City of Evanston, WY Part 4 Minors

Article XII Restrictions on Sales and Transport

§ 4-38 Sale, etc., prohibited; possession when unlawful; public drunkenness; falsification of identification; penalty; prima facie identification as defense; unlawful permission.

[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.

§ 4-39 Transporting or possessing in motor vehicle with intent to furnish to person under 21; penalties; suspension of driver's license and automobile registration.

[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.

B. Any person who violates Subsection A of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $750 or imprisonment for not more than six months, or both.