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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIDING AND ABETTING. Adults that are participating, aiding, or allowing in any illegal activity related to the event or gathering.
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 one-half of 1% 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. To aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event.
PARENT. Any person having legal custody of a juvenile:
(1) As natural, adoptive parent, or stepparent;
(2) As a legal guardian; or
(3) 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.
(Ord. 268, passed 7-12–2011)
(A) It is unlawful for any person(s) to:
(1) Host, aid and abet, 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;
(2) 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.
(3) The person fails to take reasonable steps to prevent possession or consumption by the underage person(s).
(B) A person is criminally responsible for violating division (A)(2)(a) above if the person intentionally aids, advises, hires, counsels, or conspires with, or otherwise procures another to commit, the prohibited act.
(C) A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible.
(Ord. 268, passed 7-12-2011) Penalty, see § 131.99
(A) This subchapter does not apply to conduct solely between an underage person and his or her parents while present in the parent’s household.
(B) This subchapter does not apply to legally protected religious observances.
(C) This subchapter does not apply to retail intoxicating liquor or 3.2% malt liquor licensees, municipal liquor stores, or bottle club permit holders who are regulated by M.S. § 340A.503, subd.1(a)(1), as it may be amended from time to time.
(D) This subchapter does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.
(Ord. 268, passed 7-12-2011)
(A) Any person violating any provisions of this chapter, for which no specific penalty is prescribed, shall be subject to § 10.99.
(C) Violation of §§ 131.20 through 131.25 is an administrative offense punishable by an administrative fee in an amount as set by Council from time to time, unless specifically charged and prosecuted as a misdemeanor, which shall be punishable by a fine in an amount as set by Council from time to time, and/or up to 90 days in jail.
(Ord. 167, passed 2-3-1997; Ord. 168, passed 2-3-1997; Ord. 268, passed 7-12-2011)