No retail licensee shall sell, give away or deliver any alcoholic beverages, or procure or permit any alcoholic beverages to be sold, given away or delivered to:
(A) A minor, except that in any prosecution for selling alcoholic beverages to a minor it is an affirmative defense that the sale was induced by the use of false, fraudulent, or altered identification papers or other documents and that the appearance and character of the purchaser were such that his age could not have been ascertained by any other means and that the purchaser's appearance and character indicated strongly that he was of legal age to purchase alcoholic beverages. The evidence may be introduced either in mitigation of the charge or as a defense to the charge itself.
(B) A person actually or apparently under the influence of alcoholic beverages.
(C) An habitual drunkard or any person convicted of drunkenness as many as three (3) times within the most recent twelve (12) month period.
(D) Except as provided in § 3 above, anyone known to the seller to have been convicted of D.U.I. or any other misdemeanor attributable directly or indirectly to the use of alcoholic beverages, or of a felony within the preceding twelve (12) months.
Penalty, see 118.99 (Ord. passed 5-7-92)