§ 2-3-4. Persons under twenty-one years of age in stand alone bars or nightclubs.

(a)

It shall be unlawful for any person under the age of twenty-one (21) to enter or remain on the premises of any stand alone bar or nightclub while that establishment is selling and/or serving alcoholic beverages for consumption on the premises.

(b)

It shall be unlawful for any person to present any false, altered or otherwise fraudulent proof of age to attempt to gain entry to, any stand alone bar or nightclub while that establishment is selling and/or serving alcoholic beverages for consumption on the premises.

(c)

It shall be unlawful for any stand alone bar or nightclub, or any employee or agent thereof, to knowingly admit, or permit to remain on the premises of such establishment any person under the age of twenty-one (21) while that establishment is selling and/or serving alcoholic beverages for consumption on the premises.

(d)

Each stand alone bar or nightclub shall develop a written policy setting forth its system for verifying the age of persons it admits onto its premises and shall provide a copy of such policy to the Manatee County Sheriff and to the chief of police of the municipality wherein the establishment exists. The sheriff is authorized to develop, publish and periodically revise a model age verification system for such establishments. Should the sheriff publish a model system, any stand alone bar or nightclub which adopts and implements that system may subsequently be found in violation of this section but shall not be fined for an unintentional violation unless it has already been found in violation within the six (6) months preceding the current violation. Each establishment shall only be able to benefit from this fine forbearance once.

(e)

Nothing herein shall be deemed to in any way prohibit any person under the age of twenty-one (21) from:

(1)

Being present in a stand alone bar or nightclub as an employee of that establishment to perform work duties;

(2)

Being present in a stand alone bar or nightclub pursuant to an agreement with that establishment to provide some service, including providing security, maintenance, or entertainment to the establishment or its patrons;

(3)

Being present in a stand alone bar or nightclub for the purposes of making a delivery of goods to that establishment;

(4)

Being present in a stand alone bar or nightclub while performing a public or legal duty, such as law enforcement, fire suppression, building inspection, or health inspection;

(5)

Being present in a stand alone bar or nightclub when such establishment is not then selling and/or serving alcoholic beverages but is otherwise open to the public, such as when such establishment is holding a "teen night" or similar program. Such establishment shall ensure that all persons under the age of twenty-one (21) have left the premises after any such program prior to resumption of service of alcoholic beverages.

(Ord. No. 06-42, § 6, 5-23-06)