A. Bottle Club: No person shall operate a bottle club.
B. Minors:
1. Serve Or Deliver; Allow To Enter Or Remain:
a. No holder of a license, his servant or employee, shall sell, give or deliver alcoholic or malt beverages to any person under twenty one (21) years of age or permit any person under twenty one (21) years of age to enter or remain in the place in which alcoholic or malt beverages are sold.
b. Any person who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic or malt beverage to any person under twenty one (21) years of age, who is not his legal ward, medical patient or member of his own immediate family, is guilty of a misdemeanor. This subsection does not apply to sales by the commission or a wholesaler to a licensee, as defined under title 12, Wyoming State Statutes.
2. Purchase; Possession; Under The Influence:
a. Definition: For the purpose of this subsection, "under the influence" shall mean that alcohol is present in the system and is detectable by the smell of alcohol upon the breath of the individual or by blood alcohol or breathalyzer test.
b. Prohibited: No person under the age of twenty one (21) shall purchase, attempt to purchase or have any alcoholic or malt beverage in his possession or shall be under the influence of alcoholic or malt beverages.
3. False Identification: No person under the age of twenty one (21) shall falsify any identification or use any false identification in order to obtain alcoholic or malt beverages.
4. Exceptions:
a. Retail Food Service: No person under the age of twenty one (21) years shall enter or remain in any establishment which sells alcoholic or malt beverages; except a person under the age of twenty one (21) years may enter and remain in any room in which a regular retail food service is conducted and which room adjoins a licensed room.
b. Dining Room Or Waiting Area Within Dispensing Room:
(1) Definitions: As used in this subsection, the following words and terms shall have the meanings ascribed to them in this subsection:
ADULT: A person over the age of twenty one (21) who is the parent or legal guardian of the person under the age of twenty one (21).
DINING OR WAITING AREA: A specifically delineated area which has been submitted with the licensee's application and has been approved by the Governing Body.
(2) Presence Allowed: This subsection does not apply to a person under the age of twenty one (21) years if the underage person is in a dining room or waiting area within the dispensing room with an adult not later than ten o'clock (10:00) P.M.
c. Exceptions: This section does not apply to possession of alcoholic or malt beverages by a person under the age of twenty one (21) years:
(1) When making a delivery of alcoholic or malt beverages pursuant to his employment;
(2) Who is dispensing or serving alcoholic or malt beverages or otherwise working in a dispensing room pursuant to his employment, if the person was at least nineteen (19) years of age on or before July 1, 1988.
5. Consumption On Private Property; Appearance In Public: No person under the age of twenty one (21) shall consume alcohol upon public property or upon private property unless that property is owned by the person's parents, nor shall any person under the age of twenty one (21) appear on any public property or in any public place within the Town of Guernsey with evidence of said consumption present even if the consumption occurred in the person's home with the consent of his or her parents. For the purpose of this section evidence of consumption is present when the smell of alcohol is upon the breath of the minor or when alcohol is shown to be in the bloodstream as the result of a breathalyzer or blood test. (Ord. 2017-008, 11-7-2017)