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ORDINANCE NO. 2017-19 AN ORDINANCE AMENDING TITLE 3, CHAPTER 2, SECTION 6, TO THE CITY OF CODY CODE: SALES, ETC., TO OR ENTRY UPON PREMISES BY MINORS AND ATTEMPTS BY MINORS TO ENTER OR PURCHASE: BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, PARK COUNTY, WYOMING: Title 3, Chapter 2, Section 6, of the City of Cody Code, shall be amended to provide as follows: 3-2-6: SALES, ETC., TO OR ENTRY UPON PREMISES BY MINORS AND ATTEMPTS BY MINOR TO ENTER OR PURCHASE: A. Except as provided in this section, no licensee or agent, employee or server thereof shall knowingly permit any person under the age of twenty-one (21) year to enter or remain in the licensed building where alcoholic or malt beverages are dispensed in an establishment where the primary source of revenue is from the sale of alcoholic or malt beverages, except in the following situations: 1. The establishment has a commercial kitchen which, due to the nature of the cooking, is required to have or does have hand washing sinks with hot and cold water, installed to allow convenient use by employees in food preparation, food dispensing, and which comply with the Wyoming Department of Agriculture rules and regulations for food safety, and in addition, due to the nature of the cooking, is required to have or does have one or more of the following: a. A Type I hood over the cooking appliances as required by the then-current International Mechanical Code; or b. A commercial grade dishwashing machine that meets National Sanitation Foundation (NSF) ANSI 3 standards, including a booster heater to maintain 180 degrees F water temperature at the manifold of the dish machine; 2. Minors shall not be permitted in the licensed building after the kitchen stops serving food; 3. In an establishment which has a retail liquor license, employees at least eighteen years of age are permitted in the licensed building in the course of their employment and may serve alcoholic and malt beverages. Such employees may remain in the dispensing building no later than 11:00 p.m. 4. Bowling alleys, theatres, event centers, arenas, auditoriums, and rodeo grounds, and buildings which are used for overnight lodging, so long as individuals under the age of 21 are not permitted in any area of the building in which is dedicated solely or primarily to the sale of alcoholic beverages, and such area does not otherwise meet any of the exceptions under this section. B. At no time shall any person under the age of 21 be allowed to sit at the bar where alcohol is displayed and dispensed. C. Any establishment that sells alcohol for off-premise consumption shall maintain such sales in an enclosed and partitioned room separate from portions of the building in which persons under the age of 21 are allowed. No person under the age of twenty-one (21) shall be allowed in the room dedicated for off-premise consumption, unless accompanied by a parent, spouse or legal guardian who is twenty-one (21) year of age or older. ---PAGE BREAK--- D. Every person who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic or malt beverage to any person under the age of twenty-one (21) years who is not his or her own child or legal ward, is guilty of a misdemeanor. E. No person under the age of twenty-one (21) years shall possess or consume alcoholic or malt beverage; have any measurable blood, breath or urine alcohol concentration in his body, or enter or remain in an establishment that is primarily for off-premise sales of alcoholic liquor or malt beverages unless accompanied by a parent, spouse or legal guardian who is twenty-one (21) years of age or older. This subsection does not apply to possession of alcoholic or malt beverages by a person under the age of twenty-one (21) years: 1. When making a delivery of alcoholic or malt beverages pursuant to his or her employment; 2. Who is in the physical presence of his parent or legal guardian; 3. Who is a licensee under this title; or 4. When serving alcoholic or malt beverages pursuant to his or her employment in a restaurant which holds a license to serve alcoholic or malt beverages, if the person is at least eighteen (18) years of age. F. Any person under the age of twenty-one (21) years who attempts in any manner to purchase or obtain alcoholic or malt beverages is guilty of a misdemeanor. G. Any person who violates any part this section, or aids, abets or incites any violation hereof, is guilty of a misdemeanor. H. A motor vehicle driver’s license, a registration certificate issued under the federal military selective service act, an identification card issued to a member of the armed forces, an internationally accepted passport document with a discernible date of birth and photograph, or an identification card issued by the department of transportation is prima facie evidence of the age and identify of a person. Proof that a licensee or his employee or agent demanded, was shown, and acted in reasonable reliance upon the information contained in any one of the above documents as identification is a defense to any criminal prosecution or action for the suspension or revocation of a license. This Ordinance shall become effective at the final passage and publication in the Cody Enterprise. PASSED ON FIRST READING: JULY 18, 2017 PASSED ON SECOND READING: AUGUST 1, 2017 PASS ON THIRD READING: AUGUST 15, 2017 Matt Hall, Mayor ATTEST: D. Baker, Administrative Services Director