2007-02-26 Council Agenda - Laserfiche WebLink

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1. Is eighteen years of age or older; 2. Is enrolled in an accredited college or university and is a student in a culinary course; 3. Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and 4. Tastes a beverage under subdivision 3 of this section only for instructional purposes during classes that are part of the curriculum of the accredited college or university. The beverage must at all times remain in the possession and control of an authorized instructor of the college or university, who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one years to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum. Section 5.08.442Purchase or possession by minor-Non-intoxicating beer containers. A. Any person under the age of twenty-one years who purchases or attempts to purchase, or has in his or her possession, any non-intoxicating beer as defined in Section 5.08.010, is guilty of an ordinance violation. For purposes of prosecution under this section or any other provision of this chapter involving an alleged illegal sale or transfer of non-intoxicating beer to a person under twenty- one years of age, a manufacturer-sealed container describing that there is non- intoxicating beer therein need not be opened or the contents therein tested to verify that there is non-intoxicating beer in such container. The alleged violator may allege that there was not non-intoxicating beer in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is non-intoxicating beer therein contains non-intoxicating beer. B. For purposes of determining violations of any provisions of this chapter, a manufacturer-sealed container describing that there is non-intoxicating beer therein need not be opened or the contents therein tested to verify that there is non-intoxicating beer in such container. The alleged violator may allege that there was not non-intoxicating beer in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is non-intoxicating beer therein contains non- intoxicating beer.