[Adopted 9-9-2013]
The Montello City Council intends to discourage underage possession and consumption of alcohol and intends to hold persons civilly responsible who host events or gatherings, even if done within the confines of a private residence, where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The Montello City Council finds:
A. 
Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement.
B. 
Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions.
C. 
Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user.
D. 
Often, events or gatherings involving underage possession and consumption occur without the knowledge of parents. However, there are times when the parent(s) or other adult is/are aware, condone(s) or is/are present during the activity and, in some circumstances, provide the alcohol.
E. 
A deterrent effect will be created by holding a person, adult, or child, responsible for hosting an event or gathering where underage possession or consumption occurs.
For purposes of this article, the following terms have the following meanings:
ALCOHOL
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE
Alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains 1/2 of 1% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
EVENT or GATHERING
Any group of three or more persons who have assembled or gathered together for a social occasion or other activity.
HOST or ALLOW
To aid, conduct, entertain, organize, supervise, control or permit a gathering or event.
IN CONTROL
The power to direct, manage, oversee and/or restrict the affairs, business or assets of a person or entity.
PRESENT
Being at hand or in attendance.
RESIDENCE, PREMISES or PUBLIC OR PRIVATE PROPERTY
Any home, yard, farm, field, land, apartment, condominium, hotel or motel room or other dwelling unit, or a hall or meeting room, park or any other place of assembly, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented or used with or without permission or compensation.
RESPONSIBLE ADULT
One of the following:
A. 
PARENTAny person having legal custody of a juvenile:
(1) 
As natural, adoptive parent or stepparent;
(2) 
As a legal guardian; or
(3) 
As a person to whom legal custody has been given by order of the court.
B. 
An adult, 18 years of age or older associated with the event or gathering, either by hosting or allowing the gathering or event, or by providing alcohol for the gathering or event.
UNDERAGE PERSON
Any individual under 21 years of age.
A. 
It is unlawful for any person(s) to: host or allow an event or gathering at any residence, premises or on any other private or public property where alcohol or alcoholic beverages are present when the person knows that an underage person will or does consume any alcohol or alcoholic beverage; or possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s).
(1) 
A person is responsible for violating Subsection A above if the person intentionally aids, advises, hires, counsels or conspires with or otherwise procures another to commit the prohibited act.
(2) 
A person who hosts an event or gathering does not have to be present at the event or gathering to be responsible.
A. 
This article does not apply to conduct solely between an underage person and his or her parents while the parent is present and in control of the underage person.
B. 
This article does not apply to legally protected religious observances.
C. 
This article does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.
A person who violates any provision of this article is subject to a forfeiture of not less than $1,000 nor more than $5,000, together with the costs of prosecution. A person who is in default of payment is subject to imprisonment in the county jail until the forfeiture and costs are paid.