Chapter 144

2010 -- H 7423 SUBSTITUTE A

Enacted 06/25/10

A N A C T

RELATING TO ALCOHOLIC BEVERAGES

Introduced By: Representatives D Caprio, Pacheco, Naughton, Gemma, and Gablinske

Date Introduced: February 09, 2010

It is enacted by the General Assembly as follows:

SECTION 1. Section 3-8-11.1 of the General Laws in Chapter 3-8 entitled "Regulation of

Sales" is hereby amended to read as follows:

3-8-11.1. Furnishing or procurement of alcoholic beverages for underage persons. --

(a) As used in this section: (1) "furnish" means to provide with, supply, give or purchase; (2)

"procure" means to get possession of, obtain by particular care and effort; and (3) "permit" means

to give permission for, or approval of, the possession or consumption of an alcoholic beverage by

any form of conduct, that would cause a reasonable person to believe that permission or approval

has been given.

      (b) Except as otherwise provided in subsection (c) (d) of this section it is unlawful for

any person twenty-one (21) years of age or older:

      (1) to purchase from any licensee or any employee of a licensee any alcoholic beverage

for the sale, delivery, service of or giving away to, any person who has not reached his or her

twenty-first (21st) birthday;

      (2) to purchase from any licensee or any employee of any licensee any alcoholic

beverage with the intent to cause or permit said alcoholic beverage to be sold, or given to any

person who has not reached his or her twenty-first (21st) birthday;

      (3) to knowingly furnish any alcoholic beverage for the sale, delivery, service of or

giving to any person who has not reached his or her twenty-first (21st) birthday;

      (4) to procure alcoholic beverages for the sale, delivery, service of or giving to any

person who has not reached his or her twenty-first (21st) birthday; or

      (5) to otherwise permit the consumption of alcohol by under-aged persons in his or her

residence or on his or her real property.

(c) Any person, between the ages of eighteen (18) and twenty-one (21) years of age,

who violates subsection (b) herein, may, upon conviction, be subject to a civil penalty of not

more than five hundred dollars ($500). In addition, any person convicted may be required to

attend an educational program approved by the department of health designed to recognize the

dangers of underaged drinking, and may be subject to up to thirty (30) hours of community

service.

(c)(d) This section does not apply to use, consumption or possession of alcoholic

beverages by a minor for religious purposes; or to a parent or legal guardian procuring or

furnishing alcohol to, or permitting the consumption of alcohol by, his or her minor child or ward.

(d)(e) Any person who violates section (b) of this section will be subject to the penalties

provided in section 3-8-11.2.

SECTION 2. This act shall take effect upon passage.

=======

LC01117/SUB A

=======