[R.O. 2008 §170.280; Ord. No. 2336, 4-24-2007]
The City Council of the City of Olivette has found and determined
that unsupervised gatherings where alcoholic beverages or controlled
substances are in the possession of, consumed by or delivered to minors
constitute a potential hazard to the health, safety and welfare of
those in attendance at such gatherings and for others. The City Council
has further found and declared that the supervision of parties, gatherings
or events attended by minors is necessary in order to safeguard the
peace, health, safety or general welfare of the public.
[R.O. 2008 §170.282; Ord. No. 2336, 4-24-2007]
For the purpose of this Section, the following definitions shall
apply:
Any beverage constituting intoxicating liquor, light wines, malt liquor or non-intoxicating beer as those terms are defined in Chapter 600 of the Code of Ordinances of the City of Olivette.
Any drug, substance or immediate precursor defined or described
as such in Section 195.010, RSMo., as may be amended or revised from
time to time.
The gift or exchange of an alcoholic beverage or controlled
substance from one person to another.
Any person under the age of twenty-one (21) years.
A natural or adoptive parent or a guardian or the adult designee
of either of them.
An assemblage or a group of persons for a social occasion
or for a social activity.
An adult who owns, leases, rents or is otherwise the lawful
occupant of any premises or the adult designee thereof.
Any medical professional or other person, as defined or described
in Section 195.010, RSMo., as may be amended or revised from time
to time.
[R.O. 2008 §170.284; Ord. No. 2336, 4-24-2007]
A.
It
shall be unlawful for any person to knowingly or negligently permit,
on or in a premises under his or her control, the consumption of alcoholic
beverages or controlled substances by a minor; except that this Section
shall not apply to the following:
1.
The delivery of alcoholic beverages to a minor or the consumption
of alcoholic beverages by a minor in connection with the performance
of any bona fide religious service under the supervision of an adult,
with the consent of the person in control of the premises.
2.
The delivery of an alcoholic beverage to a minor, by that minor's
parent and under the direct supervision of the parent.
3.
The possession or consumption of, or the delivery to a minor of,
a controlled substance prescribed for that minor by a practitioner,
when such delivery is by that minor's parent or by the person in control
of the premises, provided that he or she has obtained the prior consent
of that minor's parent.
[R.O. 2008 §170.286; Ord. No. 2336, 4-24-2007]
It shall be unlawful for any person in control of a premises
to leave a premises when it is reasonably foreseeable that said premises
may be used for a gathering at which alcoholic beverages or controlled
substances may be in the possession of or consumed by minors.
[R.O. 2008 §170.288; Ord. No. 2336, 4-24-2007]
It shall be unlawful for any owner or agent, employee or contractor thereof to rent any room, rooms, apartment or any building or portion of a building to a minor or to any adult when it is reasonably foreseeable that said person will leave the said premises or reasonably foreseeable that said premises may be used for a gathering at which alcoholic beverages or controlled substances may be in possession of or consumed by minors except as provided in Section 215.2030(A)(1) through (3) of this Division.
[R.O. 2008 §170.290; Ord. No. 2336, 4-24-2007]
Any person in control of a premises at which alcoholic beverages
or controlled substances are in the possession of or are being consumed
by minors shall cause all persons in or on said premises who are not
lawful residents thereof to disperse not more than fifteen (15) minutes
after personally receiving an order to do so, issued by a Peace Officer.
[R.O. 2008 §170.292; Ord. No. 2336, 4-24-2007]
Any person or persons convicted of violating the provisions
of this Division shall be fined an amount not to exceed one thousand
dollars ($1,000.00) and/or serve up to ninety (90) days in jail for
each offense; except that for third (3rd) and subsequent violations
by the same person or persons, the fine shall be not less than one
thousand dollars ($1,000.00) and a sentence of zero (0) through (90)
days in jail for each offense.
