CHAPTER 39 - - GENERAL ORDINANCES

39.1 SECTION 1: ALCOHOL BEVERAGES: RESTRICTION RELATING TO UNDERAGE PERSONS.

39.1.1

No person may procure for, sell, dispense or give away any alcohol beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.

Any person who furnishes alcohol to an underage person is presumed to know the age of the underage person.

39.1.2

No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on the premises owned by the adult or under the adults control.

Any person who furnishes alcohol to an underage person is presumed to know the age of the underage person.

39.1.3

A person who commits a violation of this section is subject to a penalty of:

(a) Not more than $500.00 for a first offense.

(b) Not less than $200.00 nor more than $500.00 for any person who has a previous conviction under this section.

(c) In addition to any monetary penalty the Court may impose other sanctions including, but not limited to community service, a prohibition of purchasing off-sale alcohol within the Red Cliff Reservation, and/or be barred from any establishment that serves alcoholic beverages within the Red Cliff Reservation.


39.2 SECTION 2: OPEN CONTAINER:

39.2.1

No person may possess an open container of alcohol in the following places:

a) On any road within the boundaries of the Red Cliff Reservation.

b) On any school premises.

c) Alcohol beverages may be possessed or consumed on any of the above named places if specifically permitted in writing by the Red Cliff Tribal Council.

39.2.2

Penalty:

a) Any person convicted of violating this section two shall be assessed a monetary penalty not to exceed $250.00.

b) In addition to any monetary penalty the Court may impose other sanctions including but not limited to A.O.D.A. assessment, community service, and/or a prohibition against purchasing off--sale alcohol with in the boundaries of the Red Cliff Reservation.


39.3 SECTION 3: PARTIES TO A VIOLATION:

39.3.1

No person may be a party to any violation of the Red Cliff Code of Laws.

39.3.2

Whoever is concerned in the commission of any violation of the Red Cliff Code of Laws shall be deemed a principal and may be charged with party to a violation although he or she did not correctly commit it and although the person who directly committed it has not been convicted of the violation.

39.3.3

A person is concerned in the commission of the violation if the person:

(a) directly commits the violation;

(b) aids or abets the violation;

(c) is a party to a conspiracy with another or commit or conceal any violation, or advises, hires, or counsels or otherwise procures another to commit or conceal any violation of the Red Cliff Code of Laws.