Title 5 BUSINESS LICENSES AND REGULATIONS
Chapter 5.08 ALCOHOL SALES
5.08.160 Misrepresenting age.
A. Any person to whom the sale, gift or delivery of any
alcoholic liquor is prohibited because of age, shall not purchase or accept a
gift of such alcoholic liquor or have such alcoholic liquor in his
possession.
B. If a licensee or his agent believes or has reason to
believe that a sale or delivery of any alcoholic liquor is prohibited because of
the nonage of the prospective recipient, he shall, before making such sale or
delivery, demand presentation of some form of positive identification,
containing proof of age, issued by a public official, in the performance of his
official duties.
C. For the purposes of preventing the violation of this
section, any licensee, or his agent or employee may refuse to sell or serve
alcoholic beverages to any person who is unable to produce adequate written
evidence of identity and of the fact that he or she is over the age of
twenty-one years.
D. Proof that the licensee, or his employee or agent
demanded, was shown and reasonably relied upon such positive identification in
any transaction forbidden by this section is competent evidence and may be
considered in any prosecution therefor or in any proceedings for the suspension
or revocation of any license based thereon.
E. No person shall transfer, alter or deface such
identification card; use the identification card of another; carry or use a
false or forged identification card; or obtain an identification card by means
of false information. No person shall purchase, accept delivery of or have
possession of alcoholic liquor in violation of this section.
F. The possession and dispensing, or consumption by a person
of nonage of alcoholic liquor in the performance of a religious service or
ceremony or the consumption by a person of nonage under the direct supervision
and approval of the parents or parent of such person of nonage in the privacy of
a home is not prohibited by this section. (Ord. 1979-16 § 2, 1979; Ord.
7-1974 § 5, 1974)