(A) (1) No licensee nor any officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of 21 years, or to any intoxicated person or to any person known by him or her to be under legal disability or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service.
(2) For the purpose of preventing the violation of this section, any licensee, or his agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is over the age of 21 years.
(3) Adequate written evidence of age and identity of the person is a document issued by a federal, state, county or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selection Service Act, or an identification card issued to a member of the Armed Forces. Proof that the defendant-licensee, or his employee or agent, demanded, was shown and reasonably relied upon such written evidence in any transaction, forbidden by this section is competent evidence and may be considered in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
(4) No person shall sell, give, or furnish to any person under the age of 21 years any false or fraudulent written, printed, or photostatic evidence of the age and identity of such person or sell, give or furnish to any person under the age of 21 years evidence of age and identification of any other person 21 years of age or older.
(5) No person under the age of 21 years shall present or offer to any licensee, his agent or employee, any written, printed or photostatic evidence of age and identity which is false, fraudulent, or not actually his own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage, or shall have in his possession any false or fraudulent written, printed, or photostatic evidence of age and identity.
(6) No person under the age of 21 years shall have any alcoholic beverage in his possession on any street or highway or in any public place or in any place open to the public. This section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment.
(B) Any person shall be guilty of a violation of this section where he or she knowingly permits a gathering at a residence which he or she occupies of two or more persons where any one or more of the persons is 18 years of age and the following factors also apply:
(1) The person occupying the residence knows that any such person under the age of 18 is in possession of or is consuming any alcoholic beverage;
(2) The possession or consumption of the alcohol by the person under 18 is not otherwise permitted by this section; and
(3) The person occupying the residence knows that the person under the age of 18 leaves the residence in an intoxicated condition.
(C) For the purposes of this section where the residence has an owner and a tenant or lessee, there is a rebuttable presumption that the residence is occupied only by the tenant or lessee.
(D) No person shall rent a hotel or motel room from the proprietor or agent thereof for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by persons under the age of 21 years.
(Ord. 90-12, passed 6-19-90)