(A) Definitions. For the purpose 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, 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 3 or more persons who have assembled or gathered together for social occasion or other activity.
HOST. To aid, conduct, allow, entertain, organize, supervise, control, or permit an event or gathering.
PARENT. Any individual, partnership, co-partnership, corporation, or any association of 1 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 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.
(B) Prohibited acts.
(1) It is unlawful for any person(s) to:
(a) Host or allow an event or gathering;
(b) At any residence, premises, or on any other private or public property;
(c) Where alcohol or alcoholic beverages are present;
(d) When the person knows or reasonably should know that an underage person will or does:
1. Consume any alcohol or alcoholic beverage; or
2. Possess any alcohol or alcoholic beverage with the intent to consume it; and
(e) The person fails to take reasonable steps to prevent possession or consumption by the underage person(s).
(2) A person is criminally responsible for violating division (B)(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.
(C) 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 licenses, municipal liquor stores, or bottle club permit holders who are regulated by M.S. § 340A.503, Subdivision 1(a)(1).
(D) Violation; penalty. Any person, firm, or corporation who violates any provision of this section shall be guilty of a misdemeanor. See § 10.99 of this code.
(Ord. 2011-06, passed 12-5-2011) Penalty, see § 10.99