A.Â
It shall be unlawful for any licensee or officer, associate, member,
representative, agent, or employee of the licensee or for any other
person to sell, give, or deliver alcoholic beverages to any person
who has not yet attained his or her 21st birthday.
B.Â
Remaining on licensed premises.
(1)Â
Persons under the age of 21 shall be and are hereby prohibited from
remaining on the premises of a Class A or A-1 license liquor holder
in the area where alcoholic liquor is provided for consumption on
the premises after 9:00 p.m.
(2)Â
Persons under the age of 21 shall be allowed on the premises of a
Class A or A-1 liquor license holder in the area where alcoholic liquor
is provided for consumption on the premises only if accompanied by
and under the direct supervision of a parent or guardian. No person
under the age of 21, even if accompanied by a parent or guardian,
shall remain on the premises of a Class A or A-1 liquor license holder
in the area where alcoholic liquor is provided for consumption on
the premises after 9:00 p.m.
(3)Â
This section shall not prohibit persons under the age of 21 years
of age from remaining on a general area of a premises of a Class A
or A-1 liquor license holder that is primarily used for a secondary
purpose, such as bowling lanes, even though alcoholic liquor may be
consumed in the general area.
(4)Â
It shall be a separate offense for the Class A liquor license holder,
bartender, or manager to allow persons under the age of 21 to remain
on the premises without a parent or guardian or after the hour of
9:00 p.m. as defined by this section, and for the minor to remain
on the premises without a parent or guardian or after 9:00 p.m. in
violation of this section. In the event of a violation of this section,
citations may be issued to the minor, the parent or guardian, or the
Class A or A-1 liquor license holder, bartender, or Class A or A-1
liquor license holder manager.
A.Â
No licensee nor any officer, associate, member, representative, agent,
or employee of the licensee shall sell, give, or deliver alcoholic
liquor to any person under the age of 21 years. No person, after purchasing
or otherwise obtaining liquor, shall sell, give, or deliver the alcoholic
liquor to another person under the age of 21 years, except in the
performance of a religious ceremony or service.
[Amended 7-27-2016 by Ord. No. 16-16]
B.Â
For the purpose of preventing the violation of this section, any
licensee, or his or her agent, or employee may refuse to sell or serve
alcoholic beverages to any person who is unable to produce adequate
written evidence of identity and of the fact that he or she is over
the age of 21 years.
C.Â
Adequate written evidence of age and identity of the person is a
document issued by a federal, state, county, or municipal government
or subdivision or agency thereof, including but not limited to a motor
vehicle operator's license, a registration certificate issued under
the Federal Selective Service Act, or an identification card issued
to a member of the Armed Forces. Proof that the defendant-licensee
or his or her employee or agent demanded, was shown, and reasonably
relied upon such written evidence in any transaction forbidden by
this section is competent evidence and may be considered in any criminal
prosecution therefor or in any proceedings for the suspension or revocation
of any license based thereon.
D.Â
Any person under the age of 21 years who presents or offers to any
licensee, his or her agent, or employee any written, printed, or photostatic
evidence of age and identity which is false, fraudulent, or not actually
his or her own for the purpose of ordering, purchasing, attempting
to purchase, or otherwise procuring or attempting to procure the serving
of any alcoholic beverage or who has in his or her possession any
false or fraudulent written, printed, or photostatic evidence of age
and identity is guilty of a misdemeanor.
E.Â
Any person under the age of 21 years who has any alcoholic beverage
in his or her possession on any street or highway or in any public
place or in any place open to the public is guilty of a misdemeanor.
This subsection does not apply to possession by a person under the
age of 21 years making a delivery of an alcoholic beverage in pursuance
of the order of his or her parent or in pursuance of his or her employment.
F.Â
No person to whom the sale, gift, or delivery of any alcoholic liquor
is prohibited because of age shall purchase or accept a gift of such
alcoholic liquor or have such alcoholic liquor in his or her possession.
G.Â
If a licensee or his or her agents or employees believes or has reason
to believe that a sale or delivery of any alcoholic liquor is prohibited
because of the non-age of his or her prospective recipient, he or
she shall, before making such sale or delivery, demand presentation
of some form of positive identification, containing proof of age,
issued by a public officer in the performance of his or her official
duties.
H.Â
No person shall transfer, alter, or deface such an identification
card; use the identification card of another; carry or use a false
or forged identification card; or obtain an identification card by
means of false information. No person shall purchase or accept delivery
or have possession of alcoholic liquor in violation of this section.
The consumption of alcoholic liquor by any person under 21 years of
age is forbidden. Whoever violates any provisions of this section
shall be guilty of a misdemeanor.
I.Â
The possession and dispensing, or consumption by a minor of alcoholic
liquor in the performance of a religious service or ceremony, or the
consumption by a minor in the privacy of a home, is not prohibited
by this section.