00                     CS FOR HOUSE BILL NO. 428(JUD) am                                                                  
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 plus costs and reasonable attorney fees.                           
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, plus costs and reasonable attorney fees, to the licensee from whom the other                              
12       person purchased, ordered, or received an alcoholic beverage in violation of                                      
13       AS 04.16.060.                                                                                                     
14            (c)  It is a condition precedent to maintaining an action under this section that                            

01       the owner or seller of the merchandise send by first class mail to the defendant at the                           
02       defendant's last know address 15 days or more before the action is commenced a                                    
03       notice demanding the relief authorized.  The board may adopt regulations prescribing                              
04       the form of this notice.  It is not a condition precedent to maintaining an action under                          
05       this section that the person who violated AS 04.16.060 or solicited a violation was                               
06       charged or convicted under any statute or ordinance.                                                              
07            (d)  In this section, "emancipated minor" means a minor whose disabilities                                   
08       have been removed for general purposes under AS 09.55.590.