Underage drinking.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0594

HOUSE BILL
NO.
HB0274

Underage drinking.

Sponsored by:
Representative(s) Gingery and Senator(s) Sessions

A BILL

for

AN ACT relating to
alcohol; creating an offense for persons under age twenty-one (21) years who attempt or gain admittance to liquor dispensing rooms or drive-in liquor areas as specified;
expanding
offenses for persons under the age of twenty-one (21) years who possess or consume alcohol; providing penalties; providing for prima facie evidence; providing a definition; limiting possession or consumption of alcohol by a person under the age of twenty-one (21) years in the presence of a parent or guardian as specified;
and providing for an effective date.

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

Section 1.

W.S.
12
‑
6
‑
101 by creating new subsection
s
(c) through (e)
,
by amending and renumbering (c) as (f) by renumbering
(d) and
(e) as
(g) and
(h) and by creating new subsections (j) and (k)
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.

(c)

Except as otherwise provided in this act, no person under the age of twenty-one (21) years shall:

(i)

Purchase or attempt to purchase any alcohol;

(ii)

Solicit another person to purchase alcohol;

(iii)

Possess any alcohol;

(iv)

Consume any alcohol; or

(v)

Have measurable blood, breath or urine alcohol concentration in his body.

(d)

This section shall not apply to possession or consumption of alcohol by a person under the age of twenty-one (21) years in accordance with this title:

(i)

For medicinal purposes if the alcohol is furnished by:

(A)

The person's parent or legal guardian; or

(B)

The person's physician or dentist; or

(ii)

As part of a church's or religious organization's religious services.

(e)

The prohibitions against possession of alcohol by a person under the age of twenty-one (21) years specified in this section shall not apply:

(i)

When the person is making a delivery of alcohol pursuant to his employment;

(ii)

When the person is serving alcohol pursuant to his employment in a restaurant which holds a license to serve alcohol, if the person is at least eighteen (18) years of age. The term "serving" in this paragraph does not include the mixing or dispensing of alcoholic beverages; or

(iii)

To a person who is a licensee under this title.

(c)
(f)

Any person under the age of twenty-one (21) years who attempts in any manner to purchase
alcoholic or malt beverages

alcohol
or who falsifies any identification or uses any false identification in order to obtain
alcoholic or malt beverages

alcohol
is guilty of a misdemeanor.

(d)
(g)

Any person who violates this section, or aids, abets or incites any violation hereof, is guilty of a misdemeanor.

(e)
(h)

A motor vehicle driver's license issued by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or by an official governmental agency of Canada or Mexico, a permanent resident card issued by the United States citizenship and immigration services, an identification card issued to a member of the armed forces, an internationally accepted passport document with a discernible date of birth and photograph or an identification card issued by the department of transportation is prima facie evidence of the age and identity of a person. Proof that a licensee or his employee or agent demanded, was shown and acted in reasonable reliance upon the information contained in any one (1) of the above documents as identification is a defense to any criminal prosecution or action for the suspension or revocation of a license.

(j)

Evidence that the defendant was under the age of twenty-one (21) years and manifested any of the characteristics commonly associated with alcohol intoxication or impairment, including having any measurable alcohol concentration on a portable breath testing device generally accepted in the scientific community for measuring alcohol concentration, shall constitute prima facie evidence of a violation of subsection (c) of this section.

(k)

For purposes of this section, "alcohol" means any substance which is or contains alcohol. During a trial for a violation of subsections (c) through (
f
) of this section, any bottle, can or other container with labeling indicating the contents of the bottle, can or other container shall be admissible into evidence and the information contained on any label on the bottle, can or other container shall be admissible into evidence and shall not constitute hearsay. The court may consider the information upon the label in determining whether the contents of the bottle, can or other container were composed in whole or in part of alcohol. A label which identifies the contents of any bottle, can or other container as "beer", "ale", "malt beverage", "fermented malt beverage", "malt liquor", "wine", "champagne", "whiskey" or "whisky", "gin", "vodka", "tequila", "schnapps", "brandy", "cognac", "liquor", "cordial", "rum", "applejack", "eisbier", "meads", "alcohol" or "liquor" shall constitute prima facie evidence that the contents of the bottle, can or other container was composed in whole or in part of alcohol.

Section 2.

W.S. 12
‑
6
‑
101(a) and (b)
is
repealed.

Section
3
.

This act is effective July 1, 2009.

(END)

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HB0274