Baton Rouge City Court - Underage Drinking Charges

Misdemeanor Lawyer

The listed criminal underage drinking and selling charges below are the offenses prosecuted in Baton Rouge City Court. They are all misdemeanor offenses. Felonies are prosecuted in District Court. Mr. Barkemeyer is skilled and experienced at handling misdemeanors is Baton Rouge City Court. Contact him at (225) 964-6720 if you or someone you know has a criminal charge in City Court.

Sec. 13:91.1. Unlawful sale, purchase, and possession of alcoholic beverages, definitions.

(a)

Purchase means acquisition by the payment of money or other consideration. Purchase does not include such acquisition for medical purposes either when purchased as over the counter medication or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, or medical institution.

(b)

Public possession means the possession of any alcoholic beverage for any reasons, including consumption, on any street or highway or in any public place or any place open to the public, including a club which is de facto open to the public. "Public possession" does not include the following:

(1)

The possession or consumption of any alcoholic beverage:

a.

For an established religious purpose.

b.

When a person under twenty-one (21) years of age and over eighteen (18) years of age is accompanied by a parent, spouse or legal custodian twenty-one (21) years of age or older.

c.

For medical purposes when purchased as an over-the-counter medication or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital, or medical institution.

d.

In private residence.

e.

By the patrons of the sidewalk cafes in the Downtown Development District as specified in section 15:333(27) of the Baton Rouge Code of Ordinances.

(2)

The sale, handling, transport, or service in dispensing of any alcoholic beverage pursuant to lawful ownership of an establishment or to lawful employment of a person under twenty-one (21) years of age by a duly licensed manufacturer, wholesaler, or retailer of beverage alcohol.

(c)

Alcoholic beverage means beer, distilled spirits and wine containing one-half (½) of one (1) percent or more of alcohol by volume. Beer includes, but is not limited to, ale, lager, porter, stout, sake, and other similar fermented beverages brewed or produced from malt wholly or in part or from any substitute therefor. Distilled spirits include alcohol, ethanol or spirits or wine in any form, including all dilutions and mixtures thereof from whatever process produced.

(Ord. No. 10438, § 1, 8-23-95; Ord. No. 10671, § 1, 8-14-96; Ord. No. 12859, § 1, 2-11-04)

Note—See editor's note, § 13:91.

 

Sec. 13:91.2. Unlawful sales or serving to persons under twenty-one years of age.

(a)

Unlawful sales to persons under twenty-one (21) years of age is the selling or otherwise delivering for value or the serving or dispensing of any alcoholic beverage to any person under twenty-one (21) years of age unless such person is the lawful owner or lawful employee of an establishment to which the sale is being made and is accepting such delivery pursuant to such ownership or employment. Lack of knowledge of the person's age shall not be a defense.

(b)

If an employee of a retail dealer, licensed pursuant to Title 9, Chapter 1, Part I of the Baton Rouge Code of Ordinances, violates the provisions of this section, the license holder may also be cited along with the employee if the employee was acting pursuant to the instructions of, or with the knowledge of the retail dealer.

(c)

On a first offense violation, the violator shall be subject to a fine of up to seven hundred fifty dollars ($750.00) or imprisonment for up to six (6) months, or both.

(d)

On a second offense violation within a twelve-month period, the violator shall be subject to a fine of up to one thousand dollars($1,000.00) or imprisonment for up to six (6) months, or both.

(Ord. No. 10438, § 1, 8-23-95; Ord. No. 10671, § 1, 8-14-96; Ord. No. 12910, §§ 1, 2, 3-24-04)

Note—See editor's note, § 13:91.

 

Sec. 13:91.3. Purchase and public possession of alcoholic beverages; exceptions; penalties.

(a)

It is unlawful for any person under twenty-one (21) years of age to purchase or have public possession of any alcoholic beverage.

(b)

(1) Whoever violates the provisions of this section shall be fined not more than one hundred dollars ($100.00) or imprisoned for not more than six (6) months, or both.

(2)

Any person apprehended while violating the provisions of this section shall be issued a citation by the apprehending law enforcement officer, which shall be paid in the same manner as provided for the offenders of traffic violations.

(3)

Any person under the age of seventeen (17) apprehended while violating the provisions of this section shall be remanded to the juvenile court.

(Ord. No. 10438, § 1, 8-23-95; Ord. No. 10671, § 1, 8-14-96)

Note—See editor's note, § 13:91.

 

Sec. 13:91.4. Unlawful purchase of alcoholic beverages by persons on behalf of persons under twenty-one.

(a)

It is unlawful for any person, other than a parent, spouse or legal guardian as specified in 13:91.1(b)(1)b., to purchase on behalf of a person under twenty-one (21) years of age any alcoholic beverage.

(b)

Whoever violates the provisions of this section shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days, or both.

(Ord. No. 10438, § 1, 8-23-95; Ord. No. 10671, § 1, 8-14-96)

Note—See editor's note, § 13:91.

 

Sec. 13:91.5. Unlawful entry into business selling alcoholic beverages by persons under eighteen years of age.

It shall be unlawful for any person under the age of eighteen (18) years to enter or attempt to enter any place wherein alcoholic beverages of either high or low alcoholic content are the principal commodity sold or dispensed, unless the minor is a musician performing in a band on the premises under written contract with the permittee for a specified time period and is under the direct supervision of his parent or guardian during such time. A copy of the written contract shall be provided to the alcoholic beverage control office one week prior to the performance. Anyone over the age of seventeen (17) and under the age of eighteen (18) found guilty of violating this section shall be fined not exceeding two hundred dollars ($200.00) or be imprisoned for not more than sixty (60) days, or both. Anyone under the age of seventeen (17) charged with violations of this section shall be remanded to juvenile court for hearing and disposition of the case.

(Ord. No. 10438, § 1, 8-23-95; Ord. No. 10671, § 1, 8-14-96; Ord. No. 14419, § 1, 5-28-08)

Note—See editor's note, § 13:91.

 

Sec. 13:91.6. Pictured identification required for purchase of alcoholic beverages.

It shall be unlawful for any person to purchase any alcoholic beverage, either of high or low alcoholic content, unless such person submits any of the following which shows that person to be of lawful age to purchase such alcoholic beverage:

(1)

A valid, current, driver's license issued by the State of Louisiana, which contains a photograph of the person presenting the license;

(2)

A valid, current, driver's license of another state, which contains a photograph of the person and date of birth of the person submitting the license;

(3)

A valid, current, special identification card issued by the State of Louisiana, pursuant to R.S. 40:1321, containing a photograph of the person submitting the identification card;

(4)

A valid, current, passport or visa issued by the federal government or another country or nation, that contains a permanently attached photograph of the person and the date of birth of the person submitting the passport or visa; or

(5)

A valid, current, military or federal identification card issued by the federal government containing a photo and date of birth of the person submitting the identification card.

 

Each form of identification above must by its face establish the age of the person to be twenty-one (21) years or older, and there must be no reason to doubt the authenticity or correctness of the identification. No form of the identification mentioned above shall be accepted as proof of age if it is expired, defaced, mutilated, or altered. If the driver's license, state identification card or lawful identification submitted is a duplicate, the person shall submit additional identification which contains his name, date of birth and photograph. In addition, an educational institution identification card, check cashing identification card or employee identification card shall not be considered as lawful identification for the purposes of this section. This section shall not apply to Class R permit holders or to persons who are obviously of legal age to purchase such alcoholic beverages, but this shall in no way exempt license holders from responsibility of checking for identification when they are not positive or actually know for a fact that the person is of legal age to purchase alcoholic beverages.

Whoever is found guilty of violating the provisions of this section shall be fined not more than two hundred dollars ($200.00) or imprisoned for not more than sixty (60) days, or both.

(Ord. No. 10438, § 1, 8-23-95; Ord. No. 10671, § 1, 8-14-96)

Note—See editor's note, § 13:91.

 

Sec. 13:91.7. Pictured identification required for entrance to licensed alcoholic beverage outlet.

It shall be unlawful for any person to enter or attempt to enter the premises of a licensed alcoholic beverage outlet where the principal commodity sold is alcoholic beverages unless such person has in his possession and submits a pictured driver's license or other lawful pictured identification that established the person as eighteen (18) years of age or older and there is no reason to doubt the authenticity or correctness of the identification, which lawful pictured identification shall be in the possession of such person and available for inspection upon request while that person remains on the premises, or unless such person is a musician performing in a band on the premises under written contract with the permittee for a specified time period and is under the direct supervision of his parent or guardian during such time. A copy of the written contract shall be provided to the alcoholic beverage control office five (5) days prior to the performance. For the purpose of this section, a pictured lawful identification shall be the same as required in section 13:91.6 except that it shall list the age of the person submitting it as being eighteen (18) years of age or older. This section shall not apply to Class R permit holders or to persons who are obviously of legal age to purchase such alcoholic beverages, but this shall in no way exempt license holders from responsibility of checking for identification when they are not positive or actually know for a fact that the person is of legal age to enter the premises.

Whoever is found guilty of violating the provisions of this section shall be fined not more than two hundred dollars ($200.00) or imprisoned for not more than sixty (60) days, or both.

(Ord. No. 10438, § 1, 8-23-95; Ord. No. 10671, § 1, 8-14-96; Ord. No. 14419, § 2, 5-28-08)

Note—See editor's note, § 13:91.

 

Sec. 13:91.8. Unlawful consumption of alcoholic beverages by persons under twenty-one years of age.

(A)

It is unlawful for any person under twenty-one (21) years of age to consume any alcoholic beverage except:

(1)

For an established religious purpose;

(2)

When a person eighteen (18), nineteen (19) or twenty (20) years of age consumes alcoholic beverages with the knowledge, presence and consent of a parent or spouse twenty-one (21) years of age or older or legal custodian twenty-one (21) years of age or older;

(3)

For medical purposes when purchased as an over-the-counter medication or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital, or medical institution.

(B)

Whoever violates the provisions of this section shall be fined three hundred dollars ($300.00) or imprisoned for not more than six (6) months, or both.

(Ord. No. 12257, § 1, 3-13-02)

 

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