(A) Falsification of application. It is unlawful for any person or organization to knowingly submit any false information or false fact as true, or to submit a fact or piece of information without knowing such to be true or false, on an application for any license or permit authorized by this chapter, and each application being submitted shall be sworn to be true to the best of the knowledge by the person submitting such application.
(B) Possession by underage persons. It is unlawful for any person under the age of 21 years to buy, sell, drink, consume, possess, or solicit the sale or purchase of alcoholic liquor or malt beverage in the town. As used in this section, POSSESSION shall also include alcohol which has been consumed and is present within the body at the time of determination. The prohibitions against possession of alcoholic liquor or malt beverages by a person under the age of 21 years specified in this section shall not apply as follows:
(1) When the person is making a delivery of alcoholic liquor or malt beverages pursuant to his or her employment;
(2) When the person is serving alcoholic liquor or malt beverages pursuant to his or her employment in a restaurant which holds a license to serve alcoholic liquor or malt beverages, if the person is at least 18 years of age. The term
SERVING in this division (B) does not include the mixing or dispensing of alcoholic beverages; or
(3) To a person who is a licensee under this title.
(C) Sale to underage persons. It is unlawful for any person to sell, give, or deliver any alcoholic liquor or malt beverage to any person under the age of 21 years; provided, however, that such prohibition shall not apply as follows:
(1) A person under the age of 21 years who is in the physical presence of his or her parent, spouse, or legal guardian who is 21 years of age or older;
(2) As part of a church’s or religious organization’s religious services;
(3) For medical purposes pursuant to a lawful prescription; or
(4) To sales by the division or a wholesaler to a licensee.
(D) Use of false proof of age or identity. It is unlawful for any person under the age of 21 years to make, use, or possess any identification which falsely indicates the person’s age as greater than 21 years, whether in the person’s correct name or not or to attempt to obtain any alcoholic liquor or malt beverage using any false identification.
(E) Dispensing room restrictions.
(1) It is unlawful for any person under the age of 21 years to enter or remain in the dispensing room or brewing area of any premises licensed or permitted under this chapter to dispense or brew alcoholic liquor or malt beverages.
(2) No licensee, permittee, or agent, employee, or servant of a licensee or permittee shall permit any person under the age of 21 years to enter or remain in a dispensing room or brewing area of a licensed premises owned or operated by them.
(3) There shall be an exception to this division (E) for a licensee’s employee under the age of 21 years to enter a dispensing room or brewing area in the course of their employment when such room or area is not open for the sale or dispensing of alcoholic beverages or brewing of malt beverages.
(Prior Code, § 4-1D-6) (Ord. 381, passed 11-16-2017) Penalty, see § 1-4-1