(A) Purpose: To prevent the consumption of alcoholic beverages by underage persons and parties where underage persons consume alcoholic beverages.
(B) Definitions: As used in this section, the following definitions apply:
ALCOHOL: Ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl.
ALCOHOLIC BEVERAGE: A compound produced and sold for human consumption as a drink that contains more than five-tenths percent (0.5%) of alcohol by volume.
EMERGENCY RESPONDERS: Includes, but is not limited to, law enforcement officers, firefighters, emergency medical service personnel and other persons having emergency response duties.
ENFORCEMENT SERVICES OR RESPONSE COSTS: Includes the salaries and benefits of emergency responders for the amount of time actually spent responding to or remaining at an event, gathering or party and administrative costs attributable to the incident; the actual costs for medical treatment for any injured emergency responder; the costs of repairing any damage to emergency responder equipment or vehicles; and the cost of use of such equipment of the vehicles.
GATHERING: A party or event where a group of three (3) or more persons has assembled or are assembling for a social occasion or social activity.
INTOXICATING QUANTITY: A quantity of an alcoholic beverage that is sufficient to produce:
1. A blood, breath, or urine alcohol concentration in excess of 0.05; or
PARENT: Any person having legal custody of a juvenile, including natural parent, adoptive parent, stepparent, legal guardian, or a person to whom legal custody has been given by court order.
PERSON: Includes a corporation, company, partnership, association or society, as well as a natural person or individual.
PREMISES: Any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, hall or meeting room, park or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether owned, leased, rented or used with or without permission or compensation.
SOCIAL HOST: Any person or persons who knowingly conducts, allows, organizes, supervises, controls, or permits a gathering, or aids another in conducting, allowing, organizing, supervising, controlling or permitting a gathering. The term includes, but is not limited to, the following:
1. Any person who owns, rents, leases, or otherwise controls the premises where a gathering takes place;
2. The person in charge of or responsible for the premises;
3. The person who organized the gathering.
UNDERAGE PERSON: Any person less than twenty one (21) years of age.
(C) Prohibited Acts: It is a violation of this section for a social host who knows that an underage person has possessed or consumed alcohol or an alcoholic beverage in any amount at a gathering to fail to take reasonable steps to prevent the underage consumption or possession by the underage person. The social host does not have to be present at the gathering at the time the prohibited act occurs.
(D) Penalties: Any person found guilty of a violation of this section shall be guilty of a misdemeanor, and punished as provided in section 1-3-1 of this code. In addition to penalties provided therein, the city judge shall consider any response costs incurred by the city associated with any gathering resulting in a violation of this section, and may order restitution to the city for such response costs upon conviction.
(E) Exceptions: The provision of an alcoholic beverage in a nonintoxicating quantity to an underage person by the person's parent or guardian, physician or dentist for medicinal purposes, a licensed pharmacist upon the prescription of a physician, or an ordained minister or priest in connection with a religious observance shall not constitute a violation of this section 2 . (Ord. 878, 5-2-2011)
Notes
| 1 | 1. MCA 16-6-305(c). |
| 2 | 1. MCA 16-6-305. |