Legislature(2001 - 2002)
05/02/2001 05:17 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 214-CIVIL ACTION AGAINST MINORS IN BARS REPRESENTATIVE KEVIN MEYER, bill sponsor, testified that the bill allows any alcohol licensee to bring a civil suit against a minor using a fake identification in order to purchase alcoholic beverages. Although this is a class A misdemeanor, minors frequently are not prosecuted while the business owner faces sever penalties. Businesses must post a sign informing the public that any minor attempting to enter the premises is in violation of the law and could be liable for damages up to $1,000.00 which can come from the minor's permanent fund dividend if there is a judgment against that minor. In Anchorage, several establishments split the $1,000.00 civil fine imposed between the business and the employee as an incentive to employees to catch minors with fake identifications. HB 214 sends a powerful message to minors that both the state and businesses are serious in their effort to curtail underage drinking. He then referenced several letters of support in the committee packets and noted that there has been an ordinance in effect in Anchorage for three years that mirrors this legislation. SENATOR COWDERY asked who would get the money from the fine if this becomes a state statute. REPRESENTATIVE MEYER responded that the civil fine would be between the licensee and the minor. If there is criminal prosecution, then the fine imposed would go to either the city or the state depending on which one prosecutes. SENATOR THERRIAULT asked whether the licensee could prosecute if the police discover the use of fake identification not the licensee or their employee. Number 1592 CHAIRMAN TAYLOR asked whether a small claims action had to be filed to get the money. REPRESENTATIVE MEYER said that was correct. In addition, the parents would be involved which is not the case for criminal action. SENATOR THERRIAULT asked whether there had to be an incident report filing taken to small claims court to get the $1,000.00. MR. O.C. MADDEN, representative from Brown Jug in Anchorage, explained that they have been using the ordinance to deal with underage drinking issues for the last three years. When employees seize fake identification, a demand for payment order is sent to the minors residence of record which immediately involves the parents. Sometimes a small claims action is necessary and it is their policy to split the fine with the employee. SENATOR THERRIAULT pointed out that although the local ordinance may give authority to demand payment without filing a small claims action, the statute does not. Small claims action must be taken before there is a right to make the demand. MR. MADDEN responded that the Anchorage ordinance requires a demand letter be sent 15 days prior to initiating a civil action. CHAIRMAN TAYLOR explained that Anchorage has set up a notification time line and a structure in which to do this. There is no requirement of notification, however. A small claims action could be filed immediately. He called for additional testimony and received no response. He then asked for the pleasure of the committee. SENATOR COWDERY moved CSHB 214(L&C) from committee with individual recommendations. There being no objection, CSHB 214(L&C) moved from committee with individual recommendations.
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