§ 4-41. No sale, gift, or delivery to or by minors or incompetents.

(a)

No licensee or permittee, or any officer, associate, member, representative, agent or employee of such licensee or permittee shall sell, give, deliver, or serve any 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 to be under legal disability or in need of mental treatment.

(b)

No person under the age of twenty-one (21) years shall purchase, accept, or procure or attempt to purchase, accept, or procure any alcoholic liquor from any licensee or permittee in the city or from any other person.

(c)

No person shall purchase or otherwise obtain alcoholic liquor and then sell, give, or deliver such alcoholic liquor to another person under the age of twenty-one (21) years unless in the performance of a religious ceremony or service.

(d)

For the purpose of preventing a violation of this section, any licensee or permittee, or his agent or employee may refuse to sell or serve alcoholic liquor to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is twenty-one (21) years of age or older.

(e)

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 a licensee or permittee, or his agent or employee, demanded, was shown, and reasonable relied upon such written evidence in any transaction, prohibited by this section is competent evidence and may be considered in any criminal prosecution therefore or to any proceedings for the suspension or revocation of any license or permit based thereon.

(f)

It shall be unlawful for any person under the age of twenty-one (21) years to provide any false or fraudulent written, printed, or photostatic evidence of the age and identity of such person or to sell, give or furnish to any person under the age of twenty-one (21) years, evidence of age and identification of any other person.

(g)

It shall be unlawful for any person under the age of twenty-one (21) years to present or offer to any licensee or permittee, or 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 or attempting to purchase or otherwise procuring or attempting to procure, the serving or sale of any alcoholic liquor, or to have in his or her possession any false or fraudulent written, printed or photostatic evidence of age or identity.

(h)

It shall be unlawful for any person under the age of twenty-one (21) years to have any alcoholic liquor in his or her possession on any street or highway, in any public place, or in any place open to the public. This prohibition shall not apply to possession by a person under the age of twenty-one (21) years making a delivery of alcoholic liquor pursuant to the order of his or her parent or in pursuant of his or her employment.

(Ord. No. 13-2012, 3-20-2012)