(a) A person who has attained 18 years of age, or an emancipated minor, who violates Alaska Stat. § 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.

Terms Used In Alaska Statutes 04.16.065

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Statute: A law passed by a legislature.
(b) A person, having legal custody of an unemancipated minor who solicits another person to violate Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. § 09.55.590.