Laserfiche WebLink
a. The person knows that alcohol or alcoholic beverages will be present; and <br />b. The person knows that an underage person will attend, or is likely to attend; and <br />c. The person fails to take reasonable steps to prevent the possession or consumption of <br />alcoholic beverages by an underage person; and <br />d. An underage person consumes an alcoholic beverage, or possesses an alcoholic beverage <br />with the intent to consume it, at the gathering. <br />(2) Examples of reasonable steps include: <br />a. Directing, on a one-time basis or as a standing order, that no consumption of alcohol and <br />alcoholic beverages is allowed; or <br />b. Controlling access to alcohol and alcoholic beverages; or <br />c. Checking identification of attendees to determine age; or <br />d. Supervising the activities of underage persons at the gathering either in person or through <br />a responsible adult. <br />(3) A person is not criminally responsible under this section if the person does not know that a <br />gathering will occur, or does not know that alcoholic beverages will be present, or does not <br />know that an underage person will be or is likely to be present. However, if a person has the <br />knowledge specified in paragraph (1) above, a person who hosts a gathering does not have to <br />be present at the gathering to be criminally responsible. <br />(4) A person is criminally responsible for violating paragraph (1) above if the person intentionally <br />aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the <br />prohibited act. <br />(c) Exceptions. <br />(1) This section does not apply to conduct of an underage person that is permitted by his or her <br />parent and occurs in the parent's household. <br />(2) This section does not apply to a legally protected religious observance. <br />(3) This section does not apply when an underage person is lawfully in possession of alcohol or <br />alcoholic beverages during the course and scope of employment. <br />(4) This section does not apply to the holder of a liquor license issued under Title III of this Code, <br />but it does apply to a person who hosts a gathering at such a liquor establishment. <br />(Ord. No. 230 3rd series, § 2, 7-22-2019) <br />Secs. 70-254—70-270. - Reserved. <br />ARTICLE VI. - JUVENILE CURFEW[6] <br /> <br />Footnotes: <br />--- (6) --- <br />State Law reference— Authority of city to set curfew, Minn. Stat. § 145A.05, subd. 9. <br />Sec. 70-271. - Definitions.