§ 94-27. Consumption of alcoholic beverages, drugs by minors at open house parties.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Adult means a person not legally prohibited by reason of age from possessing alcoholic beverages pursuant to F.S. ch. 562, as the same may be amended from time to time.

(2)

Alcoholic beverage means any beverage containing more than one percent of alcohol by weight. The percentage of alcohol by weight shall be determined in accordance with the provisions of F.S. § 561.01(4)(b), as the same may be amended from time to time.

(3)

Drug means controlled substance as that term is defined in F.S. §§ 893.02(3) and 893.03, as the same may be amended from time to time.

(4)

Minor means a person not legally permitted by reason of age to possess alcoholic beverages pursuant to F.S. ch. 562, as the same may be amended from time to time.

(5)

Residence means a home, apartment, condominium or other dwelling unit.

(6)

Open house party means a social gathering at a residence.

(b)

Open house party restricted. No adult having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the adult knew or reasonably should have known that an alcoholic beverage or drug was in the possession of or being consumed by a minor at said residence.

(c)

Exception. The provisions of this section shall not apply to legally protected religious observances or activities.

(d)

Penalties. The penalties for violation of this section are as follows:

(1)

For the first violation, a fine not exceeding $500.00.

(2)

For subsequent violations, a fine not exceeding $500.00, or imprisonment in the county jail for a term not to exceed 60 days, or by both such fine and imprisonment.

(Ord. No. 85-41, §§ 1—4)

State law reference

Penalty for ordinance violations, F.S. § 125.69; open house parties, F.S. § 856.015.

Cross reference

Alcoholic beverages, ch. 6.