Chapter 6 - Minors
CHAPTER 6 - MINORS
12-6-101. Sale or possession prohibited; when possession unlawful; publicdrunkenness; falsification of identification; penalty; prima facieidentification as defense.
(a) Any person who sells, furnishes, gives or causes to besold, furnished or given away any alcoholic liquor or malt beverage to anyperson under the age of twenty-one (21) years, who is not his legal ward,medical patient or member of his own immediate family, is guilty of amisdemeanor. This subsection does not apply to sales by the commission or awholesaler to a licensee under this title.
(b) Repealed By Laws 2010, Ch. 6, 2.
(c) Except as otherwise provided in this title, no person underthe age of twenty-one (21) years shall:
(i) Purchase or attempt to purchase any alcoholic liquor ormalt beverage;
(ii) Solicit another person to purchase alcoholic liquor or maltbeverage;
(iii) Possess any alcoholic liquor or malt beverage;
(iv) Consume any ethyl alcohol; or
(v) Have measurable blood, breath or urine alcoholconcentration in his body.
(d) This section shall not apply to possession of alcoholicliquor or malt beverages or consumption of ethyl alcohol by a person under theage of twenty-one (21) years in accordance with this title:
(i) Who is in the physical presence of his parent, spouse orlegal guardian who is twenty-one (21) years of age or older;
(ii) As part of a church's or religious organization's religiousservices; or
(iii) For medicinal purposes if the alcoholic liquor, maltbeverage or ethyl alcohol is furnished:
(A) By the person's parent, spouse or legal guardian who istwenty-one (21) years of age or older; or
(B) Pursuant to a lawful prescription.
(e) The prohibitions against possession of alcoholic liquor ormalt beverages by a person under the age of twenty-one (21) years specified inthis section shall not apply:
(i) When the person is making a delivery of alcoholic liquor ormalt beverages pursuant to his employment;
(ii) When the person is serving alcoholic liquor or maltbeverages pursuant to his employment in a restaurant which holds a license to servealcoholic liquor or malt beverages, if the person is at least eighteen (18)years of age. The term "serving" in this paragraph does not includethe mixing or dispensing of alcoholic beverages; or
(iii) To a person who is a licensee under this title.
(f) Any person under the age of twenty-one (21) years whoattempts in any manner to purchase alcoholic or malt beverages or who falsifiesany identification or uses any false identification in order to obtainalcoholic or malt beverages is guilty of a misdemeanor.
(g) Any person who violates this section, or aids, abets orincites any violation hereof, is guilty of a misdemeanor.
(h) A motor vehicle driver's license issued by any state,territory or possession of the United States, the District of Columbia, theCommonwealth of Puerto Rico or by an official governmental agency of Canada orMexico, a permanent resident card issued by the United States citizenship andimmigration services, an identification card issued to a member of the armedforces, an internationally accepted passport document with a discernible dateof birth and photograph or an identification card issued by the department oftransportation 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 inreasonable reliance upon the information contained in any one (1) of the abovedocuments as identification is a defense to any criminal prosecution or actionfor the suspension or revocation of a license.
(j) For purposes of this section, "ethyl alcohol"means any substance which is or contains ethyl alcohol.
12-6-102. Transporting or possessing in motor vehicle with intent tofurnish to person under 21; penalties.
(a) No person who is at least twenty-one (21) years of ageshall transport, or have in his possession or control, any alcoholic liquor ormalt beverage, with the intent of furnishing the same to any person under theage of twenty-one (21) years, while operating or occupying a motor vehicle.
(b) Any person who violates subsection (a) of this section isguilty of a misdemeanor and upon conviction shall be punished by a fine of notless than one hundred dollars ($100.00) nor more than one thousand dollars($1,000.00), imprisonment in the county jail for not more than one (1) year, orboth. Upon a second or any subsequent conviction under this subsection theperson is guilty of a felony and shall be punished by imprisonment in the statepenitentiary for a term not exceeding five (5) years.
(c) In addition to the penalty provided in subsection (b) ofthis section the division of motor vehicles shall suspend, for a period of one(1) year, the driver's license and automobile registration of any personconvicted of operating a motor vehicle in violation of this section. Thelicense suspension shall not run concurrent with any term of imprisonment, ifimposed, but shall commence on the last day of incarceration.
12-6-103. Compliance.
(a) The department of health, working with local law enforcementagencies and other local individuals and organizations shall be the lead agencyin the administration of this article. Nothing contained in this section shallbe construed to limit or otherwise alter the authority granted to thedepartment of revenue under any other provision of title 12.
(b) The department of health shall develop strategies tocoordinate and support local law enforcement efforts in the enforcement of allstate statutes relating to the prohibition of the sale of alcohol products tominors.
(c) The department of health shall have discretion to work withlocal agencies and individuals in the coordination of local education,prevention and enforcement efforts that appropriately reflect the needs of thecommunity.
(d) For purposes of this section, the term "compliancecheck" shall mean an inspection conducted pursuant to the provisions ofthis section for purposes of education or enforcement of laws prohibiting thesale of alcohol to minors. The use of persons age eighteen (18) to twenty-one(21) during compliance checks is authorized subject to the following:
(i) A person participating in a compliance check shall, ifquestioned, state his true age and that he is less than twenty-one (21) yearsof age;
(ii) The person's appearance shall not be altered to make himappear to be twenty-one (21) years of age or older;
(iii) Neither a person age eighteen (18) to twenty-one (21) norhis parents or guardians shall be coerced into participating in suchinspections;
(iv) In the event that a citation may result the personconducting the compliance check shall photograph the participant immediatelybefore the compliance check and any photographs taken of the participant shallbe retained by the person conducting the compliance check;
(v) Any participant or adult aiding a participant in acompliance check under this section shall be granted immunity from prosecutionunder W.S. 12-6-101 and 12-5-203.
(e) The person conducting a compliance check under this sectionshall:
(i) Remain within sight or sound of the participant attemptingto make the purchase;
(ii) Immediately inform in writing a representative or agent ofthe business establishment that a compliance check has been performed and theresults of the compliance check;
(iii) If the compliance check may result in a citation, withintwo (2) days, prepare a report of the compliance check containing:
(A) The name of the person who supervised the compliance check;
(B) The age and date of birth of the participant who assistedin the compliance check;
(C) The name and position of the person from whom theparticipant attempted to purchase alcoholic beverages;
(D) The name and address of the establishment checked;
(E) The date and time of the compliance check; and
(F) The results of the compliance check, including whether thecompliance check resulted in the sale or distribution of, or offering for sale,alcoholic beverages to the minor.
(iv) Immediately upon completion of the report required underthis subsection, provide a copy of the report to a representative or agent ofthe business establishment that was checked;
(v) Request a law enforcement officer to issue a citation forany illegal acts relating to providing alcoholic beverages to minors during thecompliance check.