[Ord. 1130-2008, 5-22-2008]
For the purposes of this chapter, the following definitions
shall apply:
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
from whatever source or whatever process produced.
Includes 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. This term includes intoxicating beverages and
"low point beer" as defined herein.
A party, gathering, or event, where a group of three or more
persons have assembled or are assembling for a social occasion or
social activity.
Includes beverages containing more than 3.2% alcohol by weight.
Includes beverages containing more than 1/2 of 1% alcohol
by volume, and not more than 3.2% alcohol by weight, including, but
not limited to, beer or cereal malt beverages obtained by the alcoholic
fermentation of an infusion of barley or other grain, malt, or similar
products.
Anyone under 21 years of age.
A person who is a natural parent, adoptive parent, foster
parent, or stepparent of another person.
Any residence or other private property or place including
any commercial or business premises.
The costs associated with responses by law enforcement, fire,
and other emergency response providers to a gathering, including,
but not limited to: a) salaries and benefits of law enforcement, code
enforcement, fire, or other emergency response personnel for the amount
of time spent responding to, remaining at, or otherwise dealing with
a gathering, and the administrative costs attributable to such response(s);
b) the cost of any medical treatment for any law enforcement, code
enforcement, fire, or other emergency response personnel injured responding
to, remaining at, or leaving the scene of a gathering; c) the cost
of repairing any City equipment property damaged, and the cost of
the use of any such equipment in responding to, remaining at, or leaving
the scene of a gathering; and d) other allowable costs related to
the enforcement of this chapter.
[Ord. 1130-2008, 5-22-2008]
Except as permitted by state law, it is unlawful for any minor
to:
[Ord. 1130-2008, 5-22-2008]
A.
It is the duty of any person having control of any premises, who
knowingly hosts, permits, or allows a gathering at said premises to
take all reasonable steps to prevent the consumption of alcoholic
beverages by any minor at the gathering. Reasonable steps are controlling
access to alcoholic beverages at the gathering; controlling the quantity
of alcoholic beverages present at the gathering; verifying the age
of persons attending the gathering by inspecting drivers' licenses
or other government issued identification cards to ensure that minors
do not consume alcoholic beverages while at the gathering; and supervising
the activities of minors at the gathering.
B.
It is unlawful for any person having control of any premises to knowingly
host, permit, or allow a gathering to take place at said premises
where at least one minor consumes an alcoholic beverage, whenever
the person having control of the premises either knows a minor has
consumed an alcoholic beverage or reasonably should have known that
a minor consumed an alcoholic beverage had the person taken all reasonable
steps to prevent the consumption of an alcoholic beverage by a minor
as set forth in this section.
C.
This section shall not apply to conduct involving the use of alcoholic
beverages that occurs exclusively between a minor and his or her parent
or legal guardian.
D.
Nothing in this section should be interpreted to prohibit any family
activity held in the confines of the family home from providing the
use of alcohol to immediate family members within the supervision
of parents and guardians. However, if a minor leaves such a family
gathering intoxicated and is found in public then said providers of
alcohol will be held responsible in the same manner as a nonfamily
gathering.
E.
Nothing in this section should be interpreted to prohibit any religious
practice which includes the use of alcohol. However, if a minor leaves
such a religious gathering intoxicated and is found in public then
said providers of alcohol will be held responsible in the same manner
as a nonreligious gathering.
F.
This section shall not apply to any premises licensed by the state
of Oklahoma to dispense alcoholic beverages.
[Ord. 1130-2008, 5-22-2008]
Any person who shall violate the provisions of this chapter
shall be deemed guilty of an offense against the City and upon conviction
thereof shall be punished for violation of a Class A offense, with
a fine of $500, or by imprisonment not exceeding 60 days, or by both
such fine and imprisonment, plus all court costs and statutory penalties.
[Ord. 1130-2008, 5-22-2008]
Violations of this chapter may be prosecuted by the City of
Tahlequah criminally, civilly, and/or administratively, as provided
by this Code. The City of Tahlequah may seek administrative fees and
response costs associated with enforcement of this chapter through
all remedies or procedures provided by statute, ordinance, or law.
This section shall not limit the authority of peace officers or private
citizens to make arrests for any criminal offense arising out of conduct
regulated by this chapter, nor shall it limit the City of Tahlequah's
ability to initiate and prosecute any criminal offense arising out
of the same circumstances necessitating the application of this section.
[Ord. 1130-2008, 5-22-2008]
This chapter shall not apply where prohibited or preempted by
state or federal law.
