Bill Text: IN SB0244 | 2011 | Regular Session | Introduced
Bill Title: Penalty for serving alcohol to minor patron.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-06 - First reading: referred to Committee on Public Policy [SB0244 Detail]
Download: Indiana-2011-SB0244-Introduced.html
Introduced Version
SENATE BILL No. 244
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 7.1-3-23-26.1; IC 7.1-5-7-5.1; IC 34-30-2;
IC 35-46-1-10.1.
Synopsis: Penalty for serving alcohol to minor patron. Provides that
an alcoholic beverage retailer or dealer may not: (1) be fined; (2) have
that person's retailer or dealer permit suspended; (3) have that person's
retailer or dealer permit revoked; or (4) have a civil judgment assessed
against the person; if an employee or agent of the retailer or dealer
commits the violation and the employee or agent has an unexpired
server certificate at the time the violation occurs.
Effective: July 1, 2011.
Kruse
January 6, 2011, read first time and referred to Committee on Public Policy.
Introduced
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
SENATE BILL No. 244
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 7.1-3-23-26.1; (11)IN0244.1.1. -->
SECTION 1. IC 7.1-3-23-26.1, AS AMENDED BY P.L.161-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 26.1. (a) Except as provided in subsection (c),
a retailer permittee or dealer permittee who violates IC 7.1-3-1.5-13,
IC 7.1-5-7-4, or IC 7.1-5-7-8 through IC 7.1-5-7-13 may be fined, have
the permittee's permit suspended, or be fined and have the permittee's
permit suspended, as determined by the commission. However, if the
penalty imposed by the commission exceeds a fine and three (3) day
suspension, the commission must issue written findings of fact and
conclusions which show the necessity of the penalty. If the retailer or
dealer permittee commits a subsequent violation of the provisions
listed in this subsection within twelve (12) months of the first violation,
the commission may fine the permittee, fine the permittee and suspend
the permittee's permit, or revoke the permittee's permit. However, if the
penalty exceeds a fine and suspension of more than fifteen (15) days,
the commission must issue written findings of fact and conclusions
which show the necessity of the penalty.
(b) The holder of an employee permit who violates IC 7.1-5-7-4 or IC 7.1-5-7-8 through IC 7.1-5-7-13 may be fined, have the permittee's permit suspended, be both fined and have the permittee's permit suspended, or have the permittee's permit revoked, as determined by the commission.
(c) The holder of a retailer or dealer permit may not:
(1) be fined;
(2) have the holder's permit suspended;
(3) be fined and have the holder's permit suspended; or
(4) have the holder's permit revoked;
under this section for a violation of IC 7.1-5-7-8 by an employee or agent of the retailer or dealer if, at the time the violation occurred, the employee or agent had an unexpired server certificate issued under IC 7.1-3-1.5.
(b) The holder of an employee permit who violates IC 7.1-5-7-4 or IC 7.1-5-7-8 through IC 7.1-5-7-13 may be fined, have the permittee's permit suspended, be both fined and have the permittee's permit suspended, or have the permittee's permit revoked, as determined by the commission.
(c) The holder of a retailer or dealer permit may not:
(1) be fined;
(2) have the holder's permit suspended;
(3) be fined and have the holder's permit suspended; or
(4) have the holder's permit revoked;
under this section for a violation of IC 7.1-5-7-8 by an employee or agent of the retailer or dealer if, at the time the violation occurred, the employee or agent had an unexpired server certificate issued under IC 7.1-3-1.5.
SOURCE: IC 7.1-5-7-5.1; (11)IN0244.1.2. -->
SECTION 2. IC 7.1-5-7-5.1, AS AMENDED BY P.L.10-2010,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 5.1. (a) A permittee in a criminal prosecution or
in a proceeding before the commission or a local board based upon a
charge of unlawfully furnishing an alcoholic beverage to a minor may
offer either or both one (1) or more of the following proofs as a
defense or defenses to the prosecution or proceeding:
(1) That:
(A) the purchaser:
(i) falsely represented the purchaser's age in a written statement, such as that prescribed by subsection (b), supported by two (2) forms of identification showing the purchaser to be at least twenty-one (21) years of age;
(ii) produced a driver's license bearing the purchaser's photograph;
(iii) produced a photographic identification card, issued under IC 9-24-16-1 or a similar card, issued under the laws of another state or the federal government, showing that the purchaser was of legal age to make the purchase; or
(iv) produced a government issued document bearing the purchaser's photograph and showing the purchaser to be at least twenty-one (21) years of age;
(B) the appearance of the purchaser was such that an ordinary prudent person would believe the purchaser to be of legal age to make the purchase; and
(C) the sale was made in good faith based upon the reasonable belief that the purchaser was actually of legal age to make the purchase.
(2) That the permittee or the permittee's agent had taken all reasonable precautions in instructing the permittee's employees, in hiring the permittee's employees, and in supervising them as to sale of alcoholic beverages to minors.
(3) That the sale of the alcoholic beverages was done by an employee or agent of the holder of the retailer or dealer permit who held an unexpired server certificate issued under IC 7.1-3-1.5 at the time the sale occurred. The defense in this subdivision is available only to the holder of a retailer or dealer permit in a proceeding under IC 7.1-3-23-26.1 or IC 35-46-1-10.1.
(b) The following written statement is sufficient for the purposes of subsection (a)(1)(A)(i):
I understand that misrepresentation of age to induce the sale, service, or delivery of alcoholic beverages to me is cause for my arrest and prosecution, which can result in punishment as follows:
(1) Possible payment of a fine of up to $500.
(2) Possible imprisonment for up to 60 days.
(3) Possible loss or deferment of driver's license privileges for up to one year.
(4) Possible requirement to participate in an alcohol education or treatment program.
Knowing the possible penalties for misstatement, I hereby represent and state, for the purpose of inducing ________________________
to sell, serve, or deliver alcoholic beverages to me, that I was born:
________, _______, ______ and am ____ years of age.
(Month) (Day) (Year)
Date __________ Signed _______________________
Address ______________________
____________________________
Other Identification Signature of person
Presented: who witnessed completion
Nonphoto driver's of this statement
license: (number & state) by patron:
________________________ ____________________________
Social Security Number
____________________________
Other _______________________
____________________________
____________________________
(1) That:
(A) the purchaser:
(i) falsely represented the purchaser's age in a written statement, such as that prescribed by subsection (b), supported by two (2) forms of identification showing the purchaser to be at least twenty-one (21) years of age;
(ii) produced a driver's license bearing the purchaser's photograph;
(iii) produced a photographic identification card, issued under IC 9-24-16-1 or a similar card, issued under the laws of another state or the federal government, showing that the purchaser was of legal age to make the purchase; or
(iv) produced a government issued document bearing the purchaser's photograph and showing the purchaser to be at least twenty-one (21) years of age;
(B) the appearance of the purchaser was such that an ordinary prudent person would believe the purchaser to be of legal age to make the purchase; and
(C) the sale was made in good faith based upon the reasonable belief that the purchaser was actually of legal age to make the purchase.
(2) That the permittee or the permittee's agent had taken all reasonable precautions in instructing the permittee's employees, in hiring the permittee's employees, and in supervising them as to sale of alcoholic beverages to minors.
(3) That the sale of the alcoholic beverages was done by an employee or agent of the holder of the retailer or dealer permit who held an unexpired server certificate issued under IC 7.1-3-1.5 at the time the sale occurred. The defense in this subdivision is available only to the holder of a retailer or dealer permit in a proceeding under IC 7.1-3-23-26.1 or IC 35-46-1-10.1.
(b) The following written statement is sufficient for the purposes of subsection (a)(1)(A)(i):
REPRESENTATION AND STATEMENT
OF AGE
FOR PURCHASE OF ALCOHOLIC
BEVERAGES
I understand that misrepresentation of age to induce the sale, service, or delivery of alcoholic beverages to me is cause for my arrest and prosecution, which can result in punishment as follows:
(1) Possible payment of a fine of up to $500.
(2) Possible imprisonment for up to 60 days.
(3) Possible loss or deferment of driver's license privileges for up to one year.
(4) Possible requirement to participate in an alcohol education or treatment program.
Knowing the possible penalties for misstatement, I hereby represent and state, for the purpose of inducing ________________________
(Name of licensee)
to sell, serve, or deliver alcoholic beverages to me, that I was born:
________, _______, ______ and am ____ years of age.
(Month) (Day) (Year)
Date __________ Signed _______________________
Address ______________________
____________________________
Other Identification Signature of person
Presented: who witnessed completion
Nonphoto driver's of this statement
license: (number & state) by patron:
________________________ ____________________________
Social Security Number
____________________________
Other _______________________
____________________________
____________________________
SOURCE: IC 34-30-2-19.7; (11)IN0244.1.3. -->
SECTION 3. IC 34-30-2-19.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 19.7. IC 7.1-3-23-26.1
(Concerning the furnishing of alcoholic beverages to a minor by an
employee or agent of an alcoholic beverage retailer or dealer).
SOURCE: IC 34-30-2-151.5; (11)IN0244.1.4. -->
SECTION 4. IC 34-30-2-151.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 151.5. IC 35-46-1-10.1
(Concerning the furnishing of alcoholic beverages to a minor by an
employee or agent of an alcoholic beverage retailer or dealer).
SOURCE: IC 35-46-1-10.1; (11)IN0244.1.5. -->
SECTION 5. IC 35-46-1-10.1, AS ADDED BY P.L.94-2008,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 10.1. (a) Except as provided in subsection (c),
if a permit holder or an agent or employee of a permit holder violates
IC 7.1-5-7-8 on the licensed premises, in addition to any other penalty,
a civil judgment may be imposed against the permit holder as follows:
(1) If the licensed premises at that specific business location has not been issued a citation or summons for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to two hundred dollars ($200).
(2) If the licensed premises at that specific business location has had one (1) citation or summons for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to four hundred dollars ($400).
(3) If the licensed premises at that specific business location has had two (2) citations or summonses for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to seven hundred dollars ($700).
(4) If the licensed premises at that specific business location has had three (3) or more citations or summonses for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to one thousand dollars ($1,000).
(b) The defenses set forth in IC 7.1-5-7-5.1 are available to a permit holder in an action under this section.
(c) A retailer or dealer permit holder may not be assessed a civil judgment under this section for a violation of IC 7.1-5-7-8 if:
(1) an employee or agent of the retailer or dealer committed the violation; and
(2) at the time the violation occurred, the employee or agent
(1) If the licensed premises at that specific business location has not been issued a citation or summons for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to two hundred dollars ($200).
(2) If the licensed premises at that specific business location has had one (1) citation or summons for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to four hundred dollars ($400).
(3) If the licensed premises at that specific business location has had two (2) citations or summonses for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to seven hundred dollars ($700).
(4) If the licensed premises at that specific business location has had three (3) or more citations or summonses for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to one thousand dollars ($1,000).
(b) The defenses set forth in IC 7.1-5-7-5.1 are available to a permit holder in an action under this section.
(c) A retailer or dealer permit holder may not be assessed a civil judgment under this section for a violation of IC 7.1-5-7-8 if:
(1) an employee or agent of the retailer or dealer committed the violation; and
(2) at the time the violation occurred, the employee or agent
had an unexpired server certificate issued under IC 7.1-3-1.5.
(c) (d) Unless a person less than twenty-one (21) years of age buys
or receives an alcoholic beverage under the direction of a law
enforcement officer as part of an enforcement action, a permit holder
that sells alcoholic beverages is not liable under this section unless the
person less than twenty-one (21) years of age who bought or received
the alcoholic beverage is charged for violating IC 7.1-5-7-7.
(d) (e) All civil penalties collected under this section shall be
deposited in the alcohol and tobacco commission's enforcement and
administration fund under IC 7.1-4-10.
