§ 5-40.03. Definitions.

For the purposes of this chapter, the following definitions shall apply:

(a)

"Alcoholic beverage" shall mean alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half (½) 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.

(b)

"Juvenile" means any person under eighteen (18) years of age.

(c)

"Gathering of underage drinkers" shall mean a party, event or gathering where four (4) or more underage persons are present at a residence or other private property in which alcoholic beverages are being consumed or possessed by any underage person.

(d)

"Residence" or "other private property" shall mean a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.

(e)

"Responsible person" shall mean a person or persons with a right of possession of the residence or other private property at which a gathering of underage drinkers is conducted. A responsible person need not be present at such gathering and prior knowledge of the gathering of underage drinkers is not a prerequisite to a finding that any specific individual is a responsible person as defined by this section. Responsible person includes, but is not limited to:

(1)

Owner(s) and/or lessee(s) of the property where a gathering of underage drinkers is taking place, including the record owner of the title to property, wherever that person or entity may currently reside;

(2)

Person(s) hosting a gathering of underage drinkers;

(3)

Person(s) receiving money or other consideration for granting access to a gathering of underage drinkers;

(4)

Parent(s) or legal guardian(s) of a minor who is also a responsible person;

(5)

Tenant of the residence or other private property;

(6)

Person(s) in charge of the residence or other private property.

(f)

"Underage person" shall mean any person under twenty-one (21) years of age.

(§ 1 (part), Ord. 1093, eff. July 5, 2006)