Section 4.123.120 Prohibition

1. It is unlawful for a person under age eighteen to enter or be in any place of business where the selling of alcoholic beverages in addition to cover charges constitutes more than fifty (50) percent of the gross business transacted therein, unless said person is accompanied by a parent, lawful guardian or spouse over the age of twenty-one years, or unless the person is employed therein as an entertainer (and then only when performing actual services for a lawful salary) and has obtained a written permit signed by a parent or lawful guardian or spouse of that person and the Chief of Police to be on the premises as an entertainer. An affirmative defense to this prohibition shall be that the licensed or permitted business' sales of alcoholic beverages in addition to any cover charges consists of less than fifty (50) percent of the business' gross sales. The defendant shall have the burden to prove this affirmative defense. (Ord. 94/U-2525, 92/U-274)

2. It is unlawful for a person eighteen, nineteen or twenty years of age to enter or be in any place of business where the selling of alcoholic beverages in addition to cover charges constitutes more than fifty (50) percent of the gross business transacted therein, unless said person is accompanied by a parent, lawful guardian or spouse over the age of twenty-one years, or unless that person is employed therein and then only when performing actual services for a lawful salary. An affirmative defense to this prohibition shall be that the licensed or permitted business' sales of alcoholic beverages in addition to any cover charges consists of less than fifty (50) percent of the business' gross sales. The defendant shall have the burden to prove this affirmative defense. (Ord. 94/U-2525, 92/U-274)

3. It shall be unlawful for a person holding a beer, wine or liquor license allowing on-premise consumption, or the person's agents or employees, to permit a person prohibited from entering the premises under paragraphs (1) and (2) of this section to be on the premises. An affirmative defense to this prohibition shall be that the licensed or permitted business' sales of alcoholic beverages in addition to any cover charges consists of less than fifty (50) percent of the business' gross sales. The defendant shall have the burden to prove this affirmative defense. (Ord. 94/U-2525, 92/U-274)

4. Nothing herein shall prohibit an attendant from accompanying an adult handicapped person into a business where the selling of alcoholic beverages in addition to cover charges constitutes more than fifty (50) percent of the gross business transacted therein provided: