SB 46

Under current law, an alcohol beverages licensee (retailer) may not procure for,

sell, or otherwise provide alcohol beverages to a person who has not attained the legal

drinking age of 21 and who is not accompanied by his or her parent, guardian, or

spouse who is at least age 21 (unaccompanied underage person) or, with various

exceptions, permit an unaccompanied underage person to enter or be on a retail

licensed premises (retailer underage violation). A retailer has a defense to a retailer

underage violation if the retailer shows that: 1) the underage person falsely

represented his or her age to be at least 21; 2) the appearance of the underage person

was such that an ordinary and prudent person would believe that the underage

person was at least 21; 3) the retailer acted in good faith and in reliance on the

representation and appearance of the underage person in the belief that the

underage person was at least 21; and 4) the underage person supported his or her

representation with identification showing his or her age to be at least 21.

Also under current law, an unaccompanied underage person may not: 1)

procure or attempt to procure alcohol beverages from a retailer; 2) possess or

consume alcohol beverages on licensed retail premises; 3) enter or be on licensed

retail premises, subject to various exceptions; or 4) falsely represent his or her age

to obtain alcohol beverages from a retailer (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 retailers with a private right of action against underage

persons who commit underage violations. Under the bill, a retailer may bring a civil

action against an underage person who commits an underage violation on the

retailer's licensed premises if the retailer has not been convicted of or cited for a

retailer underage violation related to the same incident giving rise to the underage

violation, unless the retailer has a defense to the retailer underage violation. If a

retailer brings a civil action against an underage person based on the underage

violation and judgment is entered in favor of the retailer, the court must award to the

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

person instead. The retailer 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

underage violation. Before a retailer may bring an action, the retailer 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.

The bill also creates an exception allowing an unaccompanied underage person

to enter or be on licensed retail premises if the underage person is employed by or