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HomeMy WebLinkAboutOrd #230 - Third Ser/ Amending Chapter 34 & 70 ORDINANCE NO 10 , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE IV, CHAPTER 34, AND TITLE V, CHAPTER 70, REGARDING ALCOHOLIC BEVERAGES THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Chapter 34 of the Orono City Code shall be amended to read as follows: Chapter 34 -ALCOHOLIC BEVERAGESai ARTICLE I. - IN GENERAL Sec. 34-1.—Adoption of State Law. The provisions of M.S. Ch. 340A, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part of this Chapter as if set out in full. It is the intention of the City Council that all future amendments to M.S. Ch. 340A are hereby adopted by reference or referenced as if they had been in existence at the time this Chapter is adopted. Sec. 34-2. -Definitions. The definitions in Minn. Stat. ch. 340A, as they may be amended from time to time, are hereby adopted by reference and are made a part of this Chapter as if set out in full. In addition, the following words, terms and phrases, when used in this chapter and in city code section 70- 253, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means any person making an application for a license under this chapter. Display means the keeping, storing, or permitting to be kept or stored of an alcoholic beverage which has been poured, dispensed or has had its package seal broken on, in, or at any table, booth, bar or other area of a premises accessible to the general public, except when the alcoholic beverage is stored in a normal storage area during nonsale hours. Gathering means a group of three or more persons who have assembled or gathered together for a social occasion or other activity. Host means to aid, conduct, sponsor, organize, supervise, control, or allow a gathering. License means a document, issued by the city, to an applicant permitting him to carry on and transact the business stated in the license. License fee means the money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on the business stated in the license. Licensee means an applicant who, pursuant to his approved application, holds a valid, current, unexpired license, which has neither been revoked nor suspended, from the city for carrying on the business stated in the license. Parent means a person having the following relationship to a juvenile: (1) A natural parent, adoptive parent, or step-parent; (2) A legal guardian; or (3) A person to whom legal custody has been given by order of a court. Nudity means uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered. Obscene performance means a play, motion picture, dance, show or other presentation, whether pictured, animated or live, performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct. Obscenities means those slang words currently generally rejected for regular use in mixed society that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning. Person means an individual,partnership, co-partnership, corporation, or an association of one or more individuals. "Person" does not include a city, county, or state agency. Premises means any location, including a home, yard, farm, field, land, apartment, condominium, hotel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly,public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. Restaurant means any establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and which has seating facilities for seating not less than 30 guests at one time. Sadomasochistic abuse means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. Sale, sell and sold mean all barters and all manners or means of furnishing an alcoholic beverage to persons, including such furnishing in violation or evasion of law. Sexual conduct means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. Sexual excitement means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. Underage person means an individual under 21 years of age. Sec. 34-3. - One-day permits. (a) Any nonprofit organization desiring to serve liquids for the purpose of mixing with liquor and permitting the consumption and display of liquor in conjunction with a social activity sponsored by it shall first obtain a permit from the city. It is unlawful for any such organization to fail to obtain such permit. The term of such permit shall be one day only.No more than ten permits shall be issued in any calendar year. (b) The fee for such permit is as established by ordinance. (c) In addition to council approval, such permit must be approved by the state commissioner of public safety. ARTICLE II. -LICENSING Sec. 34-10. -Required. (a) It is unlawful for any person to sell, or keep or offer for sale, any alcoholic beverage at retail without a license from the city. (b) The following types of licenses may be issued by the city: (1) On-Sale Intoxicating Liquor License to a hotel, restaurant, bowling center, club or congressionally chartered veterans organizations as allowed by law, or exclusive liquor store for the sale of alcoholic beverages for consumption only on the licensed premises. (2) On-Sale 3.2 Percent Malt Liquor License to drugstores, restaurants, hotels, clubs, bowling centers and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks, for the sale of 3.2 percent malt liquor beverages for consumption only on the licensed premises. (3) Off-Sale Intoxicating Liquor License for the sale of alcoholic beverages for consumption only off the licensed premises. (4) Off-Sale 3.2 Percent Malt Liquor License for the sale of 3.2 percent malt liquor beverages for consumption only off the licensed premises. (5) Temporary On-Sale Intoxicating Liquor License for the sale of alcoholic beverages for consumption at the location specified in the license. (6) Temporary On-Sale 3.2 Percent Malt Liquor License for the sale of 3.2 percent malt liquor beverages for consumption at the location specified in the license. (7) On-Sale Wine License for the sale of wine of up to 24 percent alcohol by volume for consumption only on the licensed premises. (8) Sunday On-Sale Intoxicating Liquor license for the sale of alcoholic beverages for consumption only on the licensed premises on Sundays. (9) Sunday On-Sale 3.2 Percent Malt Liquor license for the sale of 3.2 percent malt liquor beverages for consumption only on the licensed premises on Sundays. Sec. 34-11. -Application. (a) All applications for a license required by this division shall be made at the office of the city clerk upon forms prescribed by the proper department of the state, together with such additional information as the council may desire and if not so prescribed, then upon forms furnished by the city. Information required may vary with the type of business organization making application. All questions asked or information required shall be answered fully and completely by the applicant. (b) It is unlawful to make a false statement or an omission upon any application form.Any false statement or any willful omission on such application form shall be grounds for automatic denial or revocation of license. Sec. 34-12. -Application fee. At the time of the initial application for an on-sale intoxicating liquor license, applicants shall pay to the city the fees as provided for in the current city fee ordinance duly adopted by the council, which fee shall be considered an application fee, not refundable to the applicant. At any time an additional investigation is required because of a change in the ownership or control of a partnership or corporation or because of an enlargement, alteration or extension of premises previously licensed, the licensee shall pay an additional investigation fee. Sec. 34-13. -Investigation and issuance. (a) Investigation. All applications for a license required by this division shall be referred to the chief of police and to such other city departments as the council shall deem necessary, for verification and investigation of the facts set forth in the application. The chief of police shall cause to be made such investigation of the information as shall be necessary and shall make a written recommendation and report, which shall include a list of all violations of federal or state law or municipal ordinances by the applicant,to the council. (b) Hearing. Upon receipt of the written report and recommendation by the chief of police and within 30 days thereafter, the city clerk shall publish a notice of hearing at least ten days prior to the date set for hearing. The hearing notice shall set forth the day,time and place of hearing; the name of the applicant; the place where the business is to be conducted; and such other information as the council may direct. At such hearing all persons desiring to be heard shall have such opportunity, and the council may thereafter grant or deny the license. If the license is granted,the council may withhold its issuance until the applicant has qualified in all respects for the license. If the premises to be licensed are not complete at the time that the hearing is conducted,the council may grant the license but shall withhold its issuance until the premises have been completed in accordance with the representations made by the applicant. The license fee shall be due as of the date the license is granted. If a license has been granted but its issuance has been withheld pending completion of the premises to be licensed, and if the licensee does not proceed with reasonable dispatch to ready the premises, the council may rescind the action granting the license. Such action shall not be taken,however,without giving the licensee at least ten days' notice of the time and place of a hearing on the proposed rescission. (c) Granting. The council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications, including proposed license periods, must be consistent with this chapter. Prior to consideration of any application for a license,the applicant shall pay half the license fee, and the investigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. The city clerk shall, within ten days after the issuance of any license under this section, submit to the proper department of the state the full name and address of each person granted a license, the trade name,the effective license date,and the date of expiration of the license. He shall also submit to the proper department of the state any change of address,transfer,cancellation or revocation of any license by the council during the license period. (d) Issuing. If an application is approved,the city clerk shall forthwith issue a license in the form prescribed by the city or the proper department of the state, as the case may be, and upon payment of the second half of the license fee. All licenses shall be on a calendar year basis unless otherwise specified in this division. For licenses issued and which are to become effective other than on the first day of the licensed year,the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises described in the license. Sec. 34-14. -Location restrictions for off-sale liquor licenses; maximum number of off-sale liquor licenses. (a)No establishment for which an off-sale liquor license is issued shall be located within 500 feet of an institution of public education whose primary purpose is education of individuals in grades kindergarten through 12. No establishment for which an off-sale liquor license is issued shall be located within one-half mile of any previously existing establishment holding such a license. (b)No more than two off-sale liquor licenses shall be in effect in the city at the same time. Sec. 34-15. -Temporary licenses. An application for a temporary license shall state the exact dates and place of proposed temporary sale. No applicant shall qualify for a temporary license for more than a total of seven days in any calendar year. The council may, but at no time shall it be under any obligation whatsoever to, grant a temporary 3.2 percent malt liquor license on premises owned or controlled by the city. Any such license may be conditioned, qualified or restricted as the council sees fit. If the premises to be licensed are owned or under the control of the city,the applicant shall file with the city, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of$300,000.00 for injury to any one person and $500,000.00 for injury to more than one person, naming the city as an insured during the license period. Sec. 34-16. -License limited to space specified; inspection. Unless expressly stated therein, a license issued under the provisions of this division shall be valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure. The premises shall have an exclusive entrance from or exit to the exterior of the building at which the licensed premises are located. Entrances from or exits to a public concourse or public lobby meet this requirement. Sec. 34-17. -Resident manager or agent. Before an on-sale intoxicating liquor license is issued under this division to an individual who is a nonresident of the city, to more than one individual whether or not they are residents of the city, or to a corporation,partnership or association, the applicant shall appoint in writing a natural person who lives within 25 miles of the licensed establishment in the city as its manager or agent. Such manager or agent shall, by the terms of his written consent, take full responsibility for the conduct of the licensed premises and serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation and other attributes, could qualify individually as a licensee. If such manager or agent ceases to live within 25 miles of the city or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. Sec. 34-18. - Financial responsibility of licensees. (a) Proof. Prior to the issuance of any license under this ordinance, the applicant shall demonstrate proof of financial responsibility as defined in Minn. Stat. § 340A.409, as it may be amended from time to time,with regard to liability under Minn. Stat. § 340A.801,as it may be amended from time to time. This proof will be filed with the city and the Commissioner of Public Safety. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to Minn. Stat. § 340A.409,as it may be amended from time to time. Operation of a business which is required to be licensed by this ordinance without having on file with the city at all times effective proof of financial responsibility is a cause for revocation of the license. Sec. 34-19. -Renewal. (a) Application for renewal of all licenses under this division shall be made at least 60 days prior to the date of expiration of the license and shall contain such information as is required by the city. This time requirement may be waived by the council for good and sufficient cause. Applications for renewal are subject to all the requirements for the original issuance of a license, except the public hearing requirement which is an optional requirement to be established at the discretion of the city council. Sec. 34-20. -Transfer. A license shall be transferable between persons upon consent of the council and payment of the required investigation fee. No license shall be transferable to a different location without prior consent of the council and payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this section. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this code applying to applications for a license shall apply. Sec. 34-21. - Posting. All licensees shall conspicuously post their licenses in their places of business. Sec. 34-22. -Duplicate licenses. Duplicates of all original licenses issued under this division may be issued by the city clerk without action by the council upon the licensee's affidavit that the original has been lost, and upon payment of a fee in the amount established by resolution for issuance of the duplicate. All duplicate licenses shall be clearly marked "DUPLICATE." Sec. 34-23. -Revocation or suspension of licenses and permits. (a) On a finding that a licensee has failed to comply with an applicable statute,rule or ordinance relating to alcoholic beverages, the city may revoke the license, suspend the license, impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions. Conviction of a violation in a court of law is not required in order for the Council to impose the civil penalty. Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, Minn. Stat. §§ 14.57 to 14.70, as it may be amended from time to time. The Council may act as the hearing body under that act, or it may contract with the Office of Hearing Examiners for a hearing officer. Non-payment of the penalty is grounds for suspension or revocation of the license. (b) Multiple violations are computed by checking the time period of the three years immediately prior to the date of the most current violation. (c) The presumed penalties for violations are as follows: 1 st violation $500.00 2 nd violation $1,000.00 and 3 day license suspension 3 rd violation $2,000.00 and 2 week suspension 4 th violation License revocation (d) Lapse of required proof of financial responsibility shall effect an immediate suspension of any license issued pursuant to this ordinance or state law without further action of the Council. Notice of cancellation or lapse of a current liquor liability policy shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse of required insurance or of suspension or revocation of a license due to lapse of insurance may request a hearing thereon and, if a request is made in writing to the Clerk, a hearing before the Council shall be granted within thirty days. Any suspension under this subsection shall continue until the Council determines that the financial responsibility requirements of state law and this ordinance have again been met (e) Nothing n this section shall restrict or limit the authority of the council to take any other action in accordance with law. ARTICLE III. - OPERATIONAL RESTRICTIONS AND REQUIREMENTS Sec. 34-50. - General responsibility. (a) Every licensee is responsible for the conduct in the licensed establishment, and any sale of alcoholic beverage by any employee authorized to sell alcoholic beverages in the establishment is the act of the licensee for the purposes of all provisions of this chapter. (b) Sales of any alcoholic beverage in or from any premises licensed under this chapter by any employee authorized to make such sale in or from such place is the act of the employer as well as of the person actually making the sale, and every such employer is liable for all of the penalties provided by law for such sale equally with the person actually making the sale. Sec. 34-51. - Zoning requirements. Notwithstanding any section in this chapter to the contrary, all premises that are licensed must be located in zoning districts in which they are permitted and must be in compliance with the zoning regulations set forth in chapter 78. Sec. 34-52. -Hours and days of sale. (a) 3.2 percent malt liquor . No on-sale of 3.2 percent malt liquor may be made between 1:00 a.m. and 8:00 a.m. on Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday. Additionally, a Sunday on-sale license may be issued to holders of an on-sale 3.2 percent malt liquor license, to serve 3.2 percent malt liquor between the hours of 10:00 a.m. Sunday and 1:00 a.m. Mondays with the incidental sale of tobacco and soft drinks, provided that the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act. (b) Intoxicating liquor; on sale. No sale of intoxicating liquor for consumption on the licensed premises may be made: (1) Between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday; (2) After 1:00 a.m. on Sundays, except as provided by subsection (c) of this section; (c) Intoxicating liquor; Sunday sales; on sale. (1) A restaurant, club, bowling center, or hotel with a seating capacity for at least 30 person and which holds an on-sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 12:00 noon on Sundays and 1:00 a.m. on Mondays. (2) Notwithstanding anything in subsection (c) of this section to the contrary, a Sunday on- sale license may be issued to hotels, motels and restaurants which have on-sale liquor licenses, to serve liquor between the hours of 10:00 a.m. Sunday and 1:00 a.m. Mondays in conjunction with the serving of food, provided that the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act. (d) Alcoholic beverages; off-sale. No off-sale of alcoholic beverages may be made : (1) On Sundays, except between the hours of 11:00 a.m. and 6:00 p.m.; (2) Before 8:00 a.m. on Monday through Saturday; (3) After 8:00 p.m. on Monday through Thursday and after 10:00 p.m. on Friday and Saturday,provided that an establishment may sell intoxicating liquor until 10:00 p.m. on December 31 and July 3, and on the day preceding Thanksgiving day, unless otherwise prohibited under subsection (d)(1) of this section; (4) On Thanksgiving Day; (5) On Christmas Day; (6) After 8:00 p.m. on Christmas Eve, December 24. (e) Delivery to off-sale licensees. No delivery of an alcoholic beverage to an off-sale licensee may be made by a wholesaler or accepted by an off-sale licensee on Sunday. No order solicitation or merchandising may be made by a wholesaler on a Sunday. Sec. 34-53. -Restrictions on activities when sales not permitted. (a) Consumption. It is unlawful for any person to consume on on-sale license premises, or any licensee to permit consumption of, any alcoholic beverage on licensed premises more than 20 minutes after the hour when a sale can legally be made. (b) Removal of containers. It is unlawful for any on-sale licensee to permit any glass, bottle or other container containing any alcoholic beverage to remain upon any table,bar, stool or other place where customers are served more than 20 minutes after the hour when a sale can legally be made. (c) Closing. It is unlawful for any person, other than an on-sale licensee's bona fide employee actually engaged in the performance of his duties, to be on premises licensed under this chapter more than 30 minutes after the legal time for making licensed sales; however, this subsection shall not apply to licensees, employees of licensees and patrons on licensed premises for the sole purpose of preparing,serving or consuming food or beverages other than nonintoxicating malt liquor, wine or liquor. (d) Display. No person shall display any alcoholic beverage to the public in any manner in an on- or off-sale licensed operation during the hours in which consumption is not permitted. Sec. 34-54. -Sale in hotel guest rooms. No sale of intoxicating liquor shall be made to or in guest rooms of hotels unless the rules of such hotels provide for service of food in guest rooms and unless the sale accompanies and is incidental to the regular service of meals to guests in the hotel. Sec. 34-55. -Nudity or obscenity prohibited. It is unlawful for any person issued a license provided for in this article to permit upon licensed premises any nudity, obscene performance or continued use of obscenities by any agent, employee, patron or other person. SECTION 2. Chapter 70, Article V of the Orono City Code shall be amended by the addition of a new Division 3 to read as follows: DIVISION 3. -ALCOHOL Sec. 70-250. - Consumption and possession of beer,wine or liquor on streets and public property. (a) It is unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage on any street or other public property except city parks and other public property when and where permission has been specifically granted or licensed by the council. This section shall not apply to the possession of an unsealed container in a motor vehicle on streets or public property when the container is kept in the trunk of such vehicle, if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. (b) No license or permit shall be granted under this section unless and until the permittee or licensee, as the case may be, has filed with the city a certificate of public liability insurance on which the city or other owner of the property is a named insured providing umbrella or all perils coverage in the amount of$1,000,000.00. Nor shall such license or permit be granted until the permittee or licensee, as the case may be, agrees in writing to pay for all expenses incident to cleaning up all resulting refuse and debris. Sec. 70-251. - Consumption and possession of beer,wine or liquor on private parking lots. It is unlawful for any person to consume or possess in an unsealed container any alcoholic beverage on any privately owned parking lot which is clearly signposted prohibiting such possession and consumption. This section shall not apply to the possession of an unsealed container in a motor vehicle on privately owned parking lots when the container is kept in the trunk of such vehicle, if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. Sec. 70-252. -Inducing another to make illegal purchase or sale. No person shall knowingly induce another to make an illegal sale or purchase of intoxicating liquor or 3.2 percent malt liquor. Sec. 70-253. - Social host ordinance. (a) Generally. (1) It is unlawful for any person under the age of 21 to consume or possess an alcoholic beverage. a. Consumption of alcohol by persons under the age of 21 is harmful to those persons and constitutes a potential threat to public health from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions. b. Alcohol is also an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user. c. As a result, gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 should be prevented as much as possible. d. Gatherings involving underage possession and consumption often occur outside the presence of parents or other responsible adults. However, there are times when a parent or other adult is present and condones the activity, and in some circumstances provides the alcohol. e. Although furnishing alcohol to an underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption. f. A deterrent effect will be created by holding a person criminally responsible for hosting a gathering where underage possession or consumption occurs. (2) The purpose of this section is to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and to hold persons criminally responsible who host gatherings where persons under 21 years of age possess or consume alcohol, regardless of whether the person hosting the gathering supplied the alcohol or was present. (3) The city council intends that this section should not target parents who may have alcoholic beverages on their premises but who have issued a standing order that alcohol is not to be consumed by underage persons on those premises. (3) The definitions in City Code Section 34.1 shall apply to this section. (b) Prohibited acts. (1) It is unlawful for a person to host or allow a gathering on any premises if: a. The person knows that alcohol or alcoholic beverages will be present; and b. The person knows that an underage person will attend, or is likely to attend; and 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 consumption of alcohol and alcoholic beverages is allowed; or b. Controlling access to alcohol and alcoholic beverages; or c. Checking identification of attendees to determine age; or d. Supervising the activities of underage 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 underage person will be or is likely to be present. However, if a person has the knowledge specified in paragraph (1) above, 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 paragraph (1) above 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. (3) This section does not apply when an underage person is lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. (4) This section does not apply to the holder of a liquor license issued under Title III of this Code, but it does apply to a person who hosts a gathering at such a liquor establishment. SECTION 3. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this 22nd day offuly , 2019 on a vote of 4 ayes and 0 nays by the City Council of Orono, Minnesota. ATTEST: Mr—O:ea Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of Aug. 3 , 2019.