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Municipal Code

Chapter 10. Public Peace and Good Order

Sec. 10-43. Social Hosting
 

(a) Definitions. For purpose of this section, the following terms have the following meanings:

(1) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced. 

(2) "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. 

(3) "Event or gathering" means any group of three or more underage persons who have assembled or gathered for a social occasion or other activity.

(4) "Host" or "allow" means to organize, supervise, control, or permit a gathering which is prohibited under section (b). 

(5) "Parent" means any person having legal custody of a juvenile: 

(A) As a natural, adoptive parent or step-parent;

(B) As a legal guardian; or

(C) As a person to whom legal custody has been given by order of the court. 

(6) "Residence", "premises", or "public or private property" means any home, yard, farm, field, land, apartment, condominium, hotel or motel room or other dwelling unit, or a hall or meeting room, park or any other place of assembly, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented or used with or without permission or compensation. 

(7) "Underage person" is any individual under twenty-one (21) years of age. 

(8) "Present" means being at hand or in attendance. 

(9) "In control" means the power to direct, manage, oversee and/or restrict the affairs, business or assets of a person or entity. 

(10) "Possession" means the fact of having or holding property in one's power, the exercise of dominion over property.

(b) Prohibited acts. 

(1) No person may procure for, sell, dispense or give away any alcoholic beverage to any underage person not accompanied by his or her parent, guardian or spouse who has not attained the legal drinking age.

(2) No adult may knowingly permit, host, or fail to take action to prevent the illegal consumption or possession of alcoholic beverage by an underage person on premises owned by the adult or under the adult's control.

(3) No adult may intentionally encourage or contribute to a violation of (b) 1 or 2.

(c) Exceptions. 

(1) This chapter does not apply to conduct solely between an underage person and his or her parent or spouse of legal drinking age and while that parent or spouse is present and in control of the underage person. 

(2) This chapter does not apply to legally protected religious observances. 

(3) This chapter does not apply to situations where the underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.

(d) Penalties.  A person who commits a violation may be:

(1) Required to forfeit not more than $500 plus court costs if the person has not committed a previous violation within 30 months of the current violation.

(2) Be required to forfeit not more than $1,000 plus court costs if the person has committed a previous violation within 30 months of the current violation.

(3) Be required to forfeit not more than $2,500 plus court costs if the person has committed 2 previous violations within 30 months of the current violation.

(4) Be required to forfeit not more than $5,000 plus court costs if the person has committed 3 or more previous violations within 30 months of the current violation.