Sec. 46-10. - Unlawful possession or consumption of alcoholic beverages by underage persons.

(a)

Except as provided for herein, it shall be prohibited under the terms of this section for any person under the age of 21 years to purchase, possess or consume any alcoholic beverages within the town.

(b)

No person who exercises control over private real property may allow any other person under the age of 21 years who is not a child or minor ward of the person to possess or consume alcoholic beverages on the property, or allow any other person under the age of 21 years who is not a child or minor ward of the person to remain on the property if the person under the age of 21 years possesses or consumes alcoholic beverages on the property. The prohibitions of this subsection apply only to a person who is present and in control of the location at the time the possession or consumption occurs. The prohibitions of this subsection do not apply to the owner of rental property, or the agent of an owner of rental property, unless the possession or consumption occurs in the individual unit in which the owner or agent resides or unless the possession or consumption occurs while the owner or agent is present on the property.

(c)

The odor or presence of alcoholic beverages upon the breath of any minor shall be prima facie evidence of possession for the purposes of this section. If a law enforcement officer has reasonable grounds to believe that a minor has consumed any alcoholic beverage, the officer may require the minor to submit to a field evidentiary test.

(d)

Nothing contained in this chapter shall be construed as prohibiting a parent or legal guardian of a minor from giving a minor alcoholic beverages or permit a minor to consume it within the home of the parent or legal guardian of the minor or at other private places not in view of the public where the parent or legal guardian is present.

(e)

Reserved.

(Ch. 848, § 6-21-2004; Ch. 903, § 1, 10-20-2008; Ch. 905, § 1, 1-5-2009; Ch. 1005, § 2, 11-3-2014)