A. Licensee, Agent, Representative, Employee Liability: Except as provided below, no licensee, or any agent, representative, or employee of such licensee, shall permit or allow any person under the age of eighteen (18) years to enter or remain upon any premises licensed pursuant to this title. The following additional restrictions shall apply to licensees and any person under the age of twenty-one (21):
1. No licensee, or any agent, servant, representative or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of twenty-one (21) years, or to any intoxicated person; and
2. No licensee, or any agent, servant, representative or employee of such licensee shall permit or allow any person under the age of twenty-one (21) to remain on the licensed premises while in the possession of or consuming alcoholic liquor. This section does not apply to possession by a person under the age of twenty-one (21) making a delivery of alcoholic liquor in pursuance of his employment; and
3. In an action for any violation of this section, evidence may be presented, which will be considered in mitigation, that the licensee, or agent, representative or employee of such licensee, demanded and was presented identification of the type as specified in this chapter.
B. Public/Patron Liability: Except as provided below:
1. No person under the age of eighteen (18) years shall enter or remain upon any primary on-premises establishment licensed pursuant to this title, unless otherwise authorized by subsection C.
2. No person, after purchasing or otherwise obtaining alcoholic liquor shall sell, give, or deliver alcoholic liquor to any person under the age of twenty-one (21) years.
3. No person under the age of twenty-one (21) years shall purchase, attempt to purchase, accept delivery, accept as a gift, consume or possess in any manner, including by consumption, alcoholic liquor.
4. It shall be unlawful for any person to misrepresent his age for the purpose of purchasing, accepting, or receiving alcoholic liquor.
5. Any person upon whom such demand is made shall display at least one photo identification card of the type as specified in this chapter which contains a birth date. If any person fails to produce evidence of age upon request, he shall be considered to be a person who is not entitled to be served alcoholic liquor.
C. Age Of Entry Exceptions: The legal entry age requirement under this section for persons to enter and/or remain upon a premises licensed pursuant to this title shall not apply under the following circumstances:
1. The person is accompanied by a parent or legal guardian.
2. The licensed premises holds any valid secondary use license.
3. Employees or entertainers while actively engaged in their employment/entertainment duties.
4. The location holds a temporary permit or special condition issued which authorizes underage individuals on premises while not accompanied by a parent of legal guardian.
D. Verify Age: The person, responsible party, licensee in control of a premises, and/or employees of the license holder has the affirmative obligation to verify that all persons on the premises are of the legal age to be upon the premises and, if in possession of alcoholic liquor, are twenty-one (21) years of age or older, or are otherwise acting legally.
E. Employee Age:
1. On Premises Consumption - Primary: License holders shall not employ individuals under the age of eighteen (18). This provision does not apply to individuals contracted for live entertainment who are under the immediate supervision of a parent or legal guardian of at least one member or agent of the entertainment band at all times. Any such minor is not allowed to pour, serve, possess, or consume alcohol, and upon completion of the live entertainment and loading of band equipment, shall no longer be allowed to remain upon the licensed premises, unless the license holder has been granted an underage special condition.
2. Off Premises Consumption - Primary: License holders shall not employ individuals under the age of eighteen (18).
3. Manufacturer Retailer: License holders shall not employ individuals under the age of eighteen (18). This provision does not apply to individuals contracted for live entertainment who are under the immediate supervision of a parent or legal guardian of at least one member or agent of the entertainment band at all times. Any such minor is not allowed to pour, serve, possess, or consume alcohol, and upon completion of the live entertainment and loading of band equipment, shall no longer be allowed to remain upon the licensed premises, unless the license holder has been granted an underage special condition.
4. On-Premises Consumption - Secondary: License holders may employ individuals sixteen (16) years of age and older, but such person between the age of sixteen (16) and eighteen (18) shall not handle alcoholic liquor containers or beverages, pour, serve, possess, or consume alcohol.
5. Off-Premises Consumption - Secondary: License holders may employ individuals sixteen years of age and older, but individuals under the age of eighteen (18) shall not handle alcoholic liquor containers or beverages, pour, serve, possess, or consume alcohol.
6. Video Gaming Parlor: License holders may not employ individuals under the age of twenty-one (21).
The person(s) charged with a violation of this section in any court or administrative hearing who claims an exception under the provisions of this subsection, shall have the burden of proving that said person(s) or business(es) met the above stated exception(s) at the time of the offense. (Ord. 2015-55; Ord. 2021-22)