(A) Sales to minors.
(1) Sales prohibited. No licensee, and no agent of any licensee, shall sell, give or deliver any alcoholic liquor to any minor.
(2) Responsibility of owner. No licensee shall permit any minor to remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises are located; provided that, this division (A)(2) shall not apply if the minor is accompanied by his or her parent or guardian, or to any licensed premises which derives its principal business from the sale of services commodities other than alcoholic liquor.
(3) Secondary transfer prohibited. No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to any minor; provided, however, that, this division (A)(3) shall not prohibit the consumption of alcoholic liquor by a minor in the performance of a religious ceremony or in the home of such minor pursuant to the approval and supervision of the parent or legal guardian of such minor.
(4) Identification required. If a licensee or any agent of a licensee believes or has reason to believe that a sale or delivery of alcoholic liquor is prohibited because the prospective recipient may be a minor, then the licensee or licensee’s agent shall, before making such sale or delivery, demand adequate written evidence of age.
(a) For the purpose of preventing a violation of this section, any licensee, and any agent of a licensee, may refuse to sell alcoholic liquor to any individual who is unable to produce adequate written evidence of identity and age.
(b) For purposes of this section,
ADEQUATE WRITTEN EVIDENCE OF IDENTITY AND AGE means a document issued by a federal, state, county or municipal government, including, but not limited to, a motor vehicle operator’s license, a registration certificate issued under the Federal Selective Service Act or an identification card issued to a member of the armed forces.
(c) Proof that the licensee, or an agent of the licensee, demanded, was shown and reasonably relied on adequate written evidence of identity and age in any transaction forbidden by this section is an affirmative defense in any proceeding for the suspension or revocation of any local liquor license based on the occurrence of such forbidden transaction. However, it shall not be an affirmative defense if the licensee, or an agent of the licensee, accepted any written evidence of identity or age knowing it to be false or fraudulent.
(5) Warning required. Every licensee shall display at all times, in a prominent and conspicuous place within the licensed premises, a printed card supplied by the City Clerk reading substantially as follows:
WARNING TO PERSONS UNDER 21
YOU ARE SUBJECT TO A FINE UP TO $750 UNDER THE ORDINANCES OF THE CITY OF LAKE FOREST IF YOU PURCHASE ALCOHOLIC LIQUOR OR IF YOU MISREPRESENT YOUR AGE FOR THE PURPOSE OF PURCHASING OR OBTAINING ALCOHOLIC LIQUOR.
(B) Consumption, purchase and possession prohibited. No minor shall consume alcoholic liquor, purchase alcoholic liquor, accept a gift of alcoholic liquor or have alcoholic liquor in his or her possession; provided, however, that, this division (B) shall not prohibit the consumption of alcoholic liquor by a minor in the performance of a religious ceremony or service or in a home pursuant to the direct supervision and approval of the parent or legal guardian of such minor.
(C) False identification prohibited.
(1) Misrepresentation prohibited. It shall be unlawful for any minor to misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor. It shall be unlawful for any minor to present or offer to any licensee, or to the agent of any licensee, any written, printed or photostatic evidence of identity or age that is false, fraudulent, or not his or her own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure alcoholic liquor. It shall be unlawful for any minor to have in his or her possession any false or fraudulent written, printed or photostatic evidence of identity or age.
(2) Transfer and alteration of identification prohibited. It shall be unlawful for any minor to transfer, alter or deface any written, printed or photostatic evidence of identity or age or to obtain any written, printed or photostatic evidence of identity or age by means of false or fraudulent information.
(3) Conveyance of false identification prohibited. It shall be unlawful for any person to sell, give or furnish to any other person any false or fraudulent written, printed or photostatic evidence of identity or age. It shall be unlawful for any person to sell, give or furnish to any other person any evidence of identity or age with the knowledge or intent that such evidence will be used to circumvent the provisions of this chapter.
(D) Handling prohibited. It shall be unlawful for a person to tend any bar in a licensed premises when such person is prohibited by law or ordinance from purchasing, accepting, having in possession or consuming alcoholic liquors.
(E) Parental responsibility. It shall be unlawful for any parent or legal guardian intentionally or knowingly to permit any minor for whom the parent or guardian is responsible to violate any provision of this chapter.
(F) Social hosting.
(1) Prohibited gatherings.
(a) It is unlawful for any person to host, or fail to take reasonable steps to prevent a gathering at any residence or site, other private property, public place or in any conveyance, over which that person has control or a reasonable opportunity for control where illicit drugs or alcoholic liquor have been consumed by a minor, if such person either knew or reasonably should have known that a minor was consuming any illicit drugs or alcoholic liquor.
(b) 1. A person who hosts a gathering shall be deemed to have known or should have known that a minor was consuming illicit drugs or alcoholic liquor if:
a. Such person is present at the site of the gathering at the time any minor consumes illicit drugs or alcoholic liquor; or
b. Such person has not taken appropriate reasonable steps to prevent the consumption of illicit drugs or alcoholic liquor by minors.
2. A person who hosts a gathering does not have to be present at the gathering to be liable under this chapter.
(c) It is the duty of any person who hosts a gathering at his or her place of residence or other private property, public place, any other site under his or her control, or in any conveyance, where minors will be present, to take appropriate reasonable steps to prevent the consumption of illicit drugs or alcoholic liquor by any minor at the gathering.
(2) Exceptions.
(a) This division (F) shall not apply to conduct involving the use of alcoholic liquor that occurs at a religious ceremony or exclusively between a minor and his or her parent, as permitted by state law.
(b) A person who hosts a gathering shall not be in violation of this division (F) if he or she:
1. Seeks assistance from the Police Department or other law enforcement agency to remove any minor who refuses to abide by the person’s performance of the duties imposed by this division (F) or to terminate the gathering because the person has been unable to prevent minor(s) from consuming illicit drugs or alcoholic liquor despite having taken appropriate reasonable steps to do so, as long as such request is made before any other person makes a complaint about the gathering; or
2. Advises law enforcement in advance of departing one’s residence that the owner will be away and no minor is authorized to be present and consume alcoholic liquor at the owners residence.
(G) Use of rented room for consumption by minors. No person shall rent a hotel or motel room from the proprietor or agent thereof for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by minors.
(H) Proof of consumption or possession. There shall be a rebuttable presumption that a minor has consumed or possessed alcoholic liquor in violation of this section where either:
(1) The presence of alcoholic liquor in a minor’s body is shown by a measurement of blood alcohol concentration; or
(2) The arresting officer:
(a) Observes one or more recognized indicia of the presence of alcoholic liquor in a minor’s body, including, without limitation, an odor of alcoholic liquor on the minor’s breath or impaired motor coordination or speech; and
(b) Offers the minor an opportunity to submit to a blood, urine or breath test to determine if alcoholic liquor is present in the minor’s body and the minor refuses to take such a test.
(Prior Code, § 4-22) (Ord. 2013-26, passed 5-20-2013) Penalty, see § 111.999