[Adopted 7-1-2013 by Ord. No. 2013-2]
A.
Underage possession. Any person who has not reached their 21st birthday
and has in their possession any beverage as defined in Title 3 of
the Rhode Island General Laws shall be fined $150 to $500 for the
first offense, $300 to $500 for the second offense, and $450 to $500
for the third or subsequent offense. In addition, any person who violates
this section shall be required to perform up to 30 hours of community
service and may be ordered to undergo an alcohol and drug awareness
program approved by the Municipal Court.
[Amended 7-15-2013 by Ord. No. 2013-8]
(1)
Any person who fails to complete the mandatory alcohol awareness
program shall be subject to a fine of $500.
(2)
The Municipal Court, in the exercise of its discretion, can substitute,
in lieu of the fine imposed for a first violation, the payment of
the amount of $350, to be used as the fee for completing an alcohol
awareness program.
B.
Misrepresentation by underage person.
(1)
A person who has not reached their 21st birthday to enter any premises
licensed for the retail sale of alcoholic beverages for the purpose
of purchasing or having served or delivered to them alcoholic beverages;
or
(2)
A person who has not reached their 21st birthday to consume any alcoholic
beverage on premises licensed for the retail sale of alcoholic beverages
or to purchase, attempt to purchase, or have another purchase for
them any alcoholic beverage; or
(3)
A person to misrepresent or misstate their age, or the age of any
other persons, or to misrepresent their age through the presentation
of any of the following documents:
(a)
An armed service identification card, valid passport, the identification
card license, or any other documentation used for identification purposes
that may belong to any other person who is 21 years or older;
(b)
A motor vehicle operator's license which bears the date of birth
of the licensee, and which is issued by this state or any other state;
(4)
Any person who violates this subsection shall be punished for the
first offense by a mandatory fine of not less than $100 nor more than
$500 and shall be required to perform up to 30 hours of community
service; for the second offense within a twelve-month period, by a
mandatory fine of not less than $200 nor more than $500 and shall
be required to perform up to 40 hours of community service; and for
the third and subsequent offenses within a twenty-four-month period,
by a mandatory fine for each offense of not less than $300 nor more
than $500 and shall be required to perform up to 50 hours of community
service.
C.
Social host.
(1)
FURNISH
PERMIT
PROCURE
As used in this section:
[Amended 7-15-2013 by Ord. No. 2013-8]
To provide with, supply, give or purchase.
To give permission for, or approval of, the possession or
consumption of an alcoholic beverage by any form of conduct that would
cause a reasonable person to believe that permission or approval has
been given.
To get possession of, obtain by particular care and effort.
(2)
Except as otherwise provided in Subsection C(3) of this section, it is unlawful for any person 21 years of age or older to:
[Amended 7-15-2013 by Ord. No. 2013-8]
(a)
Purchase from any licensee or any employee of a licensee any
alcoholic beverage for the sale, delivery, service of or giving away
to, any person who has not reached their 21st birthday;
(b)
Purchase from any licensee or any employee of any licensee any
alcoholic beverage with the intent to cause or permit said alcoholic
beverage to be sold or given to any person who has not reached their
21st birthday;
(c)
Knowingly furnish any alcoholic beverage for the sale, delivery,
service of or giving to any person who has not reached their 21st
birthday;
(d)
Procure alcoholic beverages for the sale, delivery, service
of or giving to any person who has not reached their 21st birthday;
or
(e)
Otherwise permit the consumption of alcohol by underage persons
in their residence or on their real property.
(3)
This section does not apply to use, consumption or possession of
alcoholic beverages by a minor for religious purposes; or to a parent
or legal guardian procuring or furnishing alcohol to, or permitting
the consumption of alcohol by, their minor child or ward.
(4)
Any person who violates this subsection will be subject to the following
penalties:
(a)
Any person who violates this subsection and either pleads nolo
contendere or is convicted of a first offence shall be fined not less
than $350 nor more than $500 and must attend and successfully complete
an alcohol and drug awareness program approved by the Municipal Court
and may further be subject to up to 30 hours of community service.
(b)
Any person who violates this subsection and either pleads nolo
contendere or is convicted of a second offense with a twelve-month
period shall be fined not less than $500 and shall attend and successfully
complete an alcohol and drug awareness program approved by the Municipal
Court and shall be subject to up to 30 hours of community service.
(c)
The Municipal Court, in the exercise of its discretion, can
substitute, in lieu of the fine imposed for a first violation, the
payment of the amount of $350, to be used as the fee for completing
an alcohol awareness program. Any person who fails to complete the
mandatory alcohol awareness program shall be subject to a fine of
$500.
(d)
Any person who fails to complete the mandatory alcohol awareness
program shall be subject to a fine of $500.
(e)
The Municipal Court, in the exercise of its discretion, can
substitute, in lieu of the fine imposed for a first violation, the
payment of the amount of $350, to be used as the fee for completing
an alcohol awareness program.
(5)
Any person between the ages of 18 and 21 who violates this subsection
may, upon conviction, be subject to a civil penalty of not more than
$350. In addition, any person convicted may be required to attend
an educational program, approved by the Municipal Court, designed
to recognize the damages of underage drinking and may be subject to
up to 30 hours of community service.
[Added 7-15-2013 by Ord. No. 2013-8]
D.
Underage consumption. Any person who has not reached their 21st birthday and who has consumed any alcoholic beverage as defined in Title 3 of the Rhode Island General Laws shall be fined as set forth below in Subsection D(3).
(1)
Any police officer who has reasonable suspicion to believe that a
person under 21 years of age has consumed any alcoholic beverage,
to include the odor or presence of alcoholic beverages upon the breath
of said person, may request that the person submit to a preliminary
chemical breath analysis and/or submit such person to a standardized
field sobriety test.
(2)
The results of any preliminary chemical breath analysis or standardized
field sobriety test may be admissible as evidence and may be used
to determine whether the person has consumed an alcoholic beverage(s)
internally.
(3)
Any person who violates this subsection will be subject to the following
penalties:
(a)
Any person found guilty of this subsection shall be fined up
to $150 for the first offense and must attend and successfully complete
an alcohol and drug education awareness program approved by the Municipal
Court.
(b)
Any person who commits a second violation of this subsection
within a twelve-month period shall be subject to a fine of $250 and
perform up to 30 hours of community service.
(c)
Any person who commits a third and subsequent violations of
this section within a twenty-four-month period shall be subject to
a fine of $500 and complete a substance abuse assessment by a licensed
substance abuse professional (and complete all necessary treatment
ordered by the Municipal Court).
(d)
Any person who fails to complete the mandatory alcohol awareness
program shall be subject to a fine of $500.
(e)
The Municipal Court, in the exercise of its discretion, can
substitute, in lieu of the fine imposed for a first violation, the
payment of the amount of $350, to be used as the fee for completing
an alcohol awareness program.
[Amended 7-15-2013 by Ord. No. 2013-8]
(4)
This subsection does not apply to the consumption or possession of
alcoholic beverages by a person who has not reached their 21st birthday
if for religious purposes:
