A. Purchase By Or For Prohibited:
1. It shall be unlawful for any person under the age of twenty one (21) years to purchase, accept or procure or to attempt to purchase, accept or procure any alcoholic liquor from any retail liquor dealer in the City or from any other person.
2. It shall be unlawful for any person to purchase or otherwise obtain alcoholic liquor and then to sell, give or deliver such alcoholic liquor to another person under the age of twenty one (21) years unless in the performance of a religious ceremony or service.
B. Possession, Consumption By Prohibited; Exemptions:
1. No person under the age of twenty one (21) years shall have any alcoholic beverage in an open container in his possession on any street or highway or in any public place or in any place open to the public.
2. It shall be unlawful for any person to whom the sale, gift, delivery or service of any alcoholic liquor is prohibited because of age to consume or to possess in any manner, including by consumption, any such alcoholic liquor, except as otherwise provided by law. The violation referred to in this subsection which relates to the possession of alcohol after it has been consumed may be identified as the "illegal possession of alcohol by consumption" or by the section number of this chapter. This violation may be proven by evidence which indicates that the breath of the person charged with such offense had a smell associated generally or specifically with any alcoholic liquor. No additional evidence relating thereto shall be necessary to find the defendant to be in violation of this chapter. It shall not be necessary to show that the person charged with an offense hereunder was, at the time in question, under the influence of any alcoholic liquor in any manner, but such evidence shall be admissible to prove a violation of this chapter.
3. The possession, dispensing or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony or the consumption of alcoholic liquor by a minor under the direct supervision and direct approval of the parents or parent of such minor in the privacy of a home is not prohibited by this chapter, and this subsection shall be considered only as a defense for which the burden of proving that it applies to and was reasonably relied upon in a particular case shall be on the person charged with an offense under this chapter.
C. Identification Requirements:
1. a. A licensee or any officer, associate, member, representative, agent or employee of such licensee may demand written evidence and may not rely on oral evidence of the prospective recipient's age and identity before making a sale, gift, delivery or service to a prospective recipient of any alcoholic liquor. The decision whether or not to demand such evidence rests with the licensee and his agents and employees. However, if no evidence is demanded, such decision is made at the licensee's peril.
b. Any person from whom such written evidence is demanded shall forthwith display his/her motor vehicle operator's license, secretary of state's identification card, federal selective service card, federal armed forces identification card or other written evidence of age and identity issued by a public officer in the performance of his official duties.
c. If any such person fails to present such written evidence, he shall be considered to be an underage person who is not entitled to any such alcoholic liquor. However, if such written evidence of age and identity is produced and shows the prospective recipient to be of the age required to purchase such alcoholic liquor and if such a sale, gift, delivery or service of alcoholic liquor is made in reasonable reliance thereon, then the licensee and his representatives shall not be subject to any penalty provisions of this chapter.
d. The burden of proving that a demand of written evidence of the age and identity was made, that such written evidence was shown, the content of the written evidence presented, and the reasonableness of the reliance thereon shall be on the person charged with an offense under this chapter.
2. It shall be unlawful for any person to present or offer to any licensee or to any officer, associate, member, representative, agent or employee of a licensee or to any other person any written, printed, or photostatic evidence of his age and identity or that of any other person which is false or fraudulent, for the purpose of ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure any alcoholic liquor of any kind or description in violation of this chapter, or to have in his possession any false or fraudulent written, printed or photostatic evidence of age and identity.
D. Warning Sign Posted: In every premises upon which the sale of alcoholic liquor is licensed hereunder, a sign, clearly visible to the public, shall be posted at the entrance and at the cash register, by the licensee thereof, to be furnished by said licensee, which shall read substantially as follows:
WARNING TO MINORS
You must be 21 years old to purchase any liquor and you must be able to prove it. You are subject to prosecution and fine for the purchase of alcoholic beverages or misrepresentation of your age for the purpose of purchasing alcoholic beverages.
(Ord. 06-87, 11-2-1987)
E. Employment:
1. No licensee, agent or employee shall permit any person under the age of twenty one (21) years to draw, pour, or mix any alcoholic liquor in the premises either as an employee or gratuitously.
2. No licensee, his agent or employee shall permit any person under the age of twenty one (21) years to sell, serve or dispense or in any other way handle alcoholic liquor, including packaged liquor, upon his licensed premises. (Ord. 01-2001, 3-12-2001)
F. Presence On Premises:
1. It shall be unlawful for any person under the age of twenty one (21) years to be or remain in any premises which is licensed hereunder; except, that any person under the age of twenty one (21) years may be or remain in such premises: (Ord. 06-87, 11-2-1987; amd. 2017 Code)
a. If accompanied by his or her parent or legally appointed guardian; or
b. If more than fifty percent (50%) of the gross business income received therein results from the sale of services or commodities other than alcoholic liquor. (Ord. 06-87, 11-2-1987)
2. It shall be unlawful for any licensee hereunder or his officer, partner, associate, representative, agent or employee to suffer or permit any person under the age of twenty one (21) years to be on or remain in any premises which is licensed hereunder; except, that any person under the age of twenty one (21) years may be or remain in such premises: (Ord. 06-87, 11-2-1987; amd. 2017 Code)
a. If accompanied by his or her parent or guardian; or
b. If more than fifty percent (50%) of the gross business income received therein results from the sale of services or commodities other than alcoholic liquor.
G. Responsibility Of Parent Or Guardian: It shall be unlawful for any parent or guardian to suffer or permit his or her child or ward under the age of eighteen (18) years to violate any provisions of this chapter. (Ord. 06-87, 11-2-1987)