§ 19-34. Minors—Unlawful acts on drive-in premises.

It shall be unlawful for any person under the age of twenty-one (21) years to purchase any alcoholic beverage on the premises of any drive-in restaurant, and any such person violating this provision upon conviction thereof shall be fined in a sum of not less than ten dollars ($10.00) or more than one hundred dollars ($100.00).

(a)

Further, it shall be unlawful for any person under the age of twenty-one (21) years:

(1)

To wager or bet on any amusement device or amusement machine; or

(2)

To possess any alcoholic beverage (unless such person under the age of twenty-one (21) years be a bona fide employee, as permitted under the Texas Liquor Control Act); or

(3)

To consume any alcoholic beverage or intoxicating liquor; on the licensed premises of such drive-in restaurant where such alcoholic beverage is possessed; and any such person violating this provision upon conviction thereof shall be fined in a sum of not less than ten dollars ($10.00) or more than one hundred dollars ($100.00).

Provided, however, that no such person shall be deemed in violation of subsection (2) or (3) of this section 19-34, if at the time of such possession or consumption aforesaid, such person under the age of twenty-one (21) years is accompanied by his or her parent, guardian, adult husband or adult wife, or other adult person into whose custody he or she has been committed for the time by some court, and who is actually, visibly and personally present at the time such alcoholic beverage is possessed or consumed by such person under the age of twenty-one (21) years.

(b)

The possession of any container, can, cup, glass or bottle, containing any quantity of any alcoholic beverage, by any minor on any such premises, shall constitute prima facie evidence of violation of and under this section 19-34.

(Ord. No. 69-10, 5-6-1969)