[HISTORY: Adopted by the City Council of the City of New
Buffalo 4-18-1995 by Ord. No. 101. Amendments noted where applicable.]
A.
A
person less than 21 years of age shall not purchase alcoholic liquor,
consume alcoholic liquor in a licensed premises, possess alcoholic
liquor or transport or have under their control in any motor vehicle
any alcoholic liquor, unless such person is employed by a licensee
of the Liquor Control Commission, a common carrier designated by the
Commission, or an agent of the Liquor Control Commission and is transporting
or having the alcoholic liquor in a motor vehicle under the person's
control during regular working hours and in the course of the person's
employment.
B.
A
person less than 21 years of age who violates this section is liable
for the following civil fines:
(1)
For the first violation a fine of not more than $25.
(2)
For a second violation a fine of not more than $50, or participation
in substance abuse prevention services, or both.
(3)
For a third or subsequent violation a fine of not more than $100,
or participation in substance abuse prevention services, or both.
Any person who willfully gives or furnishes any alcoholic beverages
including wine or beer to a minor (any person under 21 years of age)
except upon authority of and pursuant to prescription of a duly licensed
physician, shall be guilty of a misdemeanor, punishable as provided
in Section 3-5 of this chapter.
No minor child under 17 years of age shall be permitted to remain
in any dance hall, saloon, barroom, or any place where any spirituous
or intoxicating liquor, or any wine or beer, or any beverage liqueur
or liquors containing any spirituous or intoxicating liquor, beer,
or malt liquor is sold, given away, or furnished for a beverage, unless
such minor is accompanied by a parent or guardian. Any proprietor,
keeper, or manager of any such place who shall permit such minor child
to remain in any such place, and any person who shall encourage or
induce in any way such minor child to enter such place or to remain
therein shall be deemed guilty of a misdemeanor, punishable as provided
in Section 3-5 of this chapter.
A person who furnishes fraudulent identification to a person
less than 21 years of age, or a person less than 21 years of age who
uses fraudulent identification to purchase alcoholic liquor, is guilty
of a misdemeanor. The court shall order the Secretary of State to
suspend, for a period of 90 days, the operator or chauffeur license
of a person who is convicted or using fraudulent identification in
violation of this section and the operator or chauffeur license of
that person shall be surrendered to the court. This provision is in
addition to any penalties imposed under Section 3-5 of this chapter.
Violation of any of the provisions of this chapter shall be
deemed a misdemeanor except where otherwise provided, punishable by
a fine not to exceed $100, or imprisonment for 90 days, or both, in
the discretion of a court of competent jurisdiction; provided, that
in the case of any minor who is less than 17 years of age and who
has violated the provisions of this chapter, such minor shall be punished
in accordance with the statutes of the state relating to criminal
acts of persons less than 17 years of age.
