§ 4-21. Purchase by or sales to underaged persons.

(a)

No license holder and/or employee of a package outlet, pouring outlet, or other licensed establishment shall knowingly furnish, sell or offer for sale any malt beverages, wine or distilled spirits to a person under twenty-one (21) years of age. This prohibition shall not apply with respect to the sale of any malt beverages, wine or distilled spirits to a person when such person has furnished proper identification showing that the person to whom the malt beverages, wine and distilled spirits are being sold is twenty-one (21) years of age or older. In this subsection, "proper identification" means any document issued by a governmental agency containing a description of the person, such person's photograph or both, and giving such person's date of birth, including, but not limited to, a passport, military identification card, driver's license, or identification card authorized under an act to require the state department of public safety to issue identification cards to handicapped persons who do not have a motor vehicle driver's license. "Proper identification" does not include a birth certificate.

(b)

Subsection (a) shall not apply to the following:

(1)

Whenever a malt beverage, wine or distilled spirits is purchased for medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in the state;

(2)

Whenever malt beverages or wine are purchased for consumption at a religious ceremony.

(c)

The licensee shall post in the most conspicuous place in his establishment a sign for each license printed in letters at least four (4) inches high containing the following language for each license issued.

"SALE OF MALT BEVERAGES, WINE OR DISTILLED SPIRITS TO MINORS STRICTLY PROHIBITED."

(d)

It shall be unlawful for any minor to falsely misrepresent his age in any manner whatsoever. It shall be unlawful for any minor to drink, or possess any alcoholic beverages, except as stated in subsection (a) of this section, or except as provided in O.C.G.A. § 3-3-23.

(e)

The municipal court, in accordance with O.C.G.A. § 36-32-10, is granted jurisdiction to try and dispose of a first offense violation of O.C.G.A. § 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under twenty-one (21) years of age, if the offense occurred within the corporate limits of the city. O.C.G.A. § 36-32-10 is incorporated herein by reference.

(Ord. No. 81-05, § I, 10-6-05)