A. Violations: The following shall be considered a violation of this chapter:
1. For any person to sell, serve or deliver alcoholic liquor to another person under the age of twenty one (21) years, except as provided in subsection C of this section;
2. For any person to sell, offer for sale or to give to any person under the age of twenty one (21) years a false or fraudulent written, printed, or photographic evidence of the age and identity of such person or to sell, offer for sale or to give to any person under the age of twenty one (21) years identification materials of one person with the intent of passing it off as the identification of another person;
3. For any person under the age of twenty one (21) years to possess any false or fraudulent written, printed, or photographic evidence of age and identity or to present or deliver to any other person written, printed, or photographic evidence of age and identity that is false or fraudulent or that identifies a person other than the presenter for any purpose, including the purpose of obtaining or attempting to obtain any alcoholic liquor;
4. For any person under the age of twenty one (21) years to purchase, possess or consume alcoholic liquor, except as allowed in subsection C of this section.
5. For any person under twenty one (21) to enter a tavern or liquor store or sit or stand in a holding bar or other bar area that is separated from a dining room, or to be or remain in any room or any compartment adjoining or adjacent to or situated in any room or place where alcoholic liquor is being sold and/or served, except in the course of employment, unless accompanied by a parent or legal guardian;
6. For any person under the age of twenty one (21) years to sit or stand and remain at a serving bar or bar counter;
7. For any retail liquor licensee, or employee or agent thereof, to allow a person under the age of twenty one (21) years to sit or stand and remain at a serving bar or bar counter;
8. For any retail liquor licensee, or employee or agent thereof, to allow a person under the age of twenty one (21) years to enter a tavern or liquor store or sit or stand in a holding bar or other bar area that is separated from a dining room, or to be or remain in any room or any compartment adjoining or adjacent to or situated in the room or place where alcoholic liquor is being sold and/or served except in the course of employment, unless accompanied by a parent or legal guardian;
9. For any person under the age of twenty one (21) years to sell or offer for sale any alcoholic liquor in any licensed premises;
10. For any retail liquor licensee, or employee or agent thereof, to allow a person under the age of twenty one (21) years to employ or permit any person under the age of twenty one (21) years to sell or offer for sale any alcoholic liquor in any licensed premises;
11. For any person under the age of twenty one (21) years to act as a bartender or draw, mix or pour any alcoholic liquor (including pouring wine at tables) within any premises for which a retail liquor license has been issued;
12. For any retail liquor licensee, or employee or agent thereof, to allow any person under the age of twenty one (21) years to act as a bartender or draw, mix or pour any alcoholic liquor (including pouring wine at tables) within any premises for which a retail liquor license has been issued;
13. For any person to serve a person under the age of twenty one (21) alcoholic liquor or to aid, permit or allow any minor to possess or consume alcoholic liquor in one's home or any other place under his or her custody, supervision or control in violation of any provisions of this section, except as allowed by state law;
14. For any person who is under the age of twenty one (21) years to sell packaged liquor at a retail establishment for which a packaged liquor license has been issued;
15. For any retail liquor licensee, or employee or agent thereof, to allow any person who is under the age of twenty one (21) years to sell packaged liquor at a retail establishment for which a packaged liquor license has been issued;
16. For any person under the age of twenty one (21) to card or check the identification of persons being served or seeking to be served alcoholic liquor;
17. For any retail liquor licensee, or employee or agent thereof, to allow to card or check the identification of persons being served or seeking to be served alcoholic liquor;
18. For any person over the age of twenty one (21) to solicit or offer to buy or deliver alcoholic liquor to or for persons under the age of twenty one (21).
B. Proof Of Identity: It shall be unlawful for anyone to sell, give or deliver alcoholic liquor to any person under the age of twenty one (21) years in violation of this section or to any person known by him or her to be under legal disability or in need of treatment for mental or social disorder or disability.
1. For the purpose of preventing the violation of this section, a licensee, or his agent or employee, shall refuse to sell, give, deliver or serve alcoholic liquor to any person who is unable to produce adequate, written, photographic evidence of identity and age.
2. Adequate, written, photographic evidence of identity and age shall be satisfied by a document issued by a federal, state, county, or municipal government, or a subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal selective service act, or an identification card issued to a member of the armed forces.
3. Proof that the licensee, or his employee or agent, demanded, was shown and reasonably relied upon such written evidence in any transaction forbidden by this section is an affirmative defense in any proceeding to enforce this section or to any proceedings for the suspension or revocation of any local liquor license based thereon.
C. Exceptions: The provisions in this section do not apply to a person under the age of twenty one (21) years who:
1. Possesses or consumes alcoholic liquor in the performance of a religious ceremony or service;
2. Delivers alcoholic liquor in pursuance of the order of his or her parent or legal guardian; or
3. Delivers alcoholic liquor in the course of employment to a patron at a table in conjunction with meal service, provided that the person is not under the age of eighteen (18) and does not open or pour the alcoholic liquor.
D. Warning To Underage Persons: Every licensee shall display at all times a printed sign, which shall read substantially as follows:
WARNING TO UNDERAGE PERSONS -
You are subject to a fine of up to seven hundred fifty ($750) dollars under the Ordinances of the City of Batavia if you purchase alcoholic liquor or misrepresent your age for the purposes of purchasing or obtaining alcoholic liquor.
(Ord. 13-16, 4-1-2013)