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parent or other adult is present and condones the activity, and in some circumstances <br /> provides the alcohol. <br /> e. Although furnishing alcohol to an underage person is a crime, it is difficult to prove, <br /> and an ordinance is necessary to help further combat underage consumption. <br /> f. A deterrent effect will be created by holding a person criminally responsible for <br /> hosting a gathering where underage possession or consumption occurs. <br /> (2) The purpose of this section is to discourage underage possession and consumption of <br /> alcohol, even if done within the confines of a private residence, and to hold persons <br /> criminally responsible who host gatherings where persons under 21 years of age possess <br /> or consume alcohol, regardless of whether the person hosting the gathering supplied the <br /> alcohol or was present. <br /> (3) The city council intends that this section should not target parents who may have <br /> alcoholic beverages on their premises but who have issued a standing order that alcohol <br /> is not to be consumed by underage persons on those premises. <br /> (3) The definitions in City Code Section 34.1 shall apply to this section. <br /> (b) Prohibited acts. <br /> (1) It is unlawful for a person to host or allow a gathering on any premises if: <br /> a. The person knows that alcohol or alcoholic beverages will be present; and <br /> b. The person knows that an underage person will attend, or is likely to attend; and <br /> c. The person fails to take reasonable steps to prevent the possession or consumption <br /> of alcoholic beverages by an underage person; and <br /> d. An underage person consumes an alcoholic beverage, or possesses an alcoholic <br /> beverage with the intent to consume it, at the gathering. <br /> (2) Examples of reasonable steps include: <br /> a. Directing, on a one-time basis or as a standing order,that no consumption of alcohol <br /> and alcoholic beverages is allowed; or <br /> b. Controlling access to alcohol and alcoholic beverages; or <br /> c. Checking identification of attendees to determine age; or <br /> d. Supervising the activities of underage persons at the gathering either in person or <br /> through a responsible adult. <br /> (3) A person is not criminally responsible under this section if the person does not know <br /> that a gathering will occur, or does not know that alcoholic beverages will be present, or <br /> does not know that an underage person will be or is likely to be present. However, if a <br /> person has the knowledge specified in paragraph (1) above, a person who hosts a <br /> gathering does not have to be present at the gathering to be criminally responsible. <br /> (4) A person is criminally responsible for violating paragraph (1) above if the person <br /> intentionally aids, advises, hires, counsels, or conspires with or otherwise procures <br /> another to commit the prohibited act. <br />