SB 358

Under current law, with limited exceptions, a person who has not attained the

legal drinking age of 21 years may not: 1) procure or attempt to procure alcohol

beverages from an alcohol beverages licensee or permittee; 2) possess or consume

alcohol beverages on premises for which an alcohol beverages license has been issued

(licensed premises), unless accompanied by a parent, guardian, or spouse who has

attained the legal drinking age; 3) enter, knowingly attempt to enter, or be on

licensed premises unless authorized by statute to do so; or 4) falsely represent his or

her age for the purpose of receiving alcohol beverages from an alcohol beverages

licensee or permittee (underage violation). A person who commits an underage

violation is subject to various penalties, including a forfeiture ranging in amount

from $250 to $1,000 depending on the number of prior underage violations the person

has committed.

This bill provides alcohol beverages licensees with a private right of action

against persons who engage in conduct that constitutes an underage violation.

Under the bill, a licensee may bring a civil action against such an underage person

and, if judgment is entered in favor of the licensee, the court must award to the

licensee damages in the amount of $1,000, plus costs and reasonable attorney fees.

However, if the underage person is less than 18 years of age and not emancipated,

the licensee brings the action against the parent or legal guardian of the underage

person instead. The licensee has the burden of proving that the underage person's

conduct constituted an underage violation, but the action may be brought regardless

of whether the underage person received a citation for, or was convicted of, the

violation. Before a licensee may bring an action, the licensee must provide notice of

its intent to bring an action and the notice must include a demand for the monetary

relief that would be available if the action were brought.