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Ordinance 1878 <br />Page 3 <br /> <br />10.08.040 Inquiry Prior To Citation: <br />Before taking any enforcement action under this Chapter, a police officer shall ask the <br />apparent offender's age and reason for being in a public place or establishment. The <br />officer shall not issue a citation or make an arrest pursuant to this Chapter unless the <br />officer reasonably believes that an offense has occurred as provided by this Chapter. <br /> <br />10.08.050 Consumption Of Alcoholic Beverages By Minors On Private <br />Property - Cost Recovery: <br />A. It shall be unlawful for any person in possession or control of any private <br />property, premises, or place, such as a private residence, to permit, allow, or host at such <br />property, premises, or place, any gathering of five (5) or more persons under the age of <br />twenty one (21) years where: <br /> 1. any person under the age of twenty-one (21) years is in the possession of, <br /> is consuming, or is under the influence of, alcoholic beverages; and <br /> 2. the person in possession or control of the property or place knows or <br /> should have known that the person in possession of, consuming, or under <br /> the influence of, alcoholic beverages is under the age of twenty-one (21) <br /> years. <br /> 3. This subsection shall not apply if the person under the age of twenty-one <br /> (21) years is in possession of or consuming alcoholic beverages at any <br /> gathering described above if the gathering is for religious or cultural <br /> purposes, and no person under the age of twenty-one (21) years is under <br /> the influence of alcohol consumed at the gathering. <br />B. It shall be unlawful for any person under the age of twenty-one (21) years on any <br />private property, premises, or place, such as a private residence, to be in possession of, <br />consume, or be under the influence of, alcoholic beverages at any gathering described in <br />subsection A of this Section. <br /> 1. This subsection shall not apply if the person under the age of twenty-one <br /> (21) years is in possession of or consuming alcoholic beverages at any <br /> gathering described above in Subsection A of this Section if the gathering <br /> is for religious or cultural purposes, and no person under the age of <br /> twenty-one (21) years is under the influence of alcohol consumed at the <br /> gathering. <br />C. When a police officer determines that a violation of this Section has occurred and <br />further determines that there is a threat to the public peace, health, safety, or general <br />welfare, the person(s) responsible shall be held liable for the cost of providing police <br />services during a second or follow-up response by the police, after a first warning to the <br />person(s) responsible for the event to control the threat to the public peace, health, safety <br />or general welfare. <br />D. Whenever a police officer determines that a violation of this Section has occurred <br />at the same private residence more than once within a sixty (60) day period, the person(s) <br />responsible shall be liable for the cost of providing police services. <br /> <br /> <br />