§ 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)