07-28-2025 - Agenda Packet City Council - regular meeting

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0 0 M PUBLIC PROTECTION C. The person fails to take reasonable steps to prevent the possession or consumption of alcoholic beverages by an underage person; and d. An underage person consumes an alcoholic beverage, or possesses an alcoholic beverage with the intent to consume it, at the gathering. (2) Examples of reasonable steps include: a. Directing, on a one-time basis or as a standing order, that no consump- tion of alcohol and alcoholic bever- ages is allowed; b. Controlling access to alcohol and alcoholic beverages; C. Checking identification of attendees to determine age; or d. Supervising the activities of under- age persons at the gathering either in person or through a responsible adult. (3) A person is not criminally responsible under this section if the person does not know that a gathering will occur, or does not know that alcoholic beverages will be present, or does not know that an under- age person will be or is likely to be present. However, if a person has the knowledge specified in subsection (b)(1) of this section, a person who hosts a gathering does not have to be present at the gathering to be criminally responsible. (4) A person is criminally responsible for violating subsection (b)(1) of this section if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. (c) Exceptions. (1) This section does not apply to conduct of an underage person that is permitted by his or her parent and occurs in the parent's household. (2) This section does not apply to a legally protected religious observance. § 5.36.1110 (3) This section does not apply when an underage person is lawfully in posses- sion of alcohol or alcoholic beverages during the course and scope of employ- ment. (4) This section does not apply to the holder of a liquor license issued under title IV, but it does apply to a person who hosts a gathering at such a liquor establishment. (Code 2003, § 70-253; Ord. No. 230(3rd series), § 2, 7-22-2019) ARTICLE VI. JUVENILE CURFEW* Sec. 5.36.1110. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Emergency means a circumstance or combina- tion of circumstances requiring immediate action to prevent property damage, serious bodily injury or loss of life. Establishment means any privately -owned place of business to which the public is invited, including, but not limited to, any place of amuse- ment, entertainment, or refreshment. Guardian means an adult appointed pursuant to Minn. Stats. § 525.6155 or 525.6165 who has the powers and responsibilities of a parent as defined by Minn. Stats. § 525.619. Juvenile means a person under the age of 18 years. The term "juvenile" does not include persons under the age of 18 years who are married or have been legally emancipated. Parent means birth parents, adoptive parents, and stepparents. Proprietor means any individual, firm, associa- tion, partnership, or corporation operating, manag- ing, or conducting any establishment. The term "proprietor" includes the members or partners of an association or partnership and the officers of a corporation. *State law reference —Authority of city to set curfew, Minn. Stats. § 145A.05, subd. 9.