§ 4-31. Sales to underage person prohibited.

No holder or employee of the holder of a license authorizing the sale of alcoholic beverages shall do any of the following upon the licensed premises:

(1)

Sell or offer to sell any wine, malt beverage, to any person under the age of 21 years;

(2)

Sell or offer to sell distilled spirits, wine, or malt beverage to any person unless such person has furnished proper identification showing that the person to whom the malt beverage or wine are being sold is 21 years of age or older. For the purposes of this subsection, proper identification means any document issued by a government agency containing a description of the person, such persons' photograph, or both, and giving such person date of birth, including but not limited to, a passport, military identification card, and driver's license, or identification card authorized under an act to require the department of public's safety to issue identification cards to persons who do not have a motor vehicle driver's license. Proper identification shall not include a birth certificate;

(3)

Sell or offer to sell any distilled spirits, malt beverages or wine to any person who is noticeably intoxicated, who is of unsound mind, or who is habitual drunkard whose intemperate habits are known to the licensee or his employees;

(4)

Sell distilled spirits, malt beverages or wine upon the licensed premises or permit malt beverage or wine to be consumed thereon, on any day or at any time when the sale or consumption is prohibited by law;

(5)

The penalty for violation of this section shall be set forth in section 4-7 hereof.

As to penalties if there is change in a majority of the licensed establishments' owners, partners or shareholder, the violations under the old ownership shall not count against the new owners; however, a different corporation, partnership or other association will be charged with the violations of its predecessor(s) if a majority of the owners, partners or shareholders are the same or if prior owners continue in the employee of the new owners.

(Ord. No. 2010-7, 9-15-2010)