[Amended by Ord. No. 82-41; Ord. No. 88-8; Ord. No. 88-11; Ord. No. 91-9; Ord. No. 92-17; Ord. No. 96-13; Ord. No. 02-03]
A.
Any person who sells, furnishes, gives or causes to
be sold, furnished or given away any alcoholic liquor or malt beverage
to any person under the age of 21 years, who is not his legal ward,
medical patient or member of his own immediate family, is guilty of
a misdemeanor. This subsection does not apply to sales by the commission
or a wholesaler to a licensee under this title.
B.
Any person under the age of 21 years who has any alcoholic
or malt beverage in his possession or has consumed or has any detectable
amount of an alcoholic or malt beverage in their system or who is
drunk or under the influence of alcoholic liquor or malt beverages
at any place within the limits of the City, except in the immediate
presence of a parent or legal guardian in a non-public place, is guilty
of a misdemeanor. This subsection does not apply to possession of
alcohol or malt beverage by a person under the age of 21 years:
(1)
When making a delivery of alcoholic or malt beverage
pursuant to his employment;
(2)
Who is in the physical presence of his parent or legal
guardian in a nonpublic place;
(3)
Who is a licensee under this title; or
(4)
When the possession is pursuant to employment in a
premise which holds a license to serve alcohol or malt beverages,
if the person is at least 18 years of age.
C.
Any person under the age of 21 years who attempts
in any manner to purchase alcoholic or malt beverages or who falsifies
any identification or uses any false identification in order to obtain
alcoholic or malt beverages is guilty of a misdemeanor.
D.
Any person who violates this section or aids, abets
or incites any violation is guilty of a misdemeanor and, upon conviction,
shall be fined not more than $750 or imprisoned for not more than
six months, or both.
E.
A motor vehicle driver's license, a registration certificate
issued under the Federal Military Selective Service Act, an identification
card issued to a member of the armed forces, an internationally accepted
passport document with a discernible date of birth and photograph
or an identification card issued by the department of revenue is prima
facie evidence of the age and identity of a person. Proof that a licensee
or his employee or agent demanded, was shown and acted in reasonable
reliance upon the information contained in any one of the above documents
as identification is a defense to any criminal prosecution or action
for the suspension or revocation of a license.
F.
Except as provided by Subsection B above, it shall be a misdemeanor for any person, who is the owner, occupant or in control, of any residence or premises, to knowingly permit or allow the consumption, use or possession of any alcoholic or malt liquor beverage by an individual who is under the age of 21 years at the residence or premises.
[Amended by Ord. No. 81-41; Ord. No. 88-8]
A.
No person who is at least 21 years of age shall transport,
or have in his possession or control, any alcoholic liquor or malt
beverages with the intent of furnishing the same to any person under
the age of 21 years, while operating or occupying a motor vehicle.
