(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly 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 which contains 0.5% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. This term includes intoxicating beverages, as defined herein.
GATHERING. A party, gathering or event where a group of three or more persons has assembled or is assembling for a social occasion or social activity.
INTOXICATING BEVERAGE. A beverage containing more than 3% alcohol by weight.
LEGAL GUARDIAN.
(a) A person who, by court order, is the guardian 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, a foster parent, an adoptive parent or a stepparent of another person.
PREMISES. Any residence or other private place or premises, including any property, 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 otherwise dealing with a gathering, and the administrative costs attributable 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 town 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) Consumption by minor. Except as permitted by state law, it is unlawful for any minor to:
(1) Consume any alcoholic beverage at any public place or any place open to the public; or
(2) Consume at any place not open to public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage the minor is being supervised by his or her parent or legal guardian.
(C) Hosting or permitting a gathering.
(1) Duty of host.
(a) It is the 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 beverages by any minor at the gathering.
(b) Reasonable steps are 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 by inspecting driver’s licenses or other government issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering, and supervising the activities of minors at the gathering.
(2) Prohibitions. 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 (C)(1) above.
(3) Exemptions.
(a) This division (C) shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian.
(b) Nothing in this division (C) should be interpreted to prohibit any family activity held in the confines of the family home from providing the use of alcohol to immediate family members within the supervision of parents and guardians. However, if a minor leaves such a family gathering and is found in public, then said providers of alcohol will be held responsible in the same manner as a non- family gathering.
(c) Nothing in this division (C) should be interpreted to prohibit any religious practice, which includes the use of alcohol. However, if a minor leaves such a religious gathering intoxicated and is found to be in public, then said providers of alcohol will be held responsible in the same manner as a non-religious gathering.
(d) This division (C) shall not apply to any premises licensed by the state to dispense alcoholic beverages.
(D) Exemptions. This section shall not apply where prohibited or preempted by state or federal law.
(Prior Code, § 6-5-2) (Ord. 2008-9, passed 11-10-2008; Ord. 2018-6, passed 3-11-2019) Penalty, see § 130.99