(A) (1) No person being the owner or occupant or otherwise in possession or control of any property located within the city, who knows or should know, through the exercise of reasonable diligence, shall allow any person under the age of 21 years to remain on the property while in possession of alcoholic or malt beverages, or while consuming alcoholic or malt beverages, unless the alcoholic or malt beverages are given by a physician in the regular line of medical practice, or by a parent or legal guardian.
(2) It shall be an affirmative defense under this section if the person charged with the violation, within one hour after the utilization of alcoholic or malt beverages constituting the basis of the violation, enlisted the aid of, and cooperated with law enforcement personnel, to cause the individuals who are under 21 years of age and are utilizing alcoholic or malt beverages in violation of this section to leave the property.
(B) (1) No person being the parent, or guardian or otherwise having the care, custody, or control of any minor knowingly shall allow the minor to violate any provisions of this section or shall aid, abet, induce, cause, encourage, or contribute to the minor violating any provisions of this section, including, without limitation, allowing a minor having a proclivity for possession or consumption of alcoholic or malt beverages to be in possession of property located within the city under circumstances such that a reasonably responsible adult should have known that a violation of this section was likely to occur thereon.
(2) It shall be an affirmative defense under this section if the minor in possession of the property, within one hour after the utilization of alcoholic or malt beverages constituting the basis of the violation enlisted the aid of and cooperated with law enforcement to cause minors who are utilizing alcoholic or malt beverages in violation of this section to leave the property.
(C) For the purpose of this chapter the words “ALCOHOLIC BEVERAGES” AND “MALT BEVERAGES” shall have the same meaning given to them in KRS 241.010.
(Ord. 86-12-2, passed 1-14-87) Penalty, see § 112.99