§ 6-63. Sale to, purchase or possession by underage person.

(a)

Except as otherwise provided in this section:

(1)

No person, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under 21 years of age.

(2)

No person under 21 years of age shall purchase or possess any alcoholic beverage.

(3)

No person under 21 years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining unlawfully any alcoholic beverage.

(4)

No person shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age.

(5)

No person under 21 years of age shall misrepresent his identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage.

(b)

The prohibitions contained in subsections (a)(1), (2), and (4) shall not apply with respect to the sale, purchase, or possession of alcoholic beverages for consumption:

(1)

For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; or

(2)

At a religious ceremony.

(c)

The prohibitions contained in subsections (a)(1), (2), and (4) shall not apply when the parent or guardian of the underage person gives the alcoholic beverage to the underage person and when possession is in the home of the parent or guardian and such parent or guardian is present.

(d)

The prohibition contained in subsection (a)(1) shall not be violated when a person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is 21 years of age or older. For purposes of this subsection, the term "proper identification" means any document issued by a governmental agency containing a description of the person, the person's photograph, and the person's date of birth. Proper identification includes, without being limited to, a passport, military identification, driver's license, or an identification card authorized under O.C.G.A., §§ 40-5-100—40-5-104. "Proper identification" shall not include a birth certificate.

(e)

This section shall not prohibit employment of a person under 21 years of age in a licensed premises if such employment is lawful under section 6-81 of this chapter.

(f)

In any case where a reasonable or prudent person could doubt whether or not the person to whom an alcoholic beverage is to be sold or otherwise furnished is 21 years of age or older, the person selling or otherwise furnishing such alcoholic beverage shall request to see and be furnished with proper identification as provided in subsection (d). The failure to make such request and verification in any case where the person to whom the alcoholic beverage is sold or otherwise furnished is less than 21 years of age may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such alcoholic beverage did so in violation of subsection (a)(1).

(g)

In any case where a person selling or otherwise furnishing alcoholic beverages checks for a proper identification, such person shall carefully inspect such identification. If a reasonably prudent person could determine that such identification has been altered and if such person sells or otherwise furnishes alcoholic beverages to the holder of such altered identification, then such may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such alcoholic beverage did so in violation of subsection (a)(1).

(h)

For purposes of the prohibitions set forth in this section, a plea of nolo contendere or the forfeiture of bond shall constitute a conviction.

(i)

With reference to the prohibitions set forth in this section, if there is a change in a majority of a licensee's owners, partners, or shareholders, the offenses under the old ownership shall not count against the new owners; provided, however, a different corporation, partnership, or other association shall be charged with the offenses of the predecessor if a majority of the owners, partners, or shareholders are the same.

(Ord. No. 2008-11-26, § 3(art. 5, § 3), 12-1-2008; Ord. No. 2009-07-26, 7-27-2009)