A. Consumption Or Possession: No person under twenty one (21) years of age shall consume or possess any alcoholic beverage or "low point beer", as defined in Oklahoma Statutes title 37. It shall be unlawful for any person under twenty one (21) years of age to purchase or attempt to purchase alcoholic beverages or low point beer, except under supervision of law enforcement officers.
1. Any person violating any of the provisions of this subsection shall be guilty, upon conviction, of a misdemeanor and punished by a fine not to exceed three hundred dollars ($300.00) or ordered to perform community service not to exceed thirty (30) hours, or both such fine and community service. In addition, if the person has an Oklahoma driver license issued by the State Department of Public Safety, that license shall be revoked for the period of time provided in 47 Oklahoma Statutes section 6-107.1. If the person does not have an Oklahoma driver license, the person shall be ineligible to obtain an Oklahoma driver license for the period of time provided in 47 Oklahoma Statutes section 6-107.1.
2. For a second offense, any person who is convicted of violating the provisions of this subsection shall be guilty of a misdemeanor and punished by a fine of not to exceed six hundred dollars ($600.00) or ordered to perform community service not to exceed sixty (60) hours, or both such fine and community service. In addition, if the person has an Oklahoma driver license issued by the State Department of Public Safety, that license shall be revoked for the period of time provided in 47 Oklahoma Statutes section 6-107.1. If the person does not have an Oklahoma driver license, the person shall be ineligible to obtain an Oklahoma driver license for the period of time provided in 47 Oklahoma Statutes section 6-107.1.
3. For a third offense, any person who is convicted of violating the provisions of this subsection shall be guilty of a misdemeanor and punished by a fine of not to exceed nine hundred dollars ($900.00) or ordered to perform community service not to exceed ninety (90) hours, or both such fine and community service. In addition, if the person has an Oklahoma driver license issued by the State Department of Public Safety, that license shall be revoked for the period of time provided in 47 Oklahoma Statutes section 6-107.1. If the person does not have an Oklahoma driver license, the person shall be ineligible to obtain an Oklahoma driver license for the period of time provided in 47 Oklahoma Statutes section 6-107.1.
4. Provided, the provisions of this subsection shall not apply when such persons are under the direct supervision of their parent or guardian, but in no instance shall this exception be interpreted to allow such persons to consume such beverages in any place licensed to dispense alcoholic beverages or low point beer. (1991 Code § 3-4; amd. 2007 Code)
B. Misrepresentation Of Age:
1. Any person under twenty one (21) years of age who shall misrepresent his age in writing or by presenting false documentation of age for the purpose of inducing any person to sell or serve him alcoholic beverages or issue him a bottle club membership card, or who enters or attempts to enter a package store or a separate or enclosed bar area as designated by the ABLE Commission, shall be guilty of a misdemeanor and fined not more than fifty dollars ($50.00). In addition, if a person is convicted or pleads guilty to a violation of the provisions of this subsection in any court having jurisdiction over said offense, the court may order the State Department of Public Safety to cancel or deny the offender's privilege to operate a motor vehicle and, upon such order, shall require that the operator's or chauffeur's license, if any, be surrendered to the State Department of Public Safety pursuant to 47 Oklahoma Statutes section 6-209. The cancellation or denial period shall be for one year, or until the person reaches twenty one (21) years of age, whichever is longer. Any person whose driving privileges are ordered cancelled or denied pursuant to this subsection may petition the court of original jurisdiction for review of the order. Upon notice and hearing, the court may modify or withdraw the order as the court deems appropriate, except:
a. A court may not withdraw an order for at least ninety (90) days following the issuance of the order if it is the first such order issued regarding the person named; and
b. A court may not withdraw an order for at least six (6) months following the issuance of the order if it is the second or subsequent such order issued regarding the person named.
2. If the State Department of Public Safety receives written notice from the court of original jurisdiction that it has withdrawn such an order, said department shall immediately reinstate any driving privileges that have been canceled or denied under this subsection, without requiring payment of a reinstatement fee. (1991 Code § 3-6; amd. 2007 Code)
C. Substance Abuse Prevention Program: In addition to any other penalty provided by law, a person convicted of a violation of the provisions of this section shall be required to complete a substance abuse prevention program conducted by the Department of Mental Health and Substance Abuse Services or a private entity approved by the department. Such program shall include at least two (2) sessions, each of which shall not be less than two (2) hours in length. The cost of the program shall be paid by the person required to complete the program. (Ord. 991, 8-21-2018, eff. 10-1-2018)