(A) Purpose and findings. The Kandiyohi 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 Kandiyohi City Council finds that:
(1) Events and gatherings held on private property where alcohol is possessed or consumed by persons under the age of 21 may be harmful to those persons and constitute a potential threat to public health.
(2) Prohibiting underage consumption protects underage persons, as well as the public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic crashes.
(3) Alcohol, if used irresponsibly, could have adverse 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, this section is necessary to help further combat underage consumption.
(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, Subd. 1.
(C) Definitions. For purposes of this section, the following definitions shall 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, liquor, wine, or beer, and which contains one-half of one percent 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:
(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. Any home, yard, mobile home, apartment, condominium, hotel or motel room, or other dwelling unit, 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 or rented.
UNDERAGE PERSON. Any individual under 21 years of age.
(D) Prohibited acts. It is unlawful for any person(s) to host or allow an event or gathering at any residence, or any other private property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does consume or possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s).
(1) A person is criminally responsible for violating this division (D) if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act.
(2) A person who hosts an event or gathering as described in this division (D) 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 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).
(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 their employment.
(5) Owners of motels or hotels, who have no knowledge of the underage consumption or possession.
(6) Under no circumstances shall this section apply to a municipal corporation.
(F) Enforcement. This section can be enforced by any law enforcement officer.
(G) Severability. If any section, subsection, sentence, clause, phrase, word, or other portion of this section is, for any reason, held to be unconstitutional or invalid, in whole, or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.
(H) Penalty. Violation of division (D) is a misdemeanor. This section shall be prima facie evidence of negligence only.
(Ord. passed 12-20-2018)