A. It shall be unlawful for any person under the age of twenty one (21) years to enter, to be or remain in any licensed premises where alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the premises; except that any person under the age of twenty one (21) years may be or remain on the premises:
1. If accompanied by his parent(s) or legally appointed guardian; or
2. If more than fifty percent (50%) of the gross business income received therein results from the sale of services or commodities other than alcoholic liquor; or
3. If legally employed by the license holder of the premises or by an authorized representative thereof, and if the person is actively performing his duties as a legal employee at the time in question.
B. It shall be unlawful for any licensee hereunder, or the licensee's officer, partner, associate, representative, agent or employee, to suffer or permit any person under the age of twenty one (21) years to be or remain in the portion of any licensed premises where alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the premises; except that any person under the age of twenty one (21) years may be or remain in such premises:
1. If accompanied by his parent(s) or legally appointed guardian; or
2. If more than fifty percent (50%) of the gross business income received therein results from the sale of services or commodities other than alcoholic liquor; or
3. If legally employed by the license holder of the premises or by an authorized representative thereof, and if the person is actively performing his duties as a legal employee at the time in question.
C. If any licensee has on its premises a separate room where more than fifty percent (50%) of the gross income received therein results from the sale of services or commodities other than alcoholic liquor, then such person under the age of twenty one (21) years may remain in such room only.
D. The defendant/respondent in any court or administrative hearing shall have the burden of proving as an affirmative defense subsection A1, A2, A3, B1, B2 or B3 of this section, and the prosecutor shall have no responsibility to prove that any of said exemptions do not apply therein. (Ord. 353, 7-14-1997)
Notes
| 1 | 1. See also section 5-2-7-4 of this code. |