(A) Prohibited sales. It shall be unlawful and punishable as a misdemeanor for any person to sell, deliver or give away, or cause or permit to be sold, delivered or given away, any beer, wine, or liquor to:
(1) Any person under the age of 21 years, proof of which shall be a valid driver's license or identification card issued by the Department of Law Enforcement of this state.
(2) Any person apparently or obviously intoxicated.
(3) Any interdicted person as defined by the laws of the state.
(B) Minors.
(1) Any person who shall procure beer, wine, or liquor for any person under 21 years of age who shall purchase, attempt to purchase, or otherwise procure, consume or possess beer, wine or liquor shall be guilty of a misdemeanor.
(2) Any person under the age of 21 years who shall by any means represent to any person licensed to sell beer, wine, or liquor at retail, or to any agent or employee of such retail licensee, that he or she is 21 years or more of age, for the purpose of inducing such retail licensee, his agent or employee to sell, serve or dispense to him or her shall be guilty of a misdemeanor.
(3) Any person who shall by any means represent to any person licensed to sell beer, wine, or liquor at retail or to his agent or employee, that any other person is 21 years or more of age, when in fact such other person is under the age of 21 years, for the purpose of inducing such retail licensee, his agent or employee, to sell, serve, or dispense beer, wine, or liquor to such other person shall be guilty of a misdemeanor.
(4) Whenever any person licensed to sell beer, wine, or liquor, or his agent or employee, shall have reasonable cause to doubt that any person who attempts to purchase or otherwise procure beer, wine or liquor from or through such retail licensee, his agent or employee, is 21, such retail licensee, his agent or employee, shall require such person to execute a certificate that he/she is 21 or more years of age, and to exhibit acceptable proof of age and identity. The form of such certificate, the manner in which it shall be executed, the record to be kept thereof, shall be the responsibility of the retail licensee, his agent or employee with respect to the execution of said certificate and a determination of what shall constitute acceptable proof of the age and identity shall be in accordance with the provisions of Idaho Code Title 23.
(Ord. 2024-02-12, passed 2-12-2024)