A. Frequenting Licensed Premises:
1. Definition: For the purposes of this subsection, "frequenting" shall be defined as an individual being located within a licensed premises.
2. Prohibition; Exceptions: It shall be unlawful for any licensee to permit or allow any person under the age of twenty one (21) years to frequent any premises licensed under the provisions of this chapter, and it shall be further unlawful for any individual under the age of twenty one (21) years of age to frequent any premises licensed under the provisions of this chapter, with the following exceptions:
a. Individuals under the age of twenty one (21) years may frequent the dining room(s) or restaurant of any licensed establishments, provided said individual is in the establishment to purchase prepared food within the dining room(s) or restaurant area of such establishment.
b. Individuals under the age of twenty one (21) years may frequent licensed establishments for the purpose of special events wherein the licensed premises, or a portion thereof, are being used for the purposes of a "special event", and general access to said portion of the premises is denied to the general public; and further provided, that said individual or individuals under the age of twenty one (21) years are with a parent or legal guardian.
c. Individuals under the age of twenty one (21) years may frequent designated portions of the licensed premises; provided, that said designated portion of the licensed premises serves no alcoholic beverages nor allows consumption of any alcoholic beverages in said portion of that premises during time of occupation by persons under the age of twenty one (21) years; and further provided, that said portion of the licensed premises be segregated by physical barricades from any portion or portions of the premises which serves alcoholic beverages during times of frequenting by individuals under the age of twenty one (21) years.
d. Employees of the establishment who are sixteen (16) years of age or older and are in compliance with subsection B of this section.
3. Penalty: Any individual under the age of twenty one (21) years found in violation of this subsection shall be fined in the amount not to be less than one hundred dollars ($100.00).
4. Affirmative Defense: It shall be an affirmative defense for any licensee, officer, associate, member, representative, agent or employee of such licensee and shall further negate the violation if it is found that any licensee, officer, associate, member, representative, agent or employee of such licensee reasonably relied upon a fraudulent, altered, or defaced identification card, or identification card of another individual, to gain entry into said licensed establishment. It shall not, however, be an affirmative defense if the agent or employee unreasonably accepted the fraudulent, altered, or defaced identification card, or identification card of another individual, or knew the identification card to be false or fraudulent.
5. Warning Posted: All licensees shall prominently post a warning to the general public that it shall be a violation of city ordinance for any individual under the age of twenty one (21) years of age to be physically present within a licensed liquor establishment, unless said liquor establishment has a dining or restaurant area separated by a permanent wall from any bar area, lounge or place of dispensing alcoholic beverages, and said minor is either in the company of an adult or is allowed only to purchase prepared food within said dining room or restaurant area or establishment. Said warning prominently displayed shall also include that any individual found in violation of this subsection shall be fined an amount not less than one hundred dollars ($100.00). (Ord. 16-O-39, 12-6-2016)
B. Employment Of Persons Under Twenty One:
1. It shall be unlawful for any licensee to permit or to employ any person under the age of twenty one (21) years of age to serve alcoholic liquor, except however, individuals eighteen (18) years of age and older may deliver alcoholic beverages when said alcoholic beverages have been delivered to him or her by a barperson twenty one (21) years of age or older in the containers to be consumed by the consumer. The individual eighteen (18) years of age but less than twenty one (21) years may then deliver said alcoholic beverages to the patron and receive the money for the alcoholic liquors from the consumer. No permitted or employed individuals under the age of eighteen (18) shall serve or deliver alcoholic beverages. Individuals under the age of eighteen (18) may hold employment positions that do not involve the serving, delivering, or disposal of alcoholic beverages.
2. It shall be unlawful for any licensee to employ or permit any person under the age of sixteen (16) to act as his agent, clerk, servant, employee or entertainer in or about any premises offering alcoholic liquor for sale. (Ord. 16-O-30, 8-2-2016)
C. Misrepresentation Of Age: It shall be unlawful for any person to misrepresent his or her age for the purpose of buying, accepting or receiving alcoholic liquor from a licensee.
D. Purchase Or Acceptance Of Gifts:
1. It shall be unlawful for any person to whom the sale, gift or delivery of alcoholic liquor is prohibited because of age, to purchase or accept a gift of alcoholic liquor. Any individual found to be in violation of this subsection D1 shall be fined an amount not less than two hundred dollars ($200.00).
2. Any person to whom the sale, gift or delivery of alcoholic liquor is prohibited because of age shall not purchase or accept a gift of alcoholic liquor or have alcoholic liquor in his possession. Any person found in violation of this subsection D2 shall be fined in an amount not to be less than two hundred dollars ($200.00).
3. If a licensee or his agents or employees believes or has reason to believe that a sale or delivery of alcoholic liquor is prohibitive because of the nonage of the prospective recipient, he shall, before making such sale or delivery demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his official duties.
E. False Identification:
1. No person shall transfer, alter or deface an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information.
2. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this subsection. Whoever violates any provisions of this subsection shall be punished by a fine of not less than three hundred dollars ($300.00). (Ord. 92-O-10, 3-3-1992)