consumed by a person under the age of twenty-one, and other information that the Department of Revenue may require on the purchaser's statement form; and
(3) attaching an identification label or tag to the keg with the name, address, and license number of the retail licensee, the keg identification number, and other information that the Department of Revenue may require on the keg identification label or tag.
(B) The Department of Revenue shall prescribe the form to be used for the keg identification form and the purchaser's statement form. The Department of Revenue also shall approve the keg identification labels or tags and the manner in which the label must be attached to the kegs.
(C) The retail licensee shall maintain the keg identification form and the purchaser's statement form for a minimum of one year from the date the keg is returned. These forms must be available during normal business hours for inspection by the Department of Revenue and appropriate law enforcement agencies.
(D) The retail licensee shall record the date of return of a keg on the proper identification form. If there is no label or tag affixed to the keg or if the identification number is not legible, the retail licensee shall indicate this fact on the proper identification form.
(E) The retail licensee may not refund a deposit for a keg that is returned without the identification label or tag and identification number intact and legible.
(F) A retail licensee who violates the provisions of this section is subject to suspension or revocation of his beer or wine license or monetary penalties pursuant to Section 61-4-250. A person who violates a provision of this section:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(G) A person who violates the provisions of this section also is required to successfully complete a Department of Alcohol and Other Drug Abuse Services (DAODAS) approved merchant alcohol enforcement education program. The program must be a minimum of two hours, must specifically address the selling of kegs, and may not exceed a cost to the person of more than fifty dollars.
Section 61-4-1930. (A) A person may not knowingly possess a keg that does not have the proper tag or label with all information accurately recorded.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.
(C) The provisions of this section do not apply to any manufacturer, shipper, wholesaler, or licensee.
Section 61-4-1940. (A) A person may not purposefully remove, alter, obliterate, or allow to be removed, altered, or obliterated, a keg label or tag or other information recorded on the label or tag.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.
(C) The provisions of this section do not apply to any manufacturer, shipper, wholesaler, licensee, the Department of Revenue, or other appropriate law enforcement agency."
SECTION 4. Article 13, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-4075. It is unlawful for a person who purchases alcoholic liquors while on licensed premises to give the alcoholic liquors to a person to whom it cannot lawfully be sold for consumption on the premises. A person who violates the provisions of this section, upon conviction:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both."
SECTION 5. Article 13, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-4085. (A) If a person is charged with a violation of the unlawful sale of alcoholic liquors to minors pursuant to Section 61-6-4080, the minor also must be charged with a violation of the unlawful purchase or possession of alcoholic liquors pursuant to Section 20-7-8925. In addition, if the minor provided false information as to his age pursuant to Section 20-7-8925(A) or if an adult violated the provisions of Section 61-6-4075 regarding purchasing alcoholic liquors for a person who cannot lawfully buy them, these persons also must be charged with their violations.
(B) A person may not be charged with a violation of Section 61-6-4080 if the provisions of subsection (A) are not met.
(C) Nothing in this section requires that charges made pursuant to this section be prosecuted to conclusion; but rather this determination must be made in the manner provided by law.
(D) Notwithstanding the requirements of subsections (A) and (B), a person under the age of twenty-one may be enlisted by a law enforcement agency to test an establishment's compliance with laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent. If the requirements of this subsection are met, a person may be charged with a violation of Section 61-6-4080 without the requirement that the minor also be charged."
SECTION 6. Section 20-7-8920 of the 1976 Code, as last amended by Act 1 of 1999, is further amended to read:
"Section 20-7-8920. (A) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. A person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five one hundred dollars nor more than one two hundred dollars or must be imprisoned for not more than thirty days, or both.
(B) A person who violates the provisions of this section also is required to successfully complete a DAODAS approved alcohol prevention education or intervention program. The program must be a minimum of eight hours and the cost to the person may not exceed one hundred fifty dollars.
(C) Persons A person eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are is not considered to be in unlawful possession of the beverages during the course and scope of their his duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.
(CD) This section does not apply to any an employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(DE) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must remain at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall may be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum.
(F) The provisions of this section do not apply to a person under the age of twenty-one who is enlisted by a law enforcement agency to test an establishment's compliance with laws relating to the unlawful transfer or sale of beer or wine to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent.
(G) Within twenty-four hours of the arrest of a person eighteen years of age or younger for a violation of the provisions of this section, the arresting law enforcement agency shall attempt to notify the person's parent, guardian, or custodian of the violation and arrest."
SECTION 7. Section 20-7-8925 of the 1976 Code, as last amended by Act 1 of 1999, is further amended to read:
"Section 20-7-8925. (A) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors.
(B) A person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both.
(C) A person who violates the provisions of this section also is required to successfully complete a DAODAS approved alcohol prevention education or intervention program. The program must be a minimum of eight hours and the cost to the person may not exceed one hundred fifty dollars.
(D) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any alcoholic liquor as part of the required curriculum; and
(4) tastes the liquor pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The alcoholic liquor must remain at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall may be construed to allow a student under the age of twenty-one to receive any alcoholic liquor unless the liquor it is delivered as part of the student's required curriculum, and the liquor it is used only for instructional purposes during classes conducted pursuant to the curriculum.
(E) The provisions of this section do not apply to a person under the age of twenty-one who is enlisted by a law enforcement agency to test an establishment's compliance with the laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent.
(F) Within twenty-four hours of the arrest of a person eighteen years of age or younger for a violation of the provisions of this section, the arresting law enforcement agency shall attempt to notify the person's parent, guardian, or custodian of the violation and arrest."
SECTION 8. Section 56-1-746 of the 1976 Code is amended to read:
"Section 56-1-746. (A) The Department of Motor Vehicles shall suspend the driver's license of any a person convicted of the offenses an offense contained in Sections 56-1-510(2), 56-1-510(5), 56-1-515, 61-4-60, 61-4-80, 61-4-90, 61-6-4070, 20-7-8920, and 20-7-8925 as follows:
(1) for a conviction for a first offense, for a period of ninety one hundred eighty days; and
(2) for a conviction for a second or subsequent offense, for a period of six months one year.
(B) For the purposes of determining a prior offenses offense, a conviction of any of the offenses for an offense enumerated in subsection (A) within ten years of the date of the violation is considered a prior offense.
(C) Notwithstanding the provisions of Section 56-1-460, any a person convicted under pursuant to the provisions of this section shall must be punished pursuant to Section 56-1-440 and is not required to furnish proof of financial responsibility as provided for in Section 56-9-500. The conviction shall may not result in any an insurance penalty under pursuant to the Merit Rating Plan promulgated by the Department of Insurance.
(D)(1) If an individual is employed or enrolled in a college or university, or a court-ordered drug program, at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work, his place of education, or the court-ordered drug program, and in the course of his employment, education, or a court-ordered drug program during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the individual that he is employed or enrolled in a college, university, or court-ordered drug program, that he lives further than one mile from his place of employment, education, or court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, or court-ordered drug program.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance in his court-ordered drug program, or residence must be reported immediately to the department by the licensee.
(3) The fee for a special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."
SECTION 9. Section 61-4-50 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-50. (A) It is unlawful for a person to sell beer, ale, porter, wine, or other similar malt or fermented beverage to a person under twenty-one years of age. A person who makes a sale in violation of this section must, upon conviction, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(B) Failure of a person to require identification to verify a person's age is prima facie evidence of the violation of this section.
(C) A person who violates the provisions of this section also is required to successfully complete a DAODAS approved merchant alcohol enforcement education program. The program must be a minimum of two hours and the cost to the person may not exceed fifty dollars."
SECTION 10. Section 61-4-60 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-60. It is unlawful for a person to whom beer or wine cannot be lawfully sold to knowingly give false information concerning his age for the purpose of purchasing beer or wine. A person who violates the provisions of this section, upon conviction, must be fined not less than fifty one hundred dollars nor more than one two hundred dollars or be imprisoned for not more than thirty days, or both."
SECTION 11. Section 61-4-80 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-80. It is unlawful for a person who purchases beer or wine while on licensed premises to give the beer or wine to a person to whom beer or wine cannot lawfully be sold, for consumption on the premises. A person who violates this section must, upon conviction, be fined not less than fifty nor more than one hundred dollars or imprisoned for not more than thirty days:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both."
SECTION 12. Section 61-4-90 of the 1976 Code, as last amended by Act 1 of 1999, is further amended to read:
"Section 61-4-90. (A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption beer or wine at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(B) A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.
(C) The provisions of this section do not apply to a:
(1) spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home;
(2) to a parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or
(3) to a person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased.
(D) The provisions of this section do not apply to a person who gives, serves, or permits to be served any beer, ale, porter, wine, or other similar malt or fermented beverage to a student under the age of twenty-one if the:
(1) the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(2) the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the beverage is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such this curriculum;
(3) the student is required to taste, but not consume or imbibe, the beverage during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;
(4) the beverage is never offered for consumption or imbibed by the student; and
(5) the beverage at all times remains in the possession and control of the authorized instructor."
SECTION 13. Section 61-4-100 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-100. (A) If a person is charged with a violation of Section 61-4-50 (the unlawful sale of beer or wine to minors) pursuant to Section 61-4-50, the minor also must also be charged with a violation of Section 20-7-8920 ( the unlawful purchase or possession of beer or wine) pursuant to Section 20-7-8920. In addition, if the minor violated Section 61-4-60 (false information as to age) pursuant to Section 61-4-60 or if an adult violated Section 61-4-80 ( the unlawful purchase of beer or wine for a person who cannot lawfully buy) pursuant to Section 61-4-80, these persons also must also be charged with their violations.
(B) Unless the provisions of this section are complied with, no A person may not be charged with a violation of Section 61-4-50 may be convicted of the offense if the provisions of subsection (A) are not met.
(C) Nothing in this section requires that charges made pursuant to this section be prosecuted to conclusion; but rather this determination must be made in the manner provided by law.
(D) Notwithstanding the requirements of subsections (A) and (B), a person under the age of twenty-one may be enlisted by a law enforcement agency to test an establishment's compliance with laws relating to the unlawful transfer or sale of beer or wine to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent. If the requirements of this subsection are met, a person may be charged with a violation of Section 61-4-50 without the requirement that the minor also be charged."
SECTION 14. Section 61-6-4070 of the 1976 Code, as last amended by Act 1 of 1999, is further amended to read:
"Section 61-6-4070. (A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption alcoholic liquors at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(B) A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense.
(C) The provisions of this section do not apply to a:
(1) spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home;
(2) to a parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or
(3) to a person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.
(D) The provisions of this section do not apply to a person who gives, serves, or permits to be served any alcoholic liquors to a student under the age of twenty-one, if the:
(1) the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(2) the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the alcoholic liquor is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such this curriculum;
(3) the student is required to taste, but not consume or imbibe, the alcoholic liquor during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;
(4) the alcoholic liquor is never offered for consumption or imbibed by the student; and
(5) the alcoholic liquor at all times remains in the possession and control of the authorized instructor."
SECTION 15. Section 61-6-4080 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-4080. (A) A person engaged in the sale of alcoholic liquors who knowingly sells the alcoholic liquors to a person under the age of twenty-one is guilty of a misdemeanor and must, upon conviction, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court.:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(B) Failure of a person to require identification to verify a person's age is prima facie evidence of the a violation of this section.
(C) A person who violates the provisions of this section also is required to successfully complete a DAODAS approved merchant alcohol enforcement education program. The program must be a minimum of two hours and the cost to the person may not exceed fifty dollars."
SECTION 16. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 17. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 18. This act takes effect six months after approval by the Governor.
This web page was last updated on Monday, October 10, 2011 at 1:33 P.M.