HOUSE OF REPRESENTATIVES	H.B. NO.	96
TWENTY-SIXTH LEGISLATURE, 2011		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO INTOXICATING LIQUOR.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the "Use and Lose" law, Act 203, Session Laws of Hawaii 2006, has been an effective tool in curbing teenage drinking because it mandates driver's license suspensions for minors caught violating the liquor laws.  The "Use and Lose" law, however, does not have the same deterrent effect on those minors who do not have driver's licenses or a desire to drive. 

     Programs promoting underage drinking awareness represent an additional approach that can educate teens about the dangers of alcohol abuse.  Such programs may influence teenagers to make responsible decisions about alcohol use based upon effective presentations of compelling facts and a rational desire to be safe and healthy.

     The purpose of this Act is to help prevent and deter underage drinking by:

     (1)  Establishing a schedule of fines to be assessed against minors for violations of liquor laws, and directing fifty per cent of the revenue generated from the fines toward county anti-underage drinking programs and underage drinking law enforcement programs; and

     (2)  Prohibiting minors from using false identification to enter the premises of establishments with liquor licenses that exclude minors.

     SECTION 2.  Section 281-101.5, Hawaii Revised Statutes, is amended to read as follows:

     "§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[.], or for the purpose of gaining entry to the premises of a licensee that excludes minors or admits only a person who produces identification to prove the person is twenty-one years of age or older.

     (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] but under twenty-one years of age 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 at least 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)  In addition to any other penalties authorized by law, any minor who violates subsection (b) or (c) shall be fined as follows:

     (1)  For a first violation, by a fine of not less than $100 and not more than $250;

     (2)  For a violation that occurs within three years of a prior violation under subsection (b) or (c), by a fine of not less than $250 and not more than $500; and

     (3)  For a violation that occurs within three years of two or more prior violations under subsection (b) or (c), by a fine of not less than $500 and not more than $1,000.

     The director of finance shall distribute fifty per cent of the revenues from the fines imposed under this subsection to the county in which the violation occurred.  The funds shall be expended by the county for anti-underage drinking programs or underage drinking law enforcement programs.

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

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2112.

Report Title:

Intoxicating Liquor; Minors; Fines

      

Description:

Prohibits use by minors of false identification to enter premises of establishments, carrying liquor licenses, that exclude minors.  Establishes a schedule of fines assessed against minors for violations relating to liquor.  Designates fifty per cent of revenues from fines to county programs to combat underage drinking.  Effective on July 1, 2112.  (HB96 HD1)

 

 

 

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