(a) No person shall knowingly permit any person under the age of 21 who is not their child or ward to consume any beer or intoxicating liquor while such underage person is on real property which is under such person's control, whether by ownership, lease or otherwise, unless that underage person is accompanied by his or her parent or guardian who has consented to such consumption of alcohol.
(b) No person over 18 years of age who resides in this municipality shall negligently permit circumstances to exist at their place of residence (which includes buildings and land), which allows any person under the age of 21 who are not wards or children of such persons to consume beer or intoxicating liquor on such property. Actual consumption of beer or intoxicating liquor by an underage person while on the premises is an element of this offense. For the purpose of this division (b), a court may consider the following circumstances in determining whether a violation has occurred:
(1) Whether the adult person or persons in control of the residence departed from the municipality and left the premises occupied by his or her child or ward, who is a minor, without adequate adult supervision, for a period of 24 hours or more.
(2) Whether three or more underage persons, not members of the household, congregated on the premises during the absence of the adult person or persons in control of the premises and one or more of the underage persons consumed beer or intoxicating liquor while on the premises.
(3) Whether the adult person or persons in control of a residence notified the Police Department, prior to his or her departure from the municipality, and provided the Police Department with the intended dates and times of his or her departure and return, and the identification of any persons permitted to remain on the premises during his or her absence.
(c) Whoever violates division (a) of this section is guilty of a misdemeanor of the first degree. Whoever violates division (b) of this section is guilty of a minor misdemeanor on the first offense but shall be guilty of a misdemeanor of the fourth degree if a second offense occurs within two years from the date of the first conviction.
(Ord. 10063-2016. Passed 1-17-17.)