4-2-31: SALE OR DELIVERY RESTRICTIONS; MINORS, INTOXICATED PERSONS AND THE LIKE:
   A.   No licensee nor any officer, associate, member, representative, agent, or employee of the licensee shall sell, give, or deliver alcoholic liquor to any person under the age of twenty one (21) years or to any intoxicated person or to any person known by him or her to be a habitual drunkard, a spendthrift, insane, mentally ill, mentally deficient, or in need of mental treatment. No person, after purchasing or otherwise obtaining liquor, shall sell, give, or deliver the alcoholic liquor to another person under the age of twenty one (21) years, except in the performance of a religious ceremony or service.
   B.   For the purpose of preventing the violation of this section, any licensee, or his or her 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 twenty one (21) years.
   C.   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 Selective Service Act, or an identification card issued to a member of the armed forces. Proof that the defendant-licensee, or his or her 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 thereof in any proceedings for the suspension or revocation of any license based thereon.
   D.   Any person under the age of twenty one (21) years who presents or offers to any licensee, his or her agent, or employee any written, printed, or photostatic evidence of age and identity which is false, fraudulent, or not actually his or her own for the purpose of ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure the serving of any alcoholic beverage or who has in his or her possession any false or fraudulent written, printed, or photostatic evidence of age and identity is guilty of a misdemeanor.
   E.   Any person under the age of twenty one (21) years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor. This section does not apply to possession by a person under the age of twenty one (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.
   F.   Any person to whom the sale, gift, or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of such alcoholic liquor or have such alcoholic liquor in his or her possession.
   G.   If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the non-age of his or her prospective recipient, he or she shall before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.
   H.   No person shall transfer, alter, or deface such an identification card; use the identification card of another, carry or use a false or forged identification card; or obtain an identification card by means of false information. No person shall purchase or accept delivery or have possession of alcoholic liquor in violation of this division. The consumption of alcoholic liquor by any person under twenty one (21) years of age is forbidden. Whoever violates any provisions of this division shall be guilty of a misdemeanor.
   I.   The possession and dispensing, or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a minor in the privacy of a home, is not prohibited by this section. (Ord. 2015-4, 4-14-2015)