A. Definitions: For purposes of this section, the following definitions shall apply:
ALCOHOLIC BEVERAGE: Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent 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 and "low point beer" as defined herein.
GATHERING: A party, gathering, or event, where a group of three (3) or more persons have assembled or are assembling for a social occasion or social activity.
IMMEDIATE FAMILY MEMBER: A parent, stepparent and/or legal guardian.
INTOXICATING BEVERAGE: Any beverage containing more than three and two-tenths percent (3.2%) alcohol by weight.
LOW POINT BEER: Beverages containing more than one-half of one percent (1/2 of 1%) alcohol by volume, and not more than three and two-tenths percent (3.2%) alcohol by weight, including, but not limited to, beer or cereal malt beverages obtained by the alcoholic fermentation of an infusion of barley or other grain, malt or similar products.
RESPONSIBLE PERSON AT A SOCIAL GATHERING: 1. Any person and/or persons who have actual and/or apparent control of any unlicensed location, public or private, and regardless of their age; or
2. Any person and/or persons at an unlicensed location who give or otherwise provide any alcoholic and/or low point beer but do not accept remuneration; provided, cover charges, admission fees, and/or nominal costs for attending social gatherings at unlicensed locations shall not be considered remuneration.
UNLICENSED LOCATION: Any premises, grounds, buildings, rooms and/or other property, regardless whether public or private, and regardless whether owned, leased, rented or otherwise under the control of any person or persons responsible for that property where there is a social gathering which is not licensed by the city and/or state to sell alcoholic beverage or low point beer.
B. Prohibition For Allowing Persons Under Twenty One Years Of Age To Consume Alcohol And/Or Low Point Beer At Unlicensed Locations:
1. It shall be unlawful for any responsible person having real or apparent control of any unlicensed location to knowingly host, permit, or allow a gathering to take place at said location where even one person under twenty one (21) years of age consumes an alcoholic beverage and/or low point beer, whenever said responsible person either knows a person under twenty one (21) years of age has consumed an alcoholic beverage and/or low point beer or reasonably should have known that a person under twenty one (21) years of age consumed an alcoholic beverage and/or low point beer and that responsible person has not taken reasonable precautions to prevent the consumption of an alcoholic beverage and/or low point beer by a person under twenty one (21) years of age as set forth in subsection B2 of this section.
2. If persons under twenty one (21) years of age are present and alcoholic beverage and/or low point beer are being consumed at that location, the responsible person or persons shall take reasonable precautions to prevent the consumption of alcoholic beverage and/or low point beer by any person under twenty one (21) years of age at the gathering. Reasonable precautions include, but are not limited to, controlling the quantity of such beverages, verifying the age of persons attending, and supervising the activities of the persons under twenty one (21) years of age present.
3. Any person at an unlicensed location who accepts remuneration for any alcoholic beverage and/or low point beer that are being served or otherwise provided shall be subject to all laws, licenses, rules and/or regulations as those in the business of selling such beverages, as a licensed establishment; provided, cover charges, admission fees, and/or nominal costs for attending social gatherings at unlicensed locations shall not be considered remuneration.
4. This section shall not apply to:
a. Any use of alcoholic beverages and/or low point beer by a person under twenty one (21) years of age that occurs within the confines of the family home and under the direct supervision of an immediate family member; or
b. Any use of an alcoholic beverage by a person under twenty one (21) years of age that occurs as part of any religious practice and/or ceremony.
C. Exception: This section shall not apply where prohibited or preempted by state or federal law. (Ord. 1167, 8-12-2014)