Discussion and Review of Tiffin Municipal Code Revisions — Council Updates

CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION 45.01 Persons Under Legal Age 45.03 Open Containers in Motor Vehicles 45.02 Public Consumption or Intoxication 45.04 Social Host 45.01 PERSONS UNDER LEGAL AGE. As used in this section, “legal age” means 21 years of age or more. 1. A person or persons under legal age shall not purchase or attempt to purchase, consume, or individually or jointly have alcoholic beverages in their possession or control; except in the case of any alcoholic beverage given or dispensed to a person under legal age within a private home and with the knowledge, presence, and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages during the regular course of the person’s employment by a retail alcohol licensee, or wine or beer permittee under State laws. (Code of Iowa, Sec. 123.47(3)) 2. A person under legal age shall not misrepresent the person’s age for the purpose of purchasing or attempting to purchase any alcoholic beverage from any retail alcohol licensee or wine or beer permittee. (Code of Iowa, Sec. 123.49(3)) 45.02 PUBLIC CONSUMPTION OR INTOXICATION. 1. As used in this section unless the context otherwise requires: A. “Arrest” means the same as defined in Section 804.5 of the Code of Iowa and includes taking into custody pursuant to Section 232.19 of the Code of Iowa. B. “Chemical test” means a test of a person’s blood, breath, or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the Commissioner of Public Safety. C. “Peace officer” means the same as defined in Section 801.4 of the Code of Iowa. D. “School” means a public or private school or that portion of a public or private school that provides teaching for any grade from kindergarten through grade twelve. 2. A person shall not use or consume alcoholic liquor, wine, or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in any public place, except premises covered by a retail alcohol license. A person shall not possess or consume alcoholic liquors, wine, or beer on public school property or while attending any public or private school-related function. A person shall not be intoxicated in a public place. 3. A person shall not simulate intoxication in a public place. CODE OF ORDINANCES, TIFFIN, IOWA - 365 -