Section 04.16.065. Civil penalty for violations of AS 04.16.060.

   (a) A person who has attained 18 years of age, or an emancipated minor, who violates AS 04.16.060 is, in addition to any criminal penalty provided by law, liable in a civil action to the licensee for a penalty of $1,500 plus costs and reasonable attorney fees.
   (b) A person, having legal custody of an unemancipated minor who solicits another person to violate AS 04.16.060, is liable in a civil action for a penalty of $1,000, plus costs and reasonable attorney fees, to the licensee from whom the other person purchased, ordered, or received an alcoholic beverage in violation of AS 04.16.060.
   (c) It is a condition precedent to maintaining an action under this section that the owner or seller of the merchandise send by first class mail to the defendant at the defendant's last known address 15 days or more before the action is commenced a notice demanding the relief authorized. The board may adopt regulations prescribing the form of this notice. It is not a condition precedent to maintaining an action under this section that the person who violated AS 04.16.060 or solicited a violation was charged or convicted under any statute or ordinance.
   (d) In this section, "emancipated minor" means a minor whose disabilities have been removed for general purposes under AS 09.55.590.

Authorities

04.16.060

Notes

History

(Sec. 1 ch 129 SLA 2004; am Sec. 2 ch 86 SLA 2010)