Minors in possession of alcohol.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0338

HOUSE BILL
NO.
HB0051

Minors in possession of alcohol.

Sponsored by:
Representative(s) Gingery

A BILL

for

AN ACT relating to alcoholic and malt beverages; amending offenses relating to minors in possession of alcoholic and malt beverages; providing that a minor who has consumed any alcoholic or malt beverage is guilty of a misdemeanor; repealing and renumbering exceptions to minors in possession of, or who consume, alcoholic or malt beverages; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 12
‑
6
‑
101(b)(intro) and by creating new subsections (f) and (g) is amended to read:

12
‑
6
‑
101.

Sale
or possession prohibited; when possession unlawful; public drunkenness; falsification of identification; penalty; prima facie identification as defense.

(b)

Any person under the age of twenty-one (21) years who has any alcoholic or malt beverage in his possession or who
is drunk or under the influence of
has consumed any
alcoholic
liquor,
or malt
beverages or a controlled substance on any street or highway or in any public place
beverage
is guilty of a misdemeanor.

This subsection does not apply to possession of alcoholic or malt beverages by a person under the age of twenty-one (21) years:

(f)

The provisions of subsection (b) of this section shall not apply to possession of alcoholic or malt beverages by a person under the age of twenty-one (21) years:

(i)

When making a delivery of alcoholic or malt beverages pursuant to his employment;

(ii)

Who is a licensee under this title; or

(iii)

When serving alcoholic or malt beverages pursuant to his employment in a restaurant which holds a license to serve alcoholic or malt beverages, if the person is at least eighteen (18) years of age.

(g)

The provisions of subsection (b) of this section shall not apply to consumption of alcoholic or malt beverages by a person under the age of twenty-one (21) years when the consumption of alcoholic or malt beverage occurred in the physical presence of, and with the consent of, his parent or legal guardian.

Section 2.

W.S. 12
‑
6
‑
101(b)(i), (ii), (iv) and (v) is repealed.

Section 3.

This act is effective July 1, 2006.

(END)

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HB0051