§ 110.33  SALE OR DELIVERY TO CERTAIN PERSONS FORBIDDEN.
   (A)   No licensee nor any officer, associate, member, representative, agent, or employee of the licensee shall sell, give, or deliver alcoholic liquor to any person under the age of 21 years or to 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 the alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service.
   (B)   For the purpose of preventing the violation of this section, any licensee, or his or her agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is over the age of 21 years.
   (C)   Adequate written evidence of age and identity of the person is a document issued by a federal, state, county, or municipal government or subdivision or agency thereof, including but not limited to a motor vehicle operator’s license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the armed forces.  Proof that the defendant-licensee, or his or her employee or agent, demanded, was shown, and reasonably relied upon the written evidence in any transaction forbidden by this section is competent evidence and may be considered in any criminal prosecution thereof, or in any proceedings for the suspension or revocation of any license based thereon.
   (D)   Any person who sells, gives, or furnishes to any person under the age of 21 years any false or fraudulent written, printed, or photostatic evidence of the age and identity of the person, or who sells, gives, or furnishes to any person under the age of 21 years evidence of age and identification of any other person, is guilty of a misdemeanor.
   (E)   Any person under the age of 21 years who presents or offers to any licensee, or his or her agent or employee, any written, printed, or photostatic evidence of age and identity which is false, fraudulent, or not actually his or her own for the purpose of ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure the service of any alcoholic beverage or who has in his or her possession any false or fraudulent written, printed, or photostatic evidence of age and identity is guilty of a misdemeanor.
   (F)   Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor.  This section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment.
   (G)   Any person to whom the sale, gift, or delivery of any alcoholic liquor is prohibited because of the age shall not purchase or accept a gift of the alcoholic liquor or have the alcoholic liquor in his or her possession.
   (H)   If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the non-age of the prospective recipient, he or she shall, before making the sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.
   (I)   No person shall transfer, alter, or deface such an identification card; 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 or accept delivery or have possession of alcoholic liquor in violation of this division (I).  The consumption of alcoholic liquor by any person under 21 years of age is forbidden.  Whoever violates any provisions of this division (I) shall be guilty of a misdemeanor.
   (J)   The possession, dispensing, or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a minor under the direct supervision and approval of the parents or parent of the minor in the privacy of a home, is not prohibited by this section.
   (K)   For the purpose of this division (K), where the residence has an owner and a tenant or lessee, there is a rebuttable presumption that the residence is occupied by the tenant or lessee.  It shall be unlawful for any person to knowingly permit a gathering at a residence which he or she occupies of 2 or more persons where any 1 or more of the persons is under 18 years of age and the following factors apply:
      (1)   The person occupying the residence knows that any person under the age of 18 years is in possession of or is consuming any alcoholic beverage;
      (2)   The possession or consumption of the alcoholic liquor by the person under 18 years of age is not otherwise permitted by this section; and
      (3)   The person occupying the residence knows that the person under the age of 18 years leaves the residence in an intoxicated condition.
(Ord. 1990-13, passed - -1990; Am. Ord. 1991-01, passed 4-9-1991)  Penalty, see § 110.99