§ 5.10.3 PENALTIES.
   (A)   A person convicted of violating this chapter shall be guilty of a criminal misdemeanor and shall be punished by imprisonment for not more than six months and by a fine of not less than $250 or more than $500, plus court costs, except that if one or more underage persons found to have been in possession of or consumed an alcoholic beverage was 16 years of age or under, the person convicted of violating this chapter shall be punished by imprisonment of not less than five days, which may not be served on home arrest in addition to any fee.
   (B)   The imposition or execution of the first two days of any sentence of jail may not be suspended and the court may not defer imposition of sentence.
   (C)   Notwithstanding the penalties listed above, a person convicted of violating this chapter shall be responsible for reimbursing the cost of enforcement services or response costs to agencies furnishing emergency responders. Any claim for restitution including, but not limited to, those for enforcement services or response cost, must be filed with the court within 90 days of a conviction under this chapter.
   (D)   A prosecution for violation of this chapter may not be deferred. (1985 Code, § 9.16.030)