(A) Sales to minors, habitual drunkards and mentally deficient.
(1) No licensee nor any officer, associate, member, representative, agent or employee of the license shall sell, give or deliver alcoholic liquor, beer or wine to any person under the age of 21 years, or to any intoxicated person or to any person known by him or her to be an habitual drunkard, spendthrift, insane, mentally ill, mentally deficient or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver the alcoholic liquor, beer or wine to another person under the age of 21 years except in the performance of a religious ceremony or service.
(2) Whoever violates this section shall, in addition to other penalties provided for in this subchapter, be subject to the provisions of § 112.99.
(B) Purchase by minors.
(1) Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of the alcoholic liquor or have the alcoholic liquor in his or her possession.
(2) If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of nonage of the prospective recipient, he or she shall, before making the sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.
(3) No person shall transfer, alter or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information. No person shall purchase, accept, deliver or have possession of alcoholic liquor, beer or wine in violation of this section. The consumption of alcoholic liquor, beer or wine by any person under 21 years of age is forbidden. Whoever violates any provisions of this division (B)(3) shall be subject to the provisions of § 112.99.
(4) Any person under the age of 21 years who, for the purpose of buying, accepting or receiving alcoholic liquor, beer or wine from a licensee, represents that he or she is 21 years of age or over shall be subject to the provisions of § 112.99.
(5) The possession and dispensing, or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a minor under the direct supervision and approval of the parents or parent of the minor in the privacy of a home is not prohibited by this subchapter.
(C) Certain persons forbidden from employment. It shall be unlawful knowingly to employ in any premises used for the retail sale of alcoholic liquor, any person in any capacity whatsoever, who has been convicted of a felony or any of the following misdemeanors or offenses:
(1) Carrying or possession of a pistol or other dangerous weapon;
(2) Making or possessing burglar instruments;
(3) Buying or receiving stolen property;
(4) Unlawful entry of a building;
(5) Aiding escape from prison; or
(6) Unlawfully possessing or distributing habit-forming narcotic drugs.
(D) Employing minors. No person under the age of 21 years shall be employed serving or dispensing alcoholic liquors in any establishment licensed hereunder for the sale of alcoholic liquors.
(E) Minors prohibited on premises. It shall be unlawful for any minor unaccompanied by his or her parent or guardian to enter upon or to attempt to enter upon any premises licensed hereunder, except restaurants and beer and wine package liquor only establishments licensed hereunder and further, except in the exercise of the legitimate business or trade of the minor. If any minor shall enter upon any premises in violation of this division, and there remain for 30 minutes or longer, the person licensed shall be subject to a penalty as provided herein.
(1983 Code, § 3-2A-10) (Ord. 99-9, passed 5-3-1999; Ord. 99-21, passed 11-1-1999) Penalty, see § 112.99