Underage drinking.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0013

ENROLLED ACT NO. 6, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

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 exceptions; providing penalties; providing for prima facie evidence; providing a definition;
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 subsections (c) through (e), by renumbering
(c),
(d) and (e) as
(f),
(g) and (h) and by creating
a
new subsection (j) 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
title
, no person under the age of twenty-one (21) years shall:

(i)

Purchase or attempt to purchase any
alcoholic liquor or malt beverage
;

(ii)

Solicit another person to purchase
alcoholic liquor or malt beverage
;

(iii)

Possess any

alcoholic liquor or malt beverage
;

(iv)

Consume any
ethyl
alcohol; or

(v)

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

(d)

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

(i)

Who is in the physical presence of his parent
, spouse
or legal guardian
who is twenty-one (21) years of age or older
;

(ii)

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

(iii)

For medicinal purposes if the
alcoholic liquor, malt beverage or
ethyl
alcohol is furnished:

(A)

By t
he person's parent
, spouse
or legal guardian
who is twenty-one (21) years of age or older
; or

(B)

Pursuant to a lawful prescription
.

(e)

The prohibitions against possession of
alcoholic liquor or malt beverages
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
alcoholic liquor or malt beverages
pursuant to his employment;

(ii)

When the person is serving
alcoholic liquor or malt beverages
pursuant to his employment in a restaurant which holds a license to ser
ve

alcoholic liquor or malt beverages
, 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
or who falsifies any identification or uses any false identification in order to obtain
alcoholic or malt beverages
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
)

For purposes of this section, "
ethyl
alcohol" means any substance which is or contains
ethyl
alcohol.

Section
2
.

W.S. 12
‑
6
‑
101(b) is repealed.

Section
3
.

This act is effective July 1, 20
10
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1