(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE. Includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains .5% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. This term includes intoxicating beverages and low point beer as defined herein.
GATHERING. A party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity.
INTOXICATING BEVERAGE. Includes beverages containing more than 3.2% alcohol by weight.
LEGAL GUARDIAN.
(a) A person who, by court order, is the guardian of the person of a minor; or
(b) A public or private agency with whom a minor has been placed by the court.
LOW POINT BEER. Includes beverages containing more than .5% alcohol by volume, and not more than 3.2% alcohol by weight, including but not limited to beer or cereal malt beverages obtained by the alcoholic fermentation of an infusion of barley or other grain, malt, or similar products.
MINOR. Any person under 21 years of age.
PARENT. A person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.
PREMISES. Any residence or other private property, place, or premises, including any commercial or business premises.
(B) Consumption of alcohol by minor in public place, place open to public, or place not open to public except as permitted by state law, it is unlawful for any minor to:
(1) Consume at any public place or any place open to the public alcoholic beverage; or
(2) Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian.
(C) Hosting, permitting, or allowing a party, gathering, or event where minors consuming alcoholic beverages prohibited.
(1) (a) It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at the premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting drivers’ licenses or other government- issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering.
(b) It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at the premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in division (C)(1)(a) above.
(2) This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian.
(3) Nothing in this section should be interpreted to prohibit any family activity held in the confines of the family home from providing the use of alcohol to immediate family members within the supervision of parents and guardians. However, if a minor leaves such a family gathering intoxicated and is found in public, then the providers of alcohol will be held responsible in the same manner as a non-family gathering.
(4) Nothing in this section should be interpreted to prohibit any religious practice that includes the use of alcohol. However, if a minor leaves such a religious gathering intoxicated and is found to be in public, then the providers of alcohol will be held responsible in the same manner as a non-religious gathering.
(5) This section shall not apply to any premises licensed by the state to dispense alcoholic beverages.
(6) This section shall not apply where prohibited or preempted by state or federal law.
(Prior Code, § 133.13) (Ord. 1611, passed 3-10-2009) Penalty, see § 130.99