Ch3.§3-2 · City of Nowthen public records

A. The City Council intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons criminally responsible who host events or gatherings where persons under twenty one (21) years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplies the alcohol. B. The City Council hereby finds that: 1\. Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of twenty-one are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement. 2\. Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions. 3\. Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user.   4\. Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent(s) is/are present, and condone the activity, and in some circumstances provide the alcohol. 5\. Even though giving or furnishing alcohol to an unrelated underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption. 6\. A deterrent will be created by holding a person criminally responsible for hosting an event or gathering where underage possession or consumption of alcohol occurs. (Ord. #28, adopted February 20, 2009) 3-3-3: DEFINITIONS: The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 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. 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. Event or Gathering: means any group of three or more persons who have assembled or gather together for a social occasion or other activity. Host or allow: means to aid, conduct, entertain, organize, supervise, control, or permit a gathering or event. Parent: means any person having legal custody of a juvenile, such as a natural, adoptive parent, or stepparent, as a legal guardian; or as a person to whom legal custody has been given by order of the court. Person: means any individual, partnership, co-partnership, corporation, or any association of one or more individuals. A person does not include any city, county, or state agency. 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. Underage Person: means any individual under twenty-one (21) years of age. (Ord. #28, adopted February 20, 2009)

Ch.3 § 3-2

Amendment history