A. 1. A person or persons under legal age shall not purchase or attempt to purchase, or individually or jointly have alcoholic liquor, wine, or beer in their possession or control; except in the case of liquor, wine, or beer given or dispensed to a person under legal age within a private home and with the knowledge, presence, and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages, wine, or beer during the regular course of the person's employment by a liquor control licensee, or wine or beer permittee under this chapter.
2. A person who is under legal age, other than a licensee or permittee, who violates this section regarding the purchase of or attempt to purchase alcoholic liquor, wine, or beer, or possessing or having control of alcoholic liquor, wine, or beer, commits the following:
a. A simple misdemeanor, a scheduled violation under section 805.8 of the Iowa Code, punishable by a fine prescribed in Section 805.8C(7) of the Iowa Code for the first offense.
b. A second offense shall be a simple misdemeanor punishable by a fine of five hundred dollars ($500.00). In addition to any other applicable penalty, the person in violation of this section shall choose between either completing a substance abuse evaluation or the suspension of the person's motor vehicle operating privileges for a period not to exceed one year.
c. A third or subsequent offense shall be a simple misdemeanor punishable by a fine of five hundred dollars ($500.00) and the suspension of the person's motor vehicle operating privileges for a period not to exceed one year.
d. The court may, in its discretion, order the person who is under legal age to perform community service work under section 909.3A of the Iowa Code, or an equivalent value to the fine imposed under this section.
e. In determining if a violation charged is a second or subsequent offense, conviction for violation of this section, section 123.47 of the Code of Iowa, or an ordinance of any city or county in the State of Iowa that substantially corresponds to this section or section 123.47 of the Code of Iowa shall be counted as previous offenses.
B. 1. An employee or agent of a person or club holding a liquor control license or retail wine or beer permit shall not sell, give, or otherwise supply any alcoholic beverage, wine, or beer to any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, or permit any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, to consume any alcoholic beverage, wine, or beer.
2. Any person who violates this section commits a simple misdemeanor punishable as a scheduled violation under section 805.8, subsection 10, paragraph "a" of the Iowa Code.
3. A person under legal age shall not misrepresent the person's age for the purpose of purchasing or attempting to purchase any alcoholic beverages, wine, or beer from any licensee or permittee. If any person under legal age misrepresents the person's age, and the licensee or permittee establishes that the licensee or permittee made reasonable inquiry to determine whether the prospective purchaser was over legal age, the licensee or permittee is not guilty of selling alcoholic liquor, wine, or beer to a person under legal age. (Ord. 01-3968, 6-12-2001, eff. 8-1-2001; amd. Ord. 05-4162, 6-21-2005; Ord. 07-4249, 1-23- 2007; Ord. 20-4827, 7-21-2020)