(A) Possession in public prohibited. No person under 21 years of age shall be in possession of any alcoholic beverage while such person is upon any public street, road or highway or in any public place.
(B) Permitting or allowing gatherings where minors are consuming alcoholic beverages.
(1) Definitions. For the purpose of this division (B), the following definitions apply unless the context clearly requires a different meaning.
ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl or spirits of wine from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE. Includes alcohol, spirits, liquor, wine or beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains 0.5% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. This term includes intoxicating beverages and low-point beer, as defined herein.
GATHERING. A party, gathering or event where a group of three or more persons have assembled or are assembling for a social occasion or social activity.
INTOXICATING BEVERAGE. Includes beverages containing more than 3.2% alcohol by weight.
LEGAL GUARDIAN.
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.
LOW-POINT BEER. Includes beverages containing more than 0.5% alcohol by volume and not more than 3.2% alcohol by weight, including, but not limited to, beer or cereal malt beverages obtained by the alcoholic fermentation of an infusion of barley or other grain, malt or similar products.
(2) Hosting, permitting or allowing a party, gathering or event where minors consume alcoholic beverages prohibited.
(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:
1. Controlling access to alcoholic beverages at the gathering;
2. Controlling the quantity of alcoholic beverages present at the gathering;
3. Verifying the age of persons attending the gathering by inspecting driver’s licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering; and
4. 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 a minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in division (B)(2)(a) above.
(c) This division (B) 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.
(d) Nothing in this division (B) shall 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 alcohol will be held responsible in the same manner as a nonfamily gathering.
(3) Reservation of legal options.
(a) Violations of this division (B) may be prosecuted by the city criminally, civilly or through both processes. The city may seek administrative fees and response costs associated with the enforcement of this division (B) through all remedies or procedures provided by statute, ordinance or law.
(b) This division (B) 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 division (B), nor shall it limit the city’s ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of this division (B).
(Prior Code, § 3-112) (Ord. 2009-03, passed 12-10-2009) Penalty, see § 131.99