(A) Definitions. 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, from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE. Includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and winch contains 0.5% or more of alcohol by volume and which is fit for beverage purposes wither alone or when diluted, mixed or combined with other substances.
GATHERING. A party, gathering or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity.
HOUSEHOLD or PREMISES. Any home, apartment, condominium, premises or other dwelling unit or meeting room or hall, including the yard and cartilage of such household or premises which are owned, rented, leased or under the control of the person or persons responsible for the party, regardless of whether such premises are occupied on a permanent or temporary basis, or merely occupied as a premises for a social function.
LEGAL GUARDIAN.
(a) A person who, by court order, is the guardian of the person of a minor; or
(b) A public or private agency with whom a minor has been placed by the court.
MINOR. Any person under 21 years of age.
PARENT. A person who is a natural parent, adoptive parent, foster parent or stepparent of another person.
PREMISES. Any residence or other private property, place or premises, including any commercial or business premises.
RESPONSE COSTS. The costs associated with responses by law enforcement, fire and other emergency response providers to a 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 other dealing with a gathering, and the administrative costs attributed 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 a gathering;
(c) The cost of repairing any government equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of a gathering; and
(d) Any other allowable costs related to the enforcement of this section.
(B) Hosting, permitting or allowing a party, gathering or event where minors consuming alcoholic beverages prohibited; consumption of alcohol by minor prohibited; presumption.
(1) (a) It is a duty of any person having control of any premises, who knowingly hosts, permits or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverage by any minor at the gathering. Reasonable steps include: controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering; and supervising the activities of minors at the gathering.
(b) It is unlawful for any person having control of any premises to knowingly host, permit or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in division (B)(1)(a) above.
(c) It is unlawful for a person under the age of 21 years to consume alcohol, except as permitted by statute. A person under the age of 21 years is presumed to have consumed alcohol if they have an alcohol concentration of 0.02 or more as measured by a scientifically reliable test or tests of a sample of the person’s breath or blood taken within two hours of the initial contact by a law enforcement officer.
(2) This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent of legal guardian, as permitted by KRS 530.070(1)(a).
(3) This section shall not apply to any Kentucky Department of Alcoholic Beverage Control license at any premises regulated by the Department of Alcoholic Beverage Control.
(Ord. 12.1030-01, passed 9-28-2012) Penalty, see § 130.99