For the purposes of this article, the following terms, words and their derivations shall have the following meanings:
ALCOHOLIC BEVERAGES OR LIQUOR:
A. Any spirits, wine, beer, ale or other liquid containing more than one-half of one percent (0.5%) of alcohol by volume, which is fit for beverage purposes.
B. Any beverage containing zero percent (0.0%) or more alcohol by volume commonly known as "near beer", "nonalcoholic beer" or "nonalcoholic wine", whose taste, color, odor and consistency are similar to the alcoholic beverages known as beer and wine and, except for the reduced alcohol content, is marketed as being similar to beer or wine.
CONTROL OF PREMISES: To be in control of a premises or to have a premises under one's control shall mean a legal or beneficial ownership, rental, lease or license. Control may also exist where none of the aforesaid legal relationships apply, but where an adult is otherwise clearly in charge of and controlling a particular premises.
DELIVERY OF ALCOHOLIC LIQUOR: The sale, gift or exchange of an alcoholic liquor from one person to another. Delivery is meant to include providing of any alcoholic liquor or whatever kind or nature from one person to another.
FALSE IDENTIFICATION: Any document used for identification or proof of age that has been altered or defaced or that contains false or misleading information or that contains a name that is not the actual name of the person using it.
IMPAIRMENT: Any diminution or compromise of a person's physical, mental or perceptual abilities due to the consumption of an alcoholic beverage. Impairment does not require that the blood alcohol content be in excess of any particular gram of alcohol to milliliters of blood or breath ratio.
KNOWINGLY: In a manner under circumstances indicating a general knowledge of, or negligent or wilful disregard to, a fact. A presumption of knowledge exists if a person is present within any motor vehicle, watercraft, room, dwelling, shed, garage, yard or other area of which such person is the owner, lessee, permittee, bailee, legal possessor or occupier at the time a violation of the provisions of this article occurs therein.
OPERATION OF MOTOR VEHICLE: Includes physical control of the motor vehicle. It shall mean the operation or control of a motor vehicle anywhere in the city, whether on private or public property. To be in physical control, the person need not be actually driving the motor vehicle and the vehicle need not be running. If there is only one person inside of a motor vehicle that person shall be presumed to be in physical control, regardless of the person's location within the vehicle. If there is only one person in a front seat or front passenger area of a motor vehicle, that person shall be presumed to be in physical control regardless of the person's location in the front passenger area. If there are persons in the vehicle, but not in the front passenger area, the owner of the vehicle or the person to whom permission was given to operate the vehicle, shall be presumed to be in physical control of the vehicle.
PARENT: A natural or adoptive parent or a court designated guardian.
UNDERAGE PERSON: Any person under twenty one (21) years of age.
VICARIOUS LIABILITY: The liability that is implied as a matter of law even though the person may not have directly caused an injury to another person. (Ord. M-51-93, 10-18-1993; amd. Ord. M-67-94, 10-17-1994)