(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 any intoxicated person, or to any person known by him or her to be a habitual drunkard, a spendthrift, insane, mentally ill, mentally deficient, or in need of mental treatment. No person, after purchasing or otherwise obtaining 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 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, being 50 U.S.C. §§ 3801 et seq., 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 such written evidence in any transaction forbidden by this section is competent evidence and may be considered in any criminal prosecution therefor or in any proceedings for the suspension or revocation of any license based thereon.
(D) Any person under the age of 21 years who presents or offers to any licensee, 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 serving 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.
(E) 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 or her possession.
(F) 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 his or her prospective recipient, he or she shall, before making such 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.
(G) The possession and dispensing, or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a minor in the privacy of a home, is not prohibited by this section.
(Ord. 11-1, passed 4-19-2011)