7.02.100 Permitting Possession or Consumption of Alcohol or Cereal Malt Beverage on Licensed Premises by a Minor Prohibited.
(A) No licensee or permit holder, or any owner, officer or employee thereof, shall knowingly or unknowingly permit the possession or consumption of alcoholic liquor or cereal malt beverage by a minor on premises where alcoholic beverages are sold by such licensee or permit holder, except that a licensee’s or permit holder’s employee who is not less than 18 years of age may serve alcoholic liquor or cereal malt beverage under the on-premises supervision of the licensee or permit holder, or an employee who is 21 years of age or older.
(B) The minimum penalty shall be:
(1) Upon a first violation, a fine of Two Hundred Fifty Dollars ($250.00);
(2) Upon a second violation charged within a three (3) year period of a prior violation, a fine of Five Hundred Dollars ($500.00);
(3) Upon a third violation charged within a three (3) year period of a prior violation, a fine of Seven Hundred Fifty Dollars ($750.00), and
(4) Upon a fourth violation charged within a three (3) year period of a prior violation, a fine of One Thousand Dollars ($1,000.00) and revocation of City license.
(5) The three (3) year time period is calculated from the date the Police Chief or designated representative issues an order that a first violation occurred. Any violation charged during the ensuing three (3) year time period (irrespective of the date the Police Chief or designated representative issues the order that another violation has occurred) is calculated towards the enhanced penalty.
(C) It shall be a defense to a civil fine under this section if:
(1) The licensee or permit holder, or any owner, officer or employee permitted the minor to possess or consume the alcoholic liquor or cereal malt beverage with reasonable cause to believe that the minor was 21 or more years of age; and
(2) To possess or consume the alcoholic liquor or cereal malt beverage, the minor exhibited to the licensee or permit holder, or any owner, officer or employee a draft card, driver’s license, birth certificate or other official or apparently official document purporting to establish that such minor was 21 or more years of age.
(D) This section shall not apply to the furnishing of cereal malt beverage by a parent or legal guardian to such parent’s child or such guardian’s ward. (Ord. 15-23 § 7, 2015; Ord. 13-08 § 1, 2013; Ord. 97-51 § 2, 1997; Ord. 89-150 § 7, 1990.)