(A) Minors:
(1) Serve or deliver; allow to enter or remain:
(a) No holder of a license, his servant or employee, shall sell, give or deliver alcoholic or malt beverages to any person under the age of 21 years of age or permit any person under 21 years of age to enter or remain in the place in which alcoholic or malt beverages are sold.
(b) Any person who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic or malt beverage to any person under the age of 21 years of age, who is not his or her legal ward, medical patient or member of his or her own immediate family, is guilty of a misdemeanor. This subsection does not apply to sales by the commission or a wholesaler to a licensee, as defined under W. S. Title 12.
(2) Purchase; possession; under the influence:
(a) Definition: For the purpose of this subsection, "under the influence" shall mean that alcohol is present in the system and is detectable by the smell of alcohol upon the breath of the individual or by blood alcohol or Breathalyzer test.
(b) Prohibited: No person under the age of 21 shall purchase, attempt to purchase, or have any alcoholic or malt beverage in his or her possession or shall be under the influence of alcoholic or malt beverages.
(c) False identification: No person under the age of 21 shall falsify any identification or use any false identification in order to obtain alcoholic or malt beverages.
(d) Exceptions:
1. Retail food service. No person under the age of 21 shall enter or remain in any establishment which sells alcoholic or malt beverages, except a person under the age of 21 years may enter and remain in any room in which regular retail food service is conducted and which room adjoins a licensed room:
2. Dining room or waiting area within dispensing room:
a. Definitions. As used in this subsection, the following words and terms shall have the meanings ascribed to them in this subsection:
i. ADULT. A person over the age of 21 who is the parent or legal guardian of the person under the age of 21.
ii. DINING ROOM. A specifically delineated area which has been submitted with the licensee's application and has been approved by the governing body.
b. Presence Allowed. This subsection does not apply to a person under the age of 21 years if the underage person is in a dining room or waiting area within the dispensing room with an adult not later than ten o'clock (10:00) P.M.
c. Exceptions. This section does not apply to possession of alcoholic or malt beverages by a person under the age of 21 years:
i. When making a delivery of alcoholic beverages pursuant to his or her employment.
ii. Who is serving alcoholic or malt beverages or otherwise working in a dispensing room pursuant to his or her employment, if the person is at least 18 years of age.
(Ord. 2020-03, passed 9-16-2020)