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A. Definitions: For purposes of this section, the following definitions shall apply:
ALCOHOL: Means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE: Means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent (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.
CONTROL OR CONTROLLING: Means any form of dominion including ownership, tenancy or other possessory right however temporary.
GATHERING: Is a party, gathering, or event, where a group of three (3) or more persons have assembled or are assembling for a social occasion or social activity.
LEGAL GUARDIAN: Means: 1) a person who, by court order, is the guardian of the person of a minor; or 2) a public or private agency with whom a minor has been placed by the court.
MINOR: Means any person under twenty one (21) years of age.
PARENT: Means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.
PREMISES: Means any hotel or motel room, home, yard, apartment, condominium, or other dwelling unit, or a hall or meeting room, park or public place whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or other social function, and whether owned, leased, rented, or used with or without compensation.
RESPONSE COSTS: Are the costs associated with responses by law enforcement, fire, and other emergency response providers to a gathering, including but not limited to: 1) 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 responses; 2) 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; 3) the cost of repairing any Town equipment or 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 4) any other allowable costs related to the enforcement of this section.
B. Consumption Of Alcoholic Beverages By Minor In Public Place, Place Open To Public, Or Place Not Open To Public: Except as permitted by State law, it is unlawful for any minor to:
1. Consume at any public place, or any place open to the public, an alcoholic beverage; or
2. Consume at any place not open to the public any alcoholic beverages, unless in connection with the consumption of the alcoholic beverage, that minor is being supervised by his or her parent or legal guardian.
C. Hosting, Permitting, Or Allowing A Party, Gathering, Or Event Where Minors Consuming Alcoholic Beverages Prohibited:
1. In General:
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 that the minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage or failed to take all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in subsection C1a of this section.
2. Use Between Minor And Parent: 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.
3. Family Activity In Family Home: 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 alcoholic beverages will be held responsible in the same manner as a non-family gathering.
4. Religious Activity: Nothing in this section should be interpreted to prohibit any religious practice which includes the use of alcoholic beverages. However, if a minor leaves such a religious gathering intoxicated and is found to be in public then said providers of alcoholic beverages will be held responsible in the same manner as a nonreligious gathering.
5. State License: This section shall not apply to any premises licensed by the State of Oklahoma to dispense alcoholic beverages.
6. Reservation Of Legal Options: Violation of this section may be prosecuted by the Town criminally, civilly, and/or administratively as provided by this Code. The Town may seek administrative fees and response costs associated with enforcement of this section 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 section, nor shall they limit the Town's ability to initiate, and prosecute any criminal offense arising out of the same circumstances necessitating the application of this section.
7. Local Authority: This section shall not apply where prohibited or preempted by State or Federal law. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)