6-3F-3: UNLAWFUL PURCHASING OF ALCOHOLIC BEVERAGE BY UNDERAGE PERSON:
A. It shall be unlawful for any person under the age of twenty one (21) years to purchase, procure or obtain any alcoholic beverage from any place where alcoholic beverages are sold. This offense is a strict liability offense. (Ord. 31, Series 2006)
B. An underage person is immune from arrest and prosecution under this subsection B if he or she establishes the following:
1. The underage person called 911 and reported in good faith that another underage person was in need of medical assistance due to alcohol consumption;
2. The underage person who called 911 provided his or her name to the 911 operator;
3. The underage person was the first person to make the 911 report; and
4. The underage person who made the 911 call remained on the scene with the underage person in need of medical assistance until assistance arrived and cooperated with medical assistance or law enforcement personnel on the scene.
The immunity described in this subsection B also extends to the underage person who was in need of medical assistance due to alcohol consumption if the conditions of said subsection B are satisfied.
Nothing in this subsection B shall be interpreted to prohibit the prosecution of a person for an offense other than a violation of this section, or to limit the ability of the town attorney, municipal prosecutor, or a law enforcement officer to obtain or use evidence obtained from a report, recording, or any other statement provided pursuant to this subsection B to investigate and prosecute an offense. (Ord. 27, Series 2016)