Pursuant to the authority granted under Iowa Code section 364, this Ordinance is enacted to protect and preserve the rights, privileges, and property of the residents of Mount Vernon and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of the residents of Mount Vernon. The purpose of the ordinance is to prohibit the consumption of controlled substances including any synthetic versions of alcoholic beverages by persons under the age of twenty-one (21) at gatherings where adult persons knowingly tolerate, allow, or permit the illegal possession and consumption of controlled substances or alcoholic beverages by persons under the age of twenty-one (21) on property they own or control.
1. "Adult Person" means any person age eighteen (18) or older.
2. "Juvenile" means any person under the age of eighteen (18).
3. "Parent" means any person having legal custody if a juvenile;
A. As a natural parent, adoptive parent, or stepparent; or
B. As a legal guardian; or
C. As a person to whom legal custody has been given by order of the court.
4. "Underage Person" means any individual under the age of twenty-one (21).
5. "Alcoholic Beverage" means any beverage containing more than one half of one percent of alcohol by volume including alcoholic liquor, wine, or beer.
6. "Premises" means any home, yard, farm, field, land, apartment, condominium, hotel, or motel room or other dwelling, unit, hall or meeting, 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. "Premises does not include property that is licensed to sell or serve alcoholic beverages.
7. "Social Gathering" means any group of three (3) or more persons who have assembled or gathered together for a social occasion or other activity.
1. An adult person who is the legal or equitable owner in possession of the premises or lease of, or who otherwise has possession and control over the premises shall not knowingly tolerate, allow, or permit, during a social gathering.
A. Any person on such premises to possess or consume controlled substances or synthetic alternatives (As defined by Iowa Code sections 124 and 155A); or
B. Any person under the age of twenty-one (21) on such premises to possess or consume any alcoholic beverage (As defined by Iowa Code section 123.47(2)).
2. The presence of any adult person who is the owner or lease or, or who otherwise has control over, a premises during the time that any person possesses or consumes controlled substances or synthetic alternatives or any person under the age of twenty-one (21) possesses or consumes any alcoholic beverages on such property shall be prima facie evidence that such adult knowledge or should have had the knowledge that such activities were occurring.
3. If a person under the age of eighteen (18) hosts a social gathering and the parent (s) of the person under the age of eighteen (18) knows or reasonably should know of the social gathering and know that the consumption or controlled substances or synthetic alternatives by any person or alcoholic beverages by any person under the age of twenty-one (21) is occurring, the parent(s) shall be liable for violating of this Ordinance.
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