Sec. 614.129. - Alcoholic beverages and drugs at open parties.

(a) The Council finds that the use of alcohol and drugs by minors causes social problems in delinquency of minors, education, and police regulation in Duval County. The use of alcohol and drugs by minors has had devastating effects upon not only the minors themselves, but also upon the public at large through an alarming number of injuries from motor vehicle accidents in Duval County caused by minors under the influence of alcohol or drugs. In order to preserve the public health, safety and welfare in Duval County, adults and minors who conduct open parties should be prohibited from serving or dispensing alcoholic beverages or drugs at open parties and should further be prohibited from admitting minors to open parties who are in possession of alcoholic beverages or drugs. (b) As used in this Section: (1) Alcoholic beverage means any beverage containing more than one percent alcohol by weight, as determined in accordance with F.S. § 561.01(4)(b). (2) Drug means any controlled substance as defined in F.S. § 893.02(3) and F.S. § 893.03. (3) Lot means any unimproved lot, tract of land, acreage, or other open space in which an open party is conducted. (4) Minor means a person not legally permitted by reason of age to possess alcoholic beverages under F.S. Ch. 562. (5) Open party means a social gathering at a residence, lot or public lodging establishment which includes invitees who are not family members. (6) Person in charge means any adult or minor having the custody, charge, or control of any residence, lot or rented premise in any public lodging establishment and includes any person assisting the person in charge in the conduct of an open party by serving or dispensing alcoholic beverages or drugs, control of the admission of the guests, collection of money or other services necessary for the conduct of the open party. (7) Public lodging establishment means any hotel, motel or other place defined in F.S. § 501.013. (8) Residence means a home, apartment, condominium or other dwelling unit and the curtilage thereof. (c) No person in charge of any open party in Duval County shall: (1) Dispense or permit others to dispense or serve alcoholic beverages or drugs to minors. (2) Knowingly permit entry to the residence, lot, public lodging establishment, rented room or open party to any minor in possession of alcoholic beverages or drugs or fail to eject the minor from the open party once such possession is discovered. (d) This Section shall not apply to the use of alcoholic beverages at constitutionally protected religious observances or to any gathering limited to immediate family members. (e) Violation of any provision of this Section by any person shall be unlawful and shall constitute a class D offense. (Ord. 85-464-234, § 1)