(a) No person being the owner, occupant or otherwise in possession of any real property located within the Village, shall do any of the following:
(1) Allow a minor, under twenty-one years of age, who is not the child, relative, or ward of the owner, occupant or possessor to possess or consume intoxicating liquor while on the premises.
(2) Permit circumstances to exist in or upon the real property which would result in a violation of this subsection (a).
(b) A person shall be held to possess intoxicating liquor or beer or such alcoholic beverages when such are within the immediate control, care or management of that person.
(c) Where a person is investigated or charged under subsection (a) hereof, the police and/or court shall consider the following factors in favor of such person in determining whether a violation has occurred:
(1) Where the owner, occupant or possessor prior to leaving the Village for a period in excess of twenty-four hours, notified the Police Department of the dates of departure and return and the identity of those persons who will remain on the premises during the absence; and/or
(2) Where the owner, occupant or possessor enlisted the aid of the Police Department in controlling the situation involving any of the offenses enumerated in subsection (a) hereof prior to the police taking action based upon their observations or receiving a complaint relating to the situation from another resident of the Village.
(d) Whoever violates subsection (a) hereof is guilty of a minor misdemeanor for the first offense. Any subsequent violation of subsection (a) hereof within two years of the date of the first conviction shall be a misdemeanor of the fourth degree.
(Ord. 89-7. Passed 5-8-89.)