00                            HOUSE BILL NO. 428                                                                          
01 "An Act relating to civil liability for acts related to obtaining alcohol for persons under                             
02 21 years of age or for persons under 21 years of age being on licensed premises."                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 04.16 is amended by adding a new section to read:                                                 
05            Sec. 04.16.065.  Civil penalty for violations of AS 04.16.060.  (a) A person                               
06       who has attained 18 years of age, or an emancipated minor, who violates                                           
07       AS 04.16.060 is, in addition to any criminal penalty provided by law, liable in a civil                           
08       action to the licensee for a penalty of $1,000.                                                                   
09            (b)  A person having legal custody of an unemancipated minor who solicits                                    
10       another person to violate AS 04.16.060 is liable in a civil action for a penalty of                               
11       $1,000 to the licensee from whom the other person purchased, ordered, or received an                              
12       alcoholic beverage in violation of AS 04.16.060.                                                                  
13            (c)  It is a condition precedent to maintaining an action under this section that                            
14       the owner or seller of the merchandise send to the defendant a notice demanding the                               

01       relief authorized by first class mail to the defendant at the defendant's last known                              
02       address 15 days or more before the action is commenced.  The Department of Law                                    
03       may adopt regulations prescribing the form of this notice.  It is not a condition                                 
04       precedent to maintaining an action under this section that the person who violated                                
05       AS 04.16.060 or solicited that violation was charged or convicted under any statute or                            
06       ordinance.                                                                                                        
07            (d)  Judgments, but not claims, arising under this section may be assigned.                                  
08            (e)  The liability of a person for damages and penalties under this section is in                            
09       addition to liability for an award of reasonable attorney fees that may be made to the                            
10       prevailing party in a civil action under Rule 82, Alaska Rules of Civil Procedure.                                
11            (f)  In this section, "emancipated minor" means a minor whose disabilities have                              
12       been removed for general purposes under AS 09.55.590.