(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl or spirits of wine, whiskey, rum, brandy, gin or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE. Alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine, beer and which contains 0.5% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
CONVEYANCE. Any vehicle, trailer, watercraft or container operated for the transportation of persons or property.
EVENT or GATHERING. Any group of three or more persons who have assembled or gathered together for a social occasion or other activity.
HOST. To aid, conduct, allow, entertain, organize, supervise, control or permit a gathering or event.
ILLICIT DRUGS. Any drug, substance or compound, prohibited by law, including drugs prescribed by a physician which are in the possession of or used by someone other than the person to whom the drug was prescribed.
PARENT. Any person having legal custody of a juvenile:
(a) As a natural, adoptive parent or stepparent;
(b) As a legal guardian; or
(c) As a person to whom legal custody has been given by order of the court.
PERSON. Any individual, partnership, co-partnership, corporation or any association of one or more individuals.
RESIDENCE or PREMISES. Any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented or used with or without permission or compensation.
UNDERAGE PERSON. Any individual under 21 years of age.
RELIGIOUS CEREMONY. The possession, consumption and dispensation of alcohol or an alcoholic beverage for the purpose of conducting any bona fide rite or religious ceremony.
RESPONSE COSTS. The costs associated with responses by law enforcement, fire and other emergency response providers to an event or gathering, including, but not limited to:
(a) Salaries and benefits of law enforcement, code enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at or otherwise dealing with an event or gathering, and the administrative costs attributable to such response(s);
(b) The cost of any medical treatment for any law enforcement, code enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of an event or gathering; and
(c) The cost of repairing any village equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of an event or gathering.
REASONABLE STEPS. Controlling access to alcoholic beverages at the event or gathering; controlling the quantity of alcoholic beverages present at the event or gathering; verifying the age of persons attending the event or gathering by inspecting drivers licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages while at the event or gathering; and supervising the activities of minors at the event or gathering, calling for police assistance in the event people under 21 are in possession of alcohol at the event or gathering or advising law enforcement in advance of departing one’s residence that the owner will be away and no underage person is authorized to be present and consume alcohol at the owner’s residence.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office building, transport facilities, parks, businesses or parking lots.
(B) It is unlawful for any person(s) to host, permit, allow or fail to take reasonable steps to prevent an event or gathering at any residence, premises or on any other private or public property or in any conveyance where illicit drugs, alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does consume any illicit drugs, alcohol or alcoholic beverage or the person fails to take reasonable steps to prevent possession or consumption of illicit drugs alcohol or alcoholic beverage by the underage person(s).
(C) A person is responsible for violating division (B) above if the person intentionally aids, advises, hires, counsels, conspires with, otherwise procures another to commit or knows or should have known about the prohibited act.
(D) A person who hosts an event or gathering shall not be in violation of this section if he or she seeks assistance from the police department or other law enforcement agency to remove any person who refuses to abide by the host’s performance of the duties imposed by this section; or terminates the event or gathering because the host has been unable to prevent underage persons from consuming illicit drugs, alcohol or alcoholic beverages despite having taken all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the event or gathering.
(E) A person who hosts an event or gathering does not have to be present at the event or gathering to be guilty of a violation of this section.
(F) This section shall not apply to conduct involving the use of alcoholic beverages that occurs at a religious ceremony or exclusively between an underage person and his or her parent or legal guardian, as permitted by state law.
(G) Any person violating any provision of this section, or any rule or regulation adopted or issued pursuant thereof, or any provisions of any code adopted herein by reference shall, upon adjudication of guilt, be subject to a fine of not less than $25, nor more than $750, and the costs of prosecution and response costs.
(Ord. 09-O-03, passed 2-26-2009)