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§ 133.03 SOCIAL HOST.
   (A)   Purpose and findings. The City Council intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons criminally responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The City Council finds that:
      (1)   Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement;
      (2)   Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions;
      (3)   Alcohol is 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;
      (4)   Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent(s) is/are present and condone the activity, and in some circumstances, provide the alcohol;
      (5)   Even though giving or 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; and
      (6)   A deterrent effect will be created by holding a person criminally responsible for hosting an event or gathering where underage possession or consumption occurs.
   (B)   Authority. This section is enacted pursuant to M.S. § 145A.05, as amended from time to time.
   (C)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
      ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits, including dilutions and mixtures thereof from whatever source or by whatever process produced.
      ALCOHOLIC BEVERAGE. Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains 0.5% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
      EVENT or GATHERING. Any group of three or more persons who have assembled or gathered together for a social occasion or other activity.
      HOST or ALLOW. To aid, conduct, entertain, organize, supervise, control, or permit a gathering or event.
      PARENT. Any person having legal custody of a juvenile:
         (a)   As natural, adoptive parent, or step-parent;
         (b)   As a legal guardian; or
         (c)   As a person to whom legal custody has been given by order of the court.
      PERSON. Any individual, partnership, co-partnership, corporation, or any association of one or more individuals.
      RESIDENCE or PREMISES. Any home, yard, farm, field, land, apartment, condominium, hotel or motel 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.
      UNDERAGE PERSON. Any individual under 21 years of age.
   (D)   Prohibited acts.
      (1)   It is unlawful for any person(s) to host or allow an event or gathering at any residence, premises, or on any other private or public property where alcohol or alcoholic beverages are present and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s) when the person knows or reasonably should know that an underage person will or does:
         (a)   Consume any alcohol or alcoholic beverage; or
         (b)   Possess any alcohol or alcoholic beverage with the intent to consume it.
      (2)   A person is criminally responsible for violating division (D)(1) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act.
      (3)   A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible.
   (E)   Exceptions.
      (1)   This section does not apply to conduct solely between an underage person and his or her parents while present in the parent’s household.
      (2)   This section does not apply to legally protected religious observances.
      (3)   This section does not apply to retail intoxicating liquor 3.2% malt liquor licensees, municipal liquor stores, or bottle club permit holders who are regulated by M.S. § 340A.414, as it may be amended from time to time.
      (4)   This section does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.
      (5)   This section does not apply to landlords who are not present during any activities prohibited under division (D)(1) above.
   (F)   Enforcement. This section can be enforced by any peace officer.
Penalty, see § 133.99
Cross-reference:
   Alcoholic beverages, see Ch. 110
PREDATORY OFFENDERS
§ 133.15 PURPOSE AND INTENT.
   The city finds and declares that predatory offenders are likely to use physical violence and to repeat their offenses, and most predatory offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of predatory offender victimization to society at large, while incalculable, unmistakably steep. It is the intent of this subchapter to serve the city’s compelling interest to promote, protect, and improve the health, safety, and welfare of the citizens of the city by imposing residency restrictions upon predatory offenders and creating safety zones around locations where vulnerable populations regularly congregate in concentrated numbers wherein certain predatory offenders are prohibited from establishing temporary or permanent residence and wherein access by predatory offenders shall be restricted and excluded.
(Ord. passed 12-27-2016)
§ 133.16 DEFINITIONS.
   For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   CARE FACILITY. Any facility, public or private, licensed by the state or county, which, for gain or otherwise, regularly provides one or more persons with care, training, supervision, habilitation, or developmental guidance on a regular basis, for periods less than 24 hours per day, in a place other than the person’s own home.
   CHILD/CHILDREN. A person or persons under the age of 18 and includes individuals under the age of 21 who are in foster care.
   DESIGNATED PREDATORY OFFENDER. Any person who has been categorized as a Level II or Level III predatory offender under M.S. § 244.052, as it may be amended from time to time, a successor statute, or a similar statute from another state in which that person’s risk assessment includes a high risk of re-offense.
   FACILITIES FOR CHILDREN. All public parks, parkways, park facilities, parkland, public or private schools, designated public school bus stops, libraries, group homes, foster homes, day care and child care facilities, public recreation centers, real estate owned by public or private schools, city-owned property, nonprofit or commercial recreation centers, public or private playgrounds, public or commercial swimming pools, public beaches, youth centers, athletic fields used by children, crisis center or shelter, care facilities for children, skate park or rink, movie theaters, bowling alley, facilities for children’s clubs e.g., scouting, public recreational areas, and trails including, but not limited to, snowmobile trails, conservation areas, jogging trails, hiking trails, walking trails, bicycle trails, offices for Child Protective Services, place of assembly, and specialized schools for children including, but not limited to, tutoring, gymnastics, dance, and music schools.
   PERMANENT RESIDENCE. A place where a person abides, lodges, or resides for 14 or more consecutive days. An ownership interest by the person in such residence is not required.
   PLACE OF ASSEMBLY. A place of assembly, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar beliefs or a special purpose building that is designed or particularly adapted for the primary use of conducting, on a regular basis, religious services and associated accessory uses by a religious congregation.
   PUBLIC OR PRIVATE SCHOOLS. Establishments primarily engaged in providing instructional services to elementary or secondary students with a curriculum that complies with the state regulations, including public schools governed by an elected school board, private schools, and charter schools.
   TEMPORARY RESIDENCE. A place where a person abides, lodges, or resides, for a period of 14 or more days in the aggregate during any calendar year, and which is not the person’s permanent address or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month, and which is not the person’s permanent residence.
(Ord. passed 12-27-2016)
§ 133.17 PROHIBITION; EXCEPTIONS.
   (A)   Prohibited location of residence. It is unlawful for any designated predatory offender to establish a permanent residence or temporary residence within 2,000 feet of any facility for children or care facility.
   (B)   Prohibition present in safety zone. It is unlawful for any designated predatory offender to be present within 100 feet of any facility for children or care facility.
   (C)   Prohibited activity. It is unlawful for any designated predatory offender to participate in a holiday event involving children, such as distributing candy or other items to children on Halloween, wearing a costume on Halloween or during any Halloween event, wearing a Santa Claus costume on or preceding Christmas, or wearing an Easter Bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no non-familial children are present, are exempt from this division (C).
   (D)   Measurement of distance. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest outer property line of the facility for children or care facility.
   (E)   Exceptions. A designated predatory offender residing within a prohibited location as described herein does not commit a violation of this subchapter if any of the following apply.
      (1)   The designated predatory offender established the permanent residence and reported and registered the residence pursuant to M.S. §§ 243.166 and 243.167, or a successor statute, as amended from time to time, prior to June 10, 2010. Time spent in the Otter Tail County Jail, psychiatric or chemical dependency treatment center, hospital, half-way house, or other care facility shall not constitute prior permanent residence.
      (2)   The designated predatory offender was a minor when he or she committed the offense and was not convicted as an adult.
      (3)   The designated predatory offender is a minor.
      (4)   The facility for children or care facility within 2,000 feet of the designated predatory offender’s permanent residence was opened after the designated predatory offender established the permanent residence and reported and registered the residence pursuant to M.S. §§ 243.166 and 243.167 or a successor statute, as amended from time to time.
      (5)   The residence is the property purchased, leased, or contracted with and licensed by the state as a psychiatric care hospital or chemical dependency treatment facility which has on-site staffing 24 hours a day, as well as the Otter Tail County Jail.
   (F)   Official map of prohibited locations. City staff shall maintain an official map showing prohibited locations of residence as defined by this subchapter. City staff shall review annually and if appropriate update the map to reflect any changes in the prohibited locations. The map shall not be deemed conclusive or all-encompassing since some prohibited locations change from time to time including, but not limited to, other places where children are known to congregate.
(Ord. passed 12-27-2016) Penalty, see § 133.99
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