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(A) Public consumption. No person shall consume any alcoholic beverage on a public street, in a public park or in other public property unless the consumption and display of the beverage being consumed is lawfully permitted on the public property, pursuant to applicable provisions.
('82 Code, § 6.111)
(B) Alcoholic beverages in unlicensed public places. No person shall display, mix, prepare for consumption or consume any alcoholic beverage in any public place or place of business which is not licensed for the display, consumption, sale or furnishing of set-ups for alcoholic beverage.
('82 Code, § 6.112)
(C) Persons under 21 years of age. It is a violation of this code for any person:
(1) Under 21 years of age to misrepresent his or her age for the purpose of obtaining any alcoholic beverage;
(2) To induce a person 21 years of age to purchase or procure any alcoholic beverage;
(3) Other than the parent or legal guardian to procure any alcoholic beverage for any person under 21 years of age, to sell or give an alcoholic beverage to any person under 21 years of age;
(4) Under 21 years of age to consume any alcoholic beverage unless in the company of his or her parent or guardian and unless the consumption is otherwise permitted by law; and
(5) Under 21 years of age to possess any alcoholic beverage with intent to consume the alcoholic beverage at a place other than the household of his or her parent or guardian. Possession of the alcoholic beverage at a place other than the household of his or her parent or guardian shall be prima facie evidence of intent to consume the alcoholic beverage at a place other than the household of his or her parent or guardian.
('82 Code, § 6.113) Penalty, see § 10.99
Cross-reference:
Alcoholic Beverages, see Chapter 111
(A) Findings; intent.
(1) Repeat predatory offenders present a threat to the public safety of the community as a whole, especially children. Predatory offenders assigned a risk level III under the risk assessment scale established by the Minnesota Commissioner of Corrections are more likely than other classifications of offenders to use physical violence, to repeat their offenses, to have committed multiple offenses, to have more victims than are ever reported, and, as a result, to be prosecuted for only a fraction of their crimes. The cost of predatory offender victimization to society at large, while not precisely calculable, is steep.
(2) As expressed in M.S. § 412.221(32), the city has power to provide for the prevention of crime, the benefit of residence, and the promotion of health, safety, order, convenience, and the general welfare, as it deems necessary and expedient.
(3) The city has a compelling interest in promoting, protecting, and improving the health, safety, and general welfare of its citizens, and specifically has a compelling interest to protect against the serious threat to children posed by predatory offenders, including the risk of recidivism and harm that released sex offenders, assessed at a risk level III due to their high risk of re-offense, will pose to this community.
(4) By this section, the city prohibits certain predatory offenders of risk level III from establishing temporary or permanent residence in certain locations where children are known to regularly congregate in concentrated numbers.
(B) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILD. Any person under the age of 18.
CHILD CARE FACILITY. A facility licensed by the Minnesota Department of Human Services, or Carver County, to provide child care, including facilities having programs for children known as nursery schools, day nurseries, child care centers, day care centers, cooperative day care centers, and Head Start programs.
DESIGNATED OFFENDER. Any person who has been categorized as a level III predatory offender under M.S. § 244.052, a successor statute, or a similar statute from another state in which that person’s risk assessment indicates a high risk of re-offense.
PERMANENT RESIDENCE. A place where a person abides, lodges, or resides for 14 or more consecutive days.
PUBLIC PARK. A public recreation center or area, created, established, designated, maintained, provided, or set aside by the city, county, or state, for the purposes of public rest, recreation, and enjoyment, and all buildings, facilities, and structures located thereon.
PUBLIC PLAYGROUND. A city, county, or state-owned public improved outdoor area designed, equipped, and set aside for children’s play, including a school building playground, a child care building playground, a play area of a public park, or an area that contains permanent play equipment open to the public.
SCHOOL. Any public or nonpublic elementary or secondary school.
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 residence, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or non-consecutive days in any month and which is not the person’s permanent residence.
(C) Residence prohibition.
(1) Prohibited location of residence. It is unlawful for any designated offender to establish a permanent or temporary residence within 1,000 feet of any school, public park, or public playground, or child care facility.
(2) Measurement of distance. For purposes of determining the minimum distance separation required by division (C)(1) above, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence of the designated offender to the nearest outer property line of the school, child care facility, public park, or public playground.
(3) Official map. The City Clerk shall maintain an official map showing prohibited locations as defined by this section. The Clerk shall update the map annually to reflect any changes in the location of prohibited zones. The map shall not be deemed conclusive or all encompassing, or relieve any person subject to this section from their duty to comply with the prohibitions herein, since prohibited zones change from time to time.
(D) Penalty. Any person convicted of violating any provision of this section shall be punished as provided in § 10.99 of the City of Mayer Code of Ordinances. Each day that a designated offender maintains a permanent or temporary residence in violation of this section shall constitute a separate offense.
(E) Exemptions. A designated offender residing within the prohibited area as described in division (C) above does not commit a violation of that section if any of the following apply:
(1) The designated offender established the permanent or temporary residence and reported and registered the residence pursuant to M.S. §§ 243.166 and 243.167 or a successor statute, prior to the effective date of this section.
(2) The designated offender was a minor when he or she committed the offense and he or she was not convicted as an adult.
(3) The designated offender is a minor.
(4) The school, public park, or public playground within l,000 feet of the designated offender’s permanent residence or temporary residence or the child care facility of the designated offender’s permanent residence or temporary residence was opened after the designated offender established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. §§ 243.166 and 243.167 or a successor statute.
(5) The designated offender’s permanent or temporary residence is also the primary residence of the designated offender’s parent(s), grandparent(s), sibling(s), spouse, or child(ren).
(6) The designated offender’s permanent or temporary residence is property purchased, leased, or contracted with and licensed by the Minnesota Department of Corrections prior to the effective date of this section.
(Ord. 210, passed 9-12-16)
(A) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
CANNABIS. Any product containing the harvested flower, bud, leaves, or stems of a plant of the genus Cannabis that has a delta-9 tetrahydrocannabinol concentration of more than 0.3% on a dry weight basis. Cannabis includes adult-use cannabis flower, medical cannabis flower, and any derivative, concentrate, extract, resin, or other product made from a cannabis plant.
ELECTRONIC DELIVERY DEVICE. Includes but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor.
ELECTRONIC DEVICE. Any product containing or delivering a substance intended for human consumption through the inhalation of aerosol or vapor from the product.
HEMP. Any product containing the harvested flower, bud, leaves, or stems of a plant of the genus Cannabis that has a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis. Hemp includes any derivative, concentrate, extract, resin, or other product made from a hemp plant.
PUBLIC PLACE. All city-owned buildings, parks, streets, sidewalks, alleys, and trails.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product that is intended for inhalation. SMOKING includes using an electronic delivery device.
(B) M.S. § 152.0263, as amended from time to time, allows the use of cannabis in these places:
(1) A private residence including the person's curtilage or yard;
(2) Private property not generally accessible by the public unless the person is explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property; and
(3) The premises of an establishment or event licensed to permit on-site consumption.
(C) Prohibited activity. No person shall consume cannabis or hemp, in any form, in a public place. Ch. 95 of this code shall supersede regarding specific exceptions for public parks.
(D) Penalty. Violation of this section shall be a petty misdemeanor.
(Ord. 240, passed 10-9-23)