A. Restricted Sales: No licensee or any officer, associate, member, representative, agent or employee of such 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 under legal disability or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to another person under the age of twenty one (21) years, except in the performance of a religious ceremony or service.
B. Proof Of Age Required:
1. For the purpose of preventing the violation of this section, any licensee or his 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.
2. 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 employee or agent, demanded, was shown and reasonably relied upon such written evidence in any transaction, forbidden by this Section is an affirmative defense in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon. It shall not, however, be an affirmative defense if the agent or employee accepted the written evidence knowing it to be false or fraudulent.
3. However, no agent or employee of the licensee shall be disciplined or discharged for selling or furnishing liquor to a person under twenty one (21) years of age if the agent or employee demanded and was shown, before furnishing liquor to a person under twenty one (21) years of age, adequate written evidence of age and identity of the person 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. This subsection, however, shall not apply if the agent or employee accepted the written evidence knowing it to be false or fraudulent.
C. False Or Fraudulent Identification:
1. Any person who sells, gives or furnishes to any person under the age of twenty one (21) years, any false or fraudulent written, printed, or photostatic evidence of the age and identity of such person or who sells, gives or furnishes to any person under the age of twenty one (21) years evidence of age and identification of any other person is guilty of a violation of this Section.
2. Any person under the age of twenty one (21) years who presents or offers to any licensee, his agent or employee, any written, printed or photostatic evidence of age and identity which is false, fraudulent or not actually his 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 possession any false or fraudulent written, printed or photostatic evidence of age and identity, is guilty of a violation of this Section.
D. Minor In Possession:
1. Any person under the age of twenty one (21) years who has any alcoholic beverage in his possession on any street or highway or in any public place or in any place open to the public is guilty of a violation of this Section. This subsection 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.
2. Any person shall be guilty of a violation of this Section where he or she knowingly permits a gathering at a residence which he or she occupies of two (2) or more persons where any one or more of the persons is under eighteen (18) years of age and the following factors also apply:
a. The person occupying the residence knows that any such person under the age of eighteen (18) is in possession of or is consuming any alcoholic beverage; and
b. The possession or consumption of the alcohol by the person under eighteen (18) is not otherwise permitted by this Section; and
c. The person occupying the residence knows that the person under the age of eighteen (18) leaves the residence in an intoxicated condition.
3. For the purposes of this subsection where the residence has an owner and a tenant or lessee, there is a rebuttable presumption that the residence is occupied only by the tenant or lessee.
4. Any person who rents a hotel or motel room from the proprietor or agent thereof for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by persons under the age of twenty one (21) years shall be guilty of a violation of this Section. (Ord. 615, 3-6-1995)