Section 3-47 Persons under twenty-one years of age.

Prior to the adoption of 2002-3-47a on 02/11/2002, Section 3-47 read as follows.

    (a)    Furnishing. It shall be unlawful and punishable as provided in section 1-6 of this Code for any person holding an alcoholic beverage license, or any other person, or his agent or employee, to sell or give away, or permit the sale or gift of any alcoholic beverage to any person under the age  of twenty-one (21), except for medical purposes pursuant to a prescription of a physician duly  authorized to practice medicine in this state, or in the home with parental consent.  No person shall be allowed to sell alcoholic beverages until that person has undergone a training program for employees of the license holder regarding the sale of alcoholic beverages to underage persons. Such a training program may be implemented by written materials, videotape, computer program or any combination thereof.  If called upon by the city council to do so, the license holder shall provide written proof to the city council or its designated representative that the required training program was in effect at all pertinent times, and, at a minimum, such written proof shall consist of the text  of the program, whether presented in writing, by way of videotape or otherwise; provided further, however, that the written proof of training program requirement may be satisfied by the  presentation of a statement signed by the employee which contains the following language:

Statement of Training

    I,                                                  [name of employee], an employee of________________________________________________[ name of license holder],  hereby  certify that I have read the provisions of Sections 3-25(g) and 3-47 of the Code of the City of Thomasville; that the wording of those code sections have been explained to me by my employer or  a representative of my employer; and that I understand the meaning and intent of the code sections. I further acknowledge that I understand that the sale of alcoholic beverages to persons under the age of twenty-one (21) is not permitted under the law, and that if I make a sale of alcoholic  beverages to a person under the age of twenty-one (21) without that person having furnished proper identification as that term is defined in Section 3-47 of the Code of the City of Thomasville, I am subject to prosecution in the municipal court of the City of Thomasville.

I give this Statement of Training this        day of                                    ,  2____.

The training described

above confirmed by:    

______________________________        ______________________ _________

Representative signature of                         Employee    signature

employer/license holder

responsible for training

the above named employee

No person shall be convicted under this section if such person has been furnished  with proper identification showing that the person who is being furnished alcoholic beverages is twenty-one  (21) years of age or over.  For purposes of this section, the term “proper identification”  means any  document issued by a governmental agency containing a description of the person, with the  person’s photograph, and giving the person’s date of birth and includes, without being limited to , a passport, military identification card, driver’s license, or state identification card.  The  licensee  shall cause all persons who appear to be near the legal age to exhibit, and the licensee or his  employee shall inspect, one (1) of the means of identification allowed above.

    (b)    Consumption, possession. Except as hereinafter provided, it shall be unlawful and  punishable as provided in section 1-6 of this Code for any person under the age of twenty-one (21)  to  purchase, or to possess or consume any alcoholic beverage  except for medical purposes pursuant to the prescription of a physician duly authorized to practice medicine in this state, or  except  in the home with parental consent.  For purposes of enforcement of this section, parental  consent for the possession or consumption of alcoholic beverages in the home shall be considered  to have been given when attested to by the custodial parent or guardian and not merely by the assertion of the person under the age of twenty-one (21) whose conduct is under consideration.

    (c)    Attempting to purchase or possess alcoholic beverage. It shall be unlawful for any person under the age of twenty-one (21) years to attempt to purchase or possess any alcoholic beverage.

    (d)    Use of faked, etc., credentials. It shall be unlawful for any person under the age of twenty-one  (21) years to exhibit faked, forged or borrowed credentials in an effort to obtain alcoholic  beverages to which he is not entitled.

    (e)    Underage persons on licensed premises. No person who holds an alcoholic beverage  license, or his agent or employee, shall allow any person who has not attained the age of twenty-one  (21)  to be in, frequent or loiter about the licensed premises unless such person is accompanied  by a parent or legal guardian, or unless such person is an employee of the license holder; provided,  however, that such person shall be permitted in restaurants or other places serving food without being accompanied by a parent or legal guardian.

    (f)    Employment of persons under twenty-one years of age. Nothing contained in this section  shall be construed to prohibit any person under twenty-one (21) years of age from:

    (1)    Dispensing, serving, selling or handling alcoholic beverages as a part of employment in  any licensed establishment (see subsection (g));

    (2)    Being employed in any establishment in which alcoholic beverages are distilled or manufactured;

    (3)    Taking orders for, and having possession of, alcoholic beverages as a part of employment  in a licensed establishment (see subsection (g)).

    (g)    Persons under eighteen years of age not to be allowed or required to serve, sell or take  orders for alcoholic beverages; exceptions.

    (1)    No person shall allow or require  a person in his employment under eighteen (18) years of age to dispense, serve, sell or take orders for any alcoholic beverages.

    (2)    The provisions of this section  shall not prohibit persons under twenty-one (21) years of age who are employed in supermarkets, convenience stores, breweries or drug-stores from selling or handling alcoholic beverages which are sold for consumption off the premises.

(Code 1958,  5-27; Ord. of 9-22-86(3); Ord. of 7/24/00(b); Ord. of 1-30-02(a)