Bill seeks tougher law vs. use of alcohol by minors

A proposed law will seek stiffer penalties against violations of the regulations on the consumption of alcoholic drinks and increase enforcement in an effort to curb incidence of underage drinking on the islands.

If HB 12-117 is signed by the governor into law, it will allow authorities to carry out undercover operations by tapping minors as decoy in apprehending establishment serving or selling alcohol to those under the age of 21.

Offered by Rep. Dino M. Jones, the measure, otherwise known as the “Alcoholic Beverage Control Act” is aimed at updating laws and regulations which have not been revised since Trust Territory days.

There are contradictions with other newer laws, confusing enforcement provisions and an ineffective management scheme, according to the bill.

The proposal will then bring fees and fines up to current levels and reduce contradictions with other laws, while mandating severe punishment for both underage users and the establishments.

Under the legislation, license fees will be slashed by as much as 80 percent, but filing fee deposit of $50 for new and renewal of license will be imposed as well as $25 for changes or replacement to existing license.

Revenues generated from this will be earmarked for enforcement training program of the Alcohol Beverage and Tobacco Control Division of the Department of Commerce as well as purchase of vehicles and equipment.

No license will be issued to any establishments that display pornographic materials and even posters, banner , streamers and other materials depicting a brand of alcohol that is intended to sell such products.

Serving or selling alcohol to minors and at a time beyond the restricted hours — 2:00 a.m. for in-house and 10:00 p.m. for retail stores — will be strictly followed.

Violations will constitute a misdemeanor punishable of up to 90 days imprisonment and/or fine of not more than $2,500, a penalty up from $500 under existing laws.

A five-man board appointed by the governor will be tasked to promulgate rules and regulations, and will have the power to approve or reject applications for license as well as in revoking existing permits.

All the enforcement officers and investigators of the ABTC division will be deputized and empowered to make arrests for violations.

As an enforcement measure, they can tap minors as volunteer decoy to apprehend violators of the strict regulation against selling or serving alcohol to persons below 21 years of age.

HB 12-117, passed this week by both the Senate and the House, is now up to Gov. Pedro P. Tenorio for signing into law.