(A) Any person under the age of 21 years who has any alcoholic or malt beverage in his or her possession or who is drunk or under the influence of alcoholic or malt beverages on any street or highway in any public place is guilty of a misdemeanor. This division (A) does not apply to possession of alcoholic or malt beverages by a person under the age of 21 years:
(1) When making a delivery of alcoholic or malt beverages pursuant to his or her employment;
(2) Who is in the physical presence of his or her parent or legal guardian; and
(3) When serving alcoholic or malt beverages pursuant to his or her employment in a restaurant which holds a license to serve alcoholic or malt beverages, if the person is at least 18 years of age.
(B) Any person under the age of 21 years who attempts in any manner to purchase alcoholic or malt beverages, or falsifies any identification or uses any false identification in order to obtain alcoholic or malt beverages is guilty of a misdemeanor.
(Ord. 307, 2016, passed 7-12-2016) Penalty, see § 132.99
It is an exemption to a violation under this section that the person engaged in the prohibited conduct (e.g., loitering and the like) while:
(A) Accompanied by the minor’s parent or guardian;
(B) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(C) In a motor vehicle involved in interstate travel;
(D) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(E) Involved in an emergency;
(F) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor’s presence;
(G) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor;
(H) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or
(I) Married or had been married or had disabilities of minority removed in accordance with state law.
It shall be unlawful for any person in the town to sell or give away tobacco in any form to any person under the age of 18 years within the corporate limits of the town.
(Ord. 19, passed 6-24-1910) Penalty, see § 132.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person who violates any provisions of § 132.01 shall be subject to a penalty of up to $750 for each offense.
(C) Any person convicted of a violation of § 132.03 shall be fined in any amount not to exceed $750.
(Ord. 19, passed 6-24-1910; Ord. 250, passed 1-2-1998; Ord. 307, 2016, passed 7-12-2016)