(A) No licensee nor any officer, associate, member, representative, agent 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 or to any person known by him or her to be under legal disability or in need of mental treatment. No person after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to another person under the age of twenty one (21) years except in the performance of a religious ceremony or service.
(B) No person shall sell, give, or furnish to any person under the age of twenty one (21) years any false or fraudulent written, printed or photostatic evidence of the age and identity of such person or sell, give or furnish to any person under the age of twenty one (21) years evidence of age and identification of any other person.
(C) No person under the age of twenty one (21) years, shall present or offer to any licensee, his/her agent or employee, any written, printed or photostatic evidence of age and identity which is false, fraudulent, or not actually his/her own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage. No person under the age of twenty one (21) years shall have in his/her possession any false or fraudulent written, printed or photostatic evidence of age and identity.
(D) No person under the age of twenty one (21) years shall have any alcoholic beverage in his/her possession on any street or highway or in any public place or in any place open to the public, except as authorized by subsection (J) of this section. This subsection does not apply to possession by a person under the age of twenty one (21) years making a delivery of an alcoholic beverage in pursuance of the order of his/her parent or in pursuance of his/her employment.
(E) No parent or guardian shall permit his or her residence to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under the age of twenty one (21), in a manner that constitutes a violation of this subsection except as authorized by subsection (J) of this section. A parent or guardian is deemed to have permitted his or her residence to be used in violation of this subsection if he or she knowingly authorizes, enables, or permits such use to occur by failing to control access to either the residence or the alcoholic liquor maintained in the residence.
(F) No person shall knowingly permit a gathering at a residence which he or she occupies of two (2) or more persons where any one or more of the persons is under twenty one (21) years of age and the following factors also apply:
1. The person occupying the residence knows that any person under the age of twenty one (21) is in possession of or is consuming any alcoholic beverage; and
2. The possession or consumption of the alcohol by the person under twenty one (21) is not otherwise permitted by this section; and
3. The person occupying the residence knows that the person under the age of twenty one (21) leaves the residence in an intoxicated condition. For the purpose of this subsection (F)3 where the residence has an owner and a tenant or lessee, there is a rebuttable presumption that the residence is occupied only by the tenant or lessee.
(G) No person shall rent a hotel or motel room from the proprietor or agent thereof for the purpose of or with the knowledge that such a room shall be used for the consumption of alcoholic liquor by persons under the age of twenty one (21) years.
(H) Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase, or accept a gift of such alcoholic liquor or have such alcoholic liquor in his/her possession.
(I) No person shall transfer, alter, or deface an identification card containing proof of age; 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. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this subsection. The consumption of alcoholic liquor by any person under twenty one (21) years of age is forbidden except as authorized by subsection (J) of this section.
(J) The possession and dispensing, or consumption by a person under twenty one (21) years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a person under twenty one (21) years of age under the direct supervision and approval of the parents or parent or those persons standing in loco parentis of such person under twenty one (21) years of age in the privacy of a home, is not prohibited by this subsection.
(K) Every licensee shall display at all times a printed card which shall be issued by the city clerk to each licensee and which shall read substantially as follows:
WARNING TO MINORS
You are subject to a fine of up to $500.00 under the Ordinances of the City of Darien if you purchase alcoholic liquor or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor.
(L) No parent or guardian of any minor child shall knowingly or negligently allow such minor child to violate any of the provisions of this section.
(M) Proof that a licensee, or his/her employee or agent, demanded, was shown and reasonably relied upon adequate written evidence of age and identity of a person in any transaction forbidden by this section is an affirmative defense to any proceedings for the suspension or revocation of any license based thereon. It shall not, however, be an affirmative defense if the agent or employee accepted the written evidence knowing it to be false or fraudulent.
No agent or employee of the licensee shall be disciplined or discharged for selling or furnishing liquor to a person under twenty one (21) years of age, if the agent or employee demanded and was shown, before furnishing alcoholic liquor to a person under twenty one (21) years of age, adequate written evidence of age and identity of the person. This paragraph, however, shall not apply if the agent or employee accepted the written evidence knowing it to be false or fraudulent.
(N) Any person found guilty of violating any of the provisions of this section in a court of competent jurisdiction shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00). (Ord. 0-05-01, 2-5-2001)