FINAL BILL REPORT

HB 110

                                  C 204 L 87

BYRepresentatives Lewis, Armstrong, Niemi, Padden, Crane, Patrick, Holm, Baugher, Taylor, Miller, Hargrove, Rasmussen, Betrozoff and Doty

Changing provisions relating to the sale of alcohol to minors.

House Committe on Judiciary

Senate Committee on Commerce & Labor

SYNOPSIS AS ENACTED

BACKGROUND:

Two separate laws prohibit selling liquor to persons under the age of 21.  The first of these laws (in the Domestic Relations Code) makes it a gross misdemeanor to "sell or give, or permit to be sold or given" liquor to an underage person.  The maximum penalty for a gross misdemeanor is one year in jail and a $5,000 fine.

The second law (in the Liquor Control Code) makes it unlawful for any person to "give or otherwise supply" liquor to an underage person, or to "permit" an underage person to "consume liquor on his premises or on any premises under his control."  The second law also has exceptions to its general prohibitions.  Parents or guardians are allowed to supply their children with liquor for "beverage or medicinal purposes," and physicians are also allowed to "administer" alcohol to underage persons.  The penalties for violating this second law vary depending on who the offender is (i.e., individual or corporation, private person or liquor licensee, or first-time or repeat offender).  In many instances the maximum penalties that could be assessed under this law are different from those that could be applied under the first law.

When two different laws make the same behavior unlawful, but each describes a different penalty for that same behavior, courts have declared the laws unconstitutional because they afford a prosecutor impermissible discretion in deciding under which of the two laws a person is to be charged.

SUMMARY:

The provisions in the Domestic Relations Code dealing with supplying underage persons with liquor are eliminated.

VOTES ON FINAL PASSAGE:

      House 94   1

      Senate    44     0

EFFECTIVE:July 26, 1987