(A) Purpose and intent. 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.
(B) Authority. This section is enacted pursuant to M.S. § 145A.05.
(C) Definitions. For purposes of this section, the following terms have the following meanings:
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 1/2 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 3 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 stepparent;
(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 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 places of assembly, public or private, where 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:
(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 (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 or 3.2% malt liquor licensees, municipal liquor stores, or bottle club permit holders who are regulated by M.S. § 340A.503 subdivision 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 employment.
(F) Enforcement. This section can be enforced by any police officer or sheriff’s deputy in the county.
(G) Penalty. Violation of Division (D) is a misdemeanor.
(Ord. 98, passed 11-1-2011)