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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.
1. It shall be an affirmative defense to this Ordinance if an adult in control of a premises where a social gathering is taking place takes reasonable steps to prevent the possession and consumption of alcohol by persons under the age of twenty-one (21) and the possession and consumption of controlled substances including any synthetic versions by any persons while on such premises.
2. Reasonable steps include, but are not limited to:
A. Ensuring that minors do not consume alcoholic beverages by controlling access to alcoholic beverages after verifying the age of persons attending the gathering by inspecting drivers' licenses or other government-issued identification cards; or
B. Prohibiting the illegal consumption or possession of controlled substances, including the abuse of the medications or use of synthetic alternatives at the gathering; or
C. Supervising the activities of minors at the gathering; or
D. Notifying law enforcement of any illegal or unsafe activities.
1. This Ordinance does not apply to the following situations:
A. When an individual's action is permitted under Iowa Code section 123.47(2); or
B. When alcohol is consumed during a legally protected religious observance; or
C. When alcohol is consumed solely between an underage person and his or her parents while present in the parents' household; or
D. When a person who hosts, permits, or allows a social gathering seeks immediate assistance from local law enforcement; or
E. This ordinance shall not apply to a landlord or manager.
F. This ordinance does not apply to residence halls located directly on any college or university campus.