§ 32-135. Prohibited acts by persons under 21 years of age.

(a)

Except as otherwise authorized by law:

(1)

No person directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under 21 years of age;

(2)

No person under 21 years of age shall purchase, drink or knowingly possess any alcoholic beverages;

(3)

No person under 21 years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage;

(4)

No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age;

(5)

No person under 21 years of age shall misrepresent such person's identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverages; or

(6)

No person shall keep or maintain a place where persons under 21 years of age are allowed and permitted to come and purchase, drink or possess any alcoholic beverage.

(b)

The prohibitions contained in subsections (a)(1), (a)(2) and (a)(4) of this section shall not apply with respect to the sale, purchase or possession of alcohol beverages for consumption:

(1)

For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; or

(2)

At a religious ceremony.

(c)

The prohibition contained in subsection (a)(1) of this section shall not apply with respect to the sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is 21 years of age or older.

(1)

For purposes of this subsection, the term "proper identification" means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under O.C.G.A. §§ 40-5-100 through 40-5-104.

(2)

The term "proper identification" does not include a birth certificate.

(d)

If such conduct is not otherwise prohibited pursuant to O.C.G.A. § 3-3-24, nothing contained in this section shall be construed to prohibit any person under 21 years of age from:

(1)

Dispensing, serving, selling or handling alcoholic beverages as a part of employment in any licensed establishments;

(2)

Being employed in any establishment in which alcoholic beverages are distilled or manufactured; or

(3)

Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment.

(e)

Testimony by any person under 21 years of age, when given in an administrative or judicial proceeding against another person for violation of any provision of this section, shall not be used as an admission in any administrative or judicial proceedings brought against such testifying person under 21 years of age.

(f)

Nothing in this section shall be construed to modify, amend or supersede O.C.G.A. § 15-11-1 et seq.

(g)

Any person convicted of violating any prohibition contained in subsection (a) of this section shall be punished by a fine not to exceed the maximum allowed by state law; except that any person convicted of violating subsection (a)(2) of this section shall be punished by not more than 30 days imprisonment or a fine of not more than $300.00 or both.

(1)

Any defendant charged under this section shall be entitled upon request to have the case against such defendant transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.

(2)

Any person charged with a second or subsequent offense under this section shall be punished as for a misdemeanor of a high and aggravated nature in the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.

(h)

Whenever any person who has not been previously convicted or any offense under this section or under any other law of the United States or this or any other state relating to alcoholic beverages pleads guilty to or is found guilty of a violation of subsections (a)(2) or (a)(3) of this section, the court, without entering a judgment of guilt and with the consent of such person, may defer further proceedings and place such person on probation upon such reasonable terms and conditions as the court may require.

(1)

The terms of probation shall preferably be such as require the person to undergo a comprehensive rehabilitation program, including, if necessary, medical treatment, not to exceed three years, designed to acquaint such person with the ill effects of alcohol abuse and to provide such person with knowledge of the gains and benefits which can be achieved by being a good member of society.

(2)

Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed accordingly.

(3)

Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against such person. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this subsection or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this subsection may occur only once with respect to any person.

(i)

Unless the officer has reasonable cause to believe such person is intoxicated, a law enforcement officer may arrest by issuance of a citation a person accused of violating only subsection (a)(2) of this section.

(1)

The citation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges.

(2)

If the person charged shall fail to appear as required, the judge, having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that such person be brought before the court to answer the charges contained within the citation and the charge of such person's failure to appear as required.

Nothing in this subsection shall be construed to invalidate an otherwise valid arrest by citation of a person who is intoxicated.

(Ord. No. 06-11-16, § 1(ch. 12, art. 1, § 3), 11-21-2006)

State law reference

Public drunkenness, O.C.G.A. § 16-11-41.