§ 3½-2. Consumption of alcoholic beverages by underage persons.

(A)

Definitions. For purposes of this section, the following terms have the following meanings.

(1)

Alcoholic beverage means distilled spirits, and any beverage containing one-half of one (0.5) per cent or more alcohol by volume. The percentage of alcohol by volume shall be determined in accordance with F.S. § 561.01, as amended from time to time.

(2)

Control means the actual or constructive authority or ability to regulate, direct, or dominate, including, but not limited to, owning or leasing a residence or premises.

(3)

Event or gathering means any group of three (3) or more persons who have assembled or gathered together for a social purpose.

(4)

Parent means any person having legal custody of an underage person as a natural parent, adoptive parent, or step-parent, as a legal guardian, or a person to whom legal custody has been given by order of a court of competent jurisdiction.

(5)

Person means any individual, partnership, co-partnership, corporation, or any association of one (1) or more individuals. Person does not include any licensee on a licensed premises.

(6)

Licensee shall be defined in accordance with F.S. § 561.01(14), as amended from time to time.

(7)

Licensed premises shall be defined in accordance with F.S. § 561.01(11), as amended from time to time.

(8)

Residence or premises means any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. "Residence" or "premises" does not include any licensee on a licensed premises.

(9)

Underage person means any individual under twenty-one (21) years of age.

(B)

Violation.

(1)

It shall be a violation of this section for any underage person or persons to consume an alcoholic beverage or possess for consumption an alcoholic beverage at an event or gathering in or on any residence or premises.

(2)

The person or persons in control of a residence or premises in violation of this section shall be held responsible for a violation of this section and be issued an administrative citation or notice to appear for each underage person on or at any residence or premises. Such fines may not exceed seven hundred fifty dollars ($750.00) per incident for a first offense or one thousand dollars ($1,000.00) per incident for each subsequent offense.

(3)

A person or persons in violation of this section does not need to be present at the event or gathering to violate subsection (1) above.

(4)

Any violation of this section shall be considered a violation that presents a serious threat to the public safety and welfare and is irreparable and irreversible in nature.

(C)

Evidence, rebuttal presumption.

(1)

Any bottle, can, or any other container with labeling indicating the contents of such bottle, can, or container or photographs of labeling on any bottle, can, or container shall be admissible over any hearsay objection in any administrative proceeding, or trial in county or circuit court, in enforcing this chapter.

(2)

A label which identifies the contents of any bottle, can, or other container as containing, but not limited to "beer," "ale," "malt beverage," "fermented malt beverage," "malt liquor," "wine," "champagne," "bourbon," "rum," "scotch," "whiskey," "gin," "vodka," "tequila," "schnapps," "brandy," "cognac," "liqueur," "cordial," "alcohol," "liquor," or any other wording that indicates that the alcohol by volume exceeds one-half of one (0.5) per cent on the label shall give rise to a rebuttable presumption that the contents of the bottle, can, or other container contained an alcoholic beverage as defined above.

(3)

Any person or persons who by experience in the past in the handling or use of alcoholic beverages, or who by taste, smell, or the drinking of such alcoholic beverages, has knowledge as to the alcoholic nature thereof, may testify as to his or her opinion whether such a beverage is an alcoholic beverage.

(D)

Exceptions.

(1)

This section shall not apply to conduct solely between an underage person and his or her parent or parents while present in the parent or parents' residence or premises.

(2)

This section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities.

(3)

This section shall not apply to the retail sales of alcoholic beverages or any licensee operating on a licensed premise.

(4)

This section shall not apply to underage persons when lawfully in possession of alcoholic beverages during the course and scope of employment.

(E)

Enforcement.

(1)

This section may be enforced by any Coral Springs Police Officer or Code Enforcement Officer through issuance of an administrative citation or notice to appear.

(2)

All administrative citations shall be brought before the Coral Springs Special Magistrate. All hearings shall be docketed with the regular code enforcement cases. The evidentiary standard shall be a preponderance of the evidence.

(3)

Coral Springs Police Officers shall have the authority to abate any gathering or event in violation of this section by all reasonable means, singularly or in combination, including but not limited to: ordering the gathering to be disbanded, issuing a notice to appear or administrative citation, and/or arresting any person(s) violating any other applicable ordinance and/or state law.

(4)

The city attorney's office shall have the authority to file civil suit in the Broward County Court or 17th Judicial Circuit Court to enforce any administrative order arising from this section. The city attorney's office may recover the fine amount plus any costs associated with recovery of the fine amount pursuant to F.S § 162.30, as amended from time to time.

(Ord. No. 2012-111, § 2, 8-21-12)