Legislature(2009 - 2010)CAPITOL 106
03/16/2010 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB348 | |
| SB194 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 348 | TELECONFERENCED | |
| + | SB 194 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 194-MINORS: ALCOHOL VIOLATIONS/ I.D. CARDS
9:37:23 AM
CHAIR LYNN announced that the final order of business was CS FOR
SENATE BILL NO. 194(JUD), "An Act relating to penalties and
civil damages for certain alcohol violations."
9:37:36 AM
CHRISTINE MARASIGAN, Staff, Senator Kevin Meyer, Alaska State
Legislature, introduced SB 194 on behalf of Senator Meyer,
sponsor. She paraphrased the sponsor statement, which read as
follows [original punctuation provided]:
CSSB 194 increases civil damages from $1,000 to $1,500
for three alcohol violations.
1) Minors who knowingly enter or remain in premises
licensed to sell alcohol.
2) People who purchase or deliver alcohol to persons
under the age of 21.
3) Persons with restrictions on purchasing alcohol who
knowingly enter or remain on premises licensed to sell
alcohol.
Additionally, CSSB 194 may also require a person who
is under 21 years of age and convicted of the
aforementioned offenses to pay for and enroll in a
juvenile alcohol safety action program or similar
education or treatment program if one is available.
Underage drinking is a problem in Alaska. According
to the State of Alaska's Plan to Reduce & Prevent
Underage Drinking (October 2009), 11 percent of all
treatment admissions for alcohol abuse in the state
were youth aged 12-20. There are currently 2,133
alcohol restricted licenses issued in the state.
An increase in civil damages would reinforce the
message to youth that underage drinking will not be
tolerated. The increased civil penalty would also be
a financial deterrent for those who purchase alcohol
for minors as well as adults holding a restricted
license who are tempted to purchase alcohol.
Passing CSSC 194 will encourage licensees to continue
their enforcement of underage and restricted license
drinking laws. This bill will also serve as a
deterrent to underage and restricted consumers of
alcohol.
MS. MARASIGAN said many underage youths get their alcohol from
adults. She said the increased civil penalty would help offset
the cost of "tracking down and pursuing civil action for the
licensees." She relayed that licensees like this program,
because it discourages those who should not be purchasing
alcohol from even trying. The proposed legislation would help
enforce Alaska's laws while helping the licensee protect his/her
license by discouraging those under the legal drinking age from
trying to acquire alcohol.
9:42:35 AM
MS. MARASIGAN, in response to Representative Seaton, said
current law addresses the three situations previously outlined
in the sponsor statement; the proposed legislation would
increase the civil penalties for occurrence of those situations.
She offered an example of a minor entering a bar and trying to
get served alcohol, and she said in that instance, the licensee
could "take a civil action against" the minor.
REPRESENTATIVE SEATON described a hypothetical situation in
which an adult buys alcohol from a store and later gives it to a
minor. He asked whether - if it is established in a criminal
proceeding that the adult purchased the alcohol at a certain
store - the licensee of that store, based on that criminal
proceeding, could "get a judgment of $1,500" against the adult
who bought the alcohol.
MS. MARASIGAN responded as follows:
This is more sort of like an on-site civil penalty
that people try to enact. I can't imagine that
somebody would be following so closely to every single
proceeding that they would track somebody who bought
for a minor in a criminal proceeding, because they'd
already be in such big trouble that I don't know that
anyone would then end up going back and then bringing
a civil [action], but it certainly is possible.
9:46:05 AM
OTHAL C. MADDEN III, Director of Operations, Brown Jug, Inc.,
testified in support of SB 194. He said Brown Jug, Inc., has
used the aforementioned civil penalty statutes for over 10 years
to prevent underage drinking. He said the law deters minors
from coming in the door to make the purchase in the first place.
In the event the minor does come in, the law gives the
establishment some means by which to "go after him." Mr. Madden
related that when a Brown Jug, Inc., employee is successful in
collecting a civil penalty from a minor, the establishment
awards that employee a bonus of $270. He said Brown Jug, Inc.,
also offers the minor involved an opportunity to wave [the civil
penalty] by completing a two-day alcohol education training
through the Crime for Life program handled through Mothers
Against Drunk Driving (MADD) and sexual assault awareness
training through Standing Together Against Rape (STAR).
MR. MADDEN said one of the great aspects of the civil penalty
program is that it gets the family involved with the minor.
Before the program, many families never found out that the minor
had been caught. Now, the family gets a letter in the mail
saying the family owes Brown Jug, Inc., $1,000 for "illegal
entry into the store," and that gets the attention of the
family. Mr. Madden said since the first civil penalty was
enacted in 1998, Brown Jug, Inc., has pursued actions against
over 2,000 minors who have been caught. He said although the
company has not been successful in collecting against all 2,000,
at least the process has initiated family involvement. Mr.
Madden said Brown Jug, Inc., has also used the civil penalty
program to address the problem of adults buying alcohol for
minors, and to seek civil damages against the minors who wait
outside to solicit adults to buy alcohol for them.
9:49:23 AM
REPRESENTATIVE SEATON asked if the civil penalty has been used
against "someone that is very much removed from your premises."
MR. MADDEN responded, "There may have been a couple of
situations with kegs over the years, where the police actually
let us know that an adult had bought a keg from us and provided
[it] to minors, but [in] most cases the licensee would have no
idea that that ever occurred, or that those events were ever
related to the business."
9:50:44 AM
REPRESENTATIVE SEATON expressed appreciation for the work that
Mr. Madden has been doing regarding these civil penalties. He
opined that everything that is done to stop underage drinking is
a benefit to the entire state.
9:51:09 AM
SENATOR KEVIN MEYER, Alaska State Legislature, as sponsor of SB
194, said related city ordinance was passed by the Anchorage
Assembly in 1997, and Fairbanks adopted a similar ordinance.
The aforementioned statute followed in 2003, he said. The
proposed legislation would address the need to raise the amount
of civil damages, which have not been raised since the statute
was enacted.
9:52:04 AM
REPRESENTATIVE P. WILSON asked if Senator Meyer has considered
increasing the amount to $2,000 for people who purchase or
deliver alcohol to person under the age of 21.
SENATOR MEYER responded that the criminal penalty for adults who
supply alcohol to minors is effective. He stated, "The civil
side is handy more for the kids who are trying to buy it." He
explained that sometimes when Brown Jug, Inc., gets a minor's
identification and calls the police, the police are too busy to
do anything; however, the consequences to the licensee are great
if they are caught selling alcohol to a minor. He continued:
So, ... the licensees ... [are] taking action on
behalf of the state by going through civil court,
because there really isn't much done on the criminal
side for the minors. For adults trying to purchase
[for minors] there ... [are] some consequences on the
criminal side and whatever we can do on the civil
side. So, we're really trying to discourage adults
from even buying for the kids, by ... [utilizing both]
the criminal and the civil side.
REPRESENTATIVE P. WILSON explained she is considering whether or
not other businesses would have more incentive to get involved
if the fine was higher.
9:55:11 AM
SENATOR MEYER concurred that there are some places, like Brown
Jug, Inc., that have a reputation for catching minors trying to
buy alcohol. He said the Cabaret Hotel Restaurant & Retailer's
Association (CHARR) will "take this action" on behalf of smaller
organizations. In response to a follow-up question, he
confirmed that CHARR has been following through with quite a few
civil actions.
9:56:51 AM
REPRESENTATIVE GATTO noted that according to Mr. Madden's
testimony, if the option for having $700 waived if a minor takes
part in one of the aforementioned programs is used, then the
establishment only gets $300 of the current $1,000 amount.
Under the proposed bill, if the option for having $700 waived is
taken advantage of, then the establishment would only get $800
of the $1,500. He asked Senator Meyer if it is his intent to
"just get the liquor store owner a higher award."
SENATOR MEYER reminded Representative Gatto that that option is
the policy of Brown Jug, Inc. He stated, "Each establishment
has kind of different policies and costs associated in
implementing this program."
9:58:22 AM
REPRESENTATIVE SEATON moved to report CSSB 194(JUD) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSSB 194(JUD) was
reported out of the House State Affairs Standing Committee.
| Document Name | Date/Time | Subjects |
|---|