Section 04.16.051. Furnishing or delivery of alcoholic beverages to persons under the age of 21.

   (a) A person may not furnish or deliver an alcoholic beverage to a person under the age of 21 years. This subsection does not apply to a licensee or an agent or employee of a licensee while working on licensed premises.
   (b) This section does not prohibit the furnishing or delivery of an alcoholic beverage
        (1) by a parent to the parent's child, by a guardian to the guardian's ward, or by a person to the legal spouse of that person if the furnishing or delivery occurs off licensed premises; or
        (2) by a licensed physician or nurse to a patient in the course of administering medical treatment.
   (c) Acts unlawful under AS 11.51.130 are not made legal by (b) of this section.
   (d) A person acting with criminal negligence who violates this section is guilty of a class C felony if
        (1) within the five years preceding the violation, the person has been previously convicted under
             (A) this section; or
             (B) a law or ordinance of this or another jurisdiction with elements substantially similar to this section;
        (2) the person who receives the alcoholic beverage negligently causes serious physical injury to or the death of another person while under the influence of the alcoholic beverage received in violation of this section; in this paragraph,
             (A) "negligently" means acting with civil negligence; and
             (B) "serious physical injury" has the meaning given in AS 11.81.900; or
        (3) the violation occurs within the boundaries of a municipality or the perimeter of an established village that has adopted a local option under AS 04.11.491 and has not opted out of applying a class C felony to violations of this section under AS 04.11.491(g).

Authorities

4.11.491; 4.16.050; 4.16.057; 4.16.059; 4.21.020; 4.21.065

Notes

Recent Bills that will modify this

HB 185 ALCOHOLIC BEVERAGE CONTROL
SB 99 ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG

Implemented As

3 AAC 304.640
3 AAC 304.642
3 AAC 304.645
3 AAC 304.647
3 AAC 304.650

References

3 AAC 306.010
AS 4.11.491 .491">Sec. 04.11.491. Local options.
AS 4.16.050 .050">Sec. 04.16.050. Possession, control, or consumption by persons under 21 years of age.
AS 4.16.057 .057">Sec. 04.16.057. Permitting minor to illegally possess liquor in dwelling.
AS 4.16.059 .059">Sec. 04.16.059. Aggravated penalties for certain violations involving a person under 21 years of age and committed by a sex offender or child kidnapper.
AS 4.21.020 .020">Sec. 04.21.020. Civil liability of persons providing alcoholic beverages.
AS 4.21.065 .065">Sec. 04.21.065. Posting of warning signs.

History

(Sec. 3 ch 131 SLA 1980; am Sec. 9 ch 109 SLA 1983; am Sec. 7, 8 ch 156 SLA 1988; am Sec. 1 ch 50 SLA 1989; am Sec. 1 ch 46 SLA 1994; am Sec. 4 ch 90 SLA 2002; am Sec. 7 ch 124 SLA 2004; am Sec. 6 ch 75 SLA 2008)