Chapter 10.09
CIVIL PENALTIES FOR PERSONS UNDER TWENTY-ONE YEARS OF AGE ILLEGALLY ENTERING LICENSED PREMISES
Sections:
10.09.010 Civil actions allowed to be filed by licensees against minors.
10.09.020 Sign required for warning minors.
10.09.030 Condition precedent to actions filed by licensees.
10.09.010 Civil actions allowed to be filed by licensees against minors.
If a person under the age of twenty-one years has not been allowed to enter and remain within licensed premises in violation of AS 04.16.052(2), such person who, with criminal negligence, enters premises licensed under AS Title 4 in violation of AS 04.16.049 through a door marked by a sign described in this chapters, in addition to any other penalty provided by law, liable in a civil action to the licensee for both a penalty of one thousand dollars and an award of reasonable attorney’s fees that may be made to the prevailing party in a civil action under Rule 82 of the Alaska Rules of Civil Procedure. (Ord. 98-10 §1(part), 1998).
10.09.020 Sign required for warning minors.
No action may be maintained under this chapter unless the person alleged to be liable under this chapter has entered the licensed premises through a door posted with a sign stating "Warning: It is a violation of AS 04.16.049 for persons under 21 to enter these premises without a parent, adult spouse, or court-appointed legal guardian. Violators will be sued and prosecuted." The lettering on the sign shall be at least one inch in height and the sign is to be posted so as to be clearly visible to a person approaching the door. (Ord. 98-10 §1(part), 1998).
10.09.030 Condition precedent to actions filed by licensees.
It is a condition to filing an action under this chapter that the licensee or an agent of the licensee send a notice demanding the relief authorized by this chapter to the person to be sued by first class mail at such person’s last known address fifteen days or more before the action is commenced. It is not a condition precedent to filing an action under this chapter that the person under the age of twenty-one years alleged to have entered licensed premises was charged or convicted under any statute or ordinance. (Ord. 98-10 §1(part), 1998).