GENERAL PROVISIONS
The City Council intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons criminally responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol.
(Ord. 144, passed - -2013)
The City Council finds that:
(A) Alcohol is an addictive drug which, if used irresponsibly, could have adverse effects on those who use it as well as those who are affected by the actions of an irresponsible user;
(B) Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic accidents;
(C) Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 may be harmful to those persons and constitute a potential threat to public health;
(D) Events and gatherings involving underage possession and consumption of alcohol frequently occur outside the presence of parents or legal guardians. There are times, however, when a parent, guardian, or other responsible person is present thereby condoning the activity and, at times, provides the alcohol to persons under the age of 21;
(E) Even though giving or furnishing alcohol to a person under the age of 21 is a crime, it is difficult to prove, and an ordinance is necessary as another tool to help further combat underage possession and consumption of alcohol; and
(F) Holding a person criminally responsible for hosting an event or gathering where underage possession or consumption of alcohol occurs will serve as a deterrent.
(Ord. 144, passed - -2013)
For the purpose of this chapter, 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, whiskey, rum, brandy, gin, or any other distilled spirits, including dilutions and mixtures thereof, from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE. Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains 0.5% or more of alcohol by volume and which is fit for beverage purposes either along or when diluted, mixed, or combined with other substances.
EVENT or GATHERING. A group of three or more persons who have assembled or gathered together for a social occasion or other activity.
HOST. To aid, conduct, allow, entertain, organize, supervise, control, or permit an event or gathering regardless of whether or not the host is present.
PARENT. A person having the following relationship with a person under the age of 21:
(1) A natural parent, adoptive parent, or step-parent;
(2) A legal guardian; or
(3) A person to whom legal custody has been given by order of a court.
PERSON. An individual, partnership, co-partnership, corporation, or an association of one or more individuals. PERSON does not include a city, county, or state agency.
REASONABLE STEPS. Steps taken by a person hosting an event or gathering in order to prevent underage possession or consumption of alcohol or alcoholic beverages. REASONABLE STEPS may include, but are not limited to:
(1) Controlling access to alcohol or alcoholic beverages in a manner that no underage person has access to the alcohol or alcoholic beverages at the gathering or event;
(2) Directly supervising the activities of underage persons at the gathering or event either in person or through a responsible adult;
(3) Checking the identification of the attendees of the event or gathering in order to determine age; and
(4) Other actions taken by a person hosting an event or gathering in order to prevent underage possession or consumption of alcohol or alcoholic beverages.
RESIDENCE or PREMISES. Any location, including a home, yard, farm, field, land, apartment, condominium, hotel room, or other dwelling unit, or a hall or meeting room, 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 our without permission or compensation.
UNDERAGE PERSON. An individual under 21 years of age.
(Ord. 144, passed - -2013)
(A) It is unlawful for a person to host or allow a gathering or an event at any residence or premises where alcohol or alcoholic beverages are present when the person knows or should reasonably know that an underage person will or does:
(1) Consume any alcohol or alcoholic beverage; or
(2) Possess any alcohol or alcoholic beverage with the intent to consume it; and
(3) The person fails or has failed to take reasonable steps to prevent possession or consumption by the underage person(s).
(B) A person is criminally responsible for violating division (A) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act.
(C) A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible.
(Ord. 144, passed - -2013) Penalty, see § 93.99
Loading...