A. Sales To Minors:
1. Sales Prohibited:
a. It shall be unlawful for any licensee or any bartender, manager, agent or any other person employed by any licensee to sell, serve, give away, furnish or dispense any kind of liquor to any minor. For the purpose of this subsection, a person shall be deemed to be employed by a licensee if he purports to have the authority to make sales, whether actually receiving a wage or not.
b. In any prosecution or proceeding for the suspension or revocation of any license based upon a violation of subsection A1a above proof that the defendant licensee or his agent or employee, demanded and was shown, immediately prior to furnishing any liquor to a person under the age of twenty one (21) years, bona fide documentary evidence of majority and identity of such 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 registered certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces, is a defense to the prosection, or proceeding for the suspension or revocation of any license.
2. In all cases where any licensee or any person employed by any licensee, demands and is shown the documentary evidence of majority and identity specified in subsection A1b of this Section, the licensee shall, at the time of being shown the documentary evidence make a written record of at least the following information appearing on the identification document shown, which record shall be retained and reserved by the licensee for one year thereafter:
a. The type of card or evidence shown.
b. The government or subdivision or agency thereof issuing the evidence.
c. The serial or identification number of the document.
d. The person's full name, age or birth date and description as it appears on the identification card.
3. Penalty: Every person who knowingly:
a. Sells, gives or otherwise furnishes intoxicating liquors to any person under the age of twenty one (21) years; or
b. Leaves or deposits any intoxicating liquors in any place with the intent that the same shall be procured by any person under the age of twenty one (21) years; or
c. Furnishes, gives or causes to be given away any money or thing of value to any person under the age of twenty one (21) years with the knowledge that the money or thing of value is to be used by the person under the age of twenty one (21) years to purchase or procure any intoxicating liquor, is guilty of a City offense.
This subsection A2 does not apply to a parent, guardian or physician of the person under the age of twenty one (21) years.
As used in this subsection A2, "intoxicating liquor" means beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquor or solid, patented or not, containing one-half of one percent (1/2%) or more of alcohol by volume and which is used for beverage purposes. (Ord. 91-14, 6-4-1991)
B. Prohibited Acts By Minors:
1. False Identification:
a. It shall be unlawful for any person, regardless of age, to counterfeit, forge, alter, erase or obliterate any card, writing, paper or document which bears the age of the holder or purported holder thereof, with the intention that such card, writing, paper or document should be used by a minor for the purpose of obtaining any alcoholic beverage or liquor or to sell, lend or give away any such card, writing, paper or document to a minor which could be used by a minor for the purpose of obtaining any alcoholic beverage or liquor.
b. It shall be unlawful for any minor to use or attempt to use or offer any counterfeit, forged, erased or obliterated card, writing, paper or document of the kind mentioned in subsection B1a of this Section, or to verbally falsely represent his or her age, or to use or attempt to use any other persons identification documents, for the purpose of obtaining any alcoholic beverage or liquor from any person within the City.
2. Purchase: It shall be unlawful for any minor to purchase, obtain, or receive in any manner within the City any liquor or alcoholic beverage of any kind from any person; except that at the direction and in the company of a parent or guardian, a minor may consume an alcoholic beverage in the residence of such parent or guardian; further, except that a minor may consume an alcoholic beverage for the purpose of following the direction of a licensed medical practitioner; or except that a minor may consume an alcoholic beverage for the purpose of participation in legitimate religious activities.
3. Possession: It shall be unlawful for any minor to have in his or her custody or possession within the City any alcoholic beverage or liquor of any type or kind, except any sealed alcoholic beverage in the regular course of his or her legitimate employment.
4. Consumption:
a. It shall be unlawful for any minor to consume any kind of alcoholic beverage or liquor in or about the premises of any licensed establishment of the City or elsewhere within the City.
b. It shall be unlawful for any minor to be in possession of any kind of alcoholic beverage or liquor through consumption anywhere in the City; except that at the direction and in the company of a parent or guardian, a minor may consume an alcoholic beverage in the residence of the parent or guardian; except that minor may consume an alcoholic beverage for the purpose of following the direction of a licensed medical practitioner; or except that a minor may consume an alcoholic beverage for the purpose of participation in legitimate religious activities. Possession by consumption shall consist solely of the assimilation of alcohol in the minor's body, and such crime shall not require proof of possession or control prior to consumption or proof of the act of swallowing an alcoholic beverage or liquor.
c. It shall be unlawful for any minor who has consumed any kind of alcoholic beverage or liquor at the direction and in the company of a parent or guardian in the home, to leave the home and go out into the City. Such a minor shall be guilty of possession through consumption as provided for in subsection B4b of this Section.
d. For purposes of this Section, any peace officer may detain any minor whom the officer encounters under circumstances which reasonably indicate that the minor has committed or is committing one of the crimes enumerated in subsections B4a, B4b or B4c of this Section. At any time after this detention, the minor so detained shall be arrested if probable cause for an arrest appears. (Ord. 92-13, 9-15-1992)
C. Loitering:
1. No minor shall spend time in or remain in the bar area of the premises of any licensee hereunder where liquors of any kind are sold or served.
2. It shall be unlawful for any licensee hereunder or the bartender, manager, agent or any other employee of any licensee to knowingly allow or permit any minor to remain in the bar area of the premises of the licensee where liquor of any kind is sold or served.
3. Nothing in the this subsection C shall apply to:
a. The areas, other than the bar and gaming areas, of the establishments wherein liquor of any kind is sold at a bar in an establishment which operates and maintains dining tables or booths or lunch counters or hotel or motel accommodations or other types of businesses separate from the bar; or
b. Any grocery store or drug store where liquor of any kind is not sold by the drink for consumption on the premises.
D. Employment of Minors: It shall be unlawful for any licensee to employ any minor to sell or handle any liquor of any kind, or to permit any minor to handle such liquor in his place of business in any way, except that a person who has attained the age of sixteen (16) years but not yet eighteen (18) years, may be employed in a retail food store for the sale or disposition of liquor if he is supervised by a person who is eighteen (18) years of age or over, who is an owner or employee of the business which sells or disposes of the liquor, and who is actually present at the time the liquor is disposed of or sold, and the liquor is in a sealed or corked container or receptacle. Provided however, that grocery store, shopping center and super market licensees affording box boy or other delivery service from the place of sale to the conveyance of the purchaser shall be responsible under the foregoing prohibition only until the sale is completed, and that minors may nevertheless carry or transport liquors to the conveyance of the purchaser, in which event such purchaser shall be deemed to have assumed full and complete ownership of and responsibility for such liquor. (Ord. 91-14, 6-4-1991)