(A) Purpose and findings. The city 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 twenty-one (21) years of age possess or consume alcohol, regardless of whether the person hosting the event or gathering supplied the alcohol. The Mora City Council finds that:
(1) Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of twenty-one (21) are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement.
(2) Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions.
(3) Alcohol is an addictive drug which, if used irresponsibly, could have drastic 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 or guardians. However, there are times when a parent or guardian or other adult is present and condones the activity and, in some circumstances, provides the alcohol.
(5) Even though giving or furnishing alcohol to an underage person is a crime, it is difficult to prove, and an ordinance 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) Definitions. For purposes of this section, the following terms have the following meanings:
(1) ALCOHOL means 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.
(2) ALCOHOLIC BEVERAGE means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent (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.
(3) EVENT OR GATHERING means any group of three (3) or more persons who have assembled or gathered together for a social occasion or other activity.
(4) HOST means to aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event.
(5) PARENT means any person having legal custody of a juvenile as:
(a) A natural, adoptive parent, or step-parent;
(b) A legal guardian; or
(c) A person to whom legal custody has been given by order of the court.
(6) PERSON means any individual, partnership, co-partnership, corporation, or any association of one or more individuals.
(7) RESIDENCE or PREMISES means 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.
(8) UNDERAGE PERSON is any individual under twenty-one (21) years of age.
(C) Prohibited acts. It is unlawful for any person(s) to host, allow or have control over an event or gathering, or intentionally aid, hire, advise, counsel, or conspire with or otherwise procure another to host, allow or have control over an event or gathering, at any residence, premises, or on any other private or public property, where alcohol or alcoholic beverages are present, when the person knows, has reason to know, or acts in reckless disregard of knowledge that any underage person will or does consume any alcohol or alcoholic beverage, 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).
(D) Exceptions. This section does not apply to:
(1) Conduct solely between an underage person and his or her parent while present in the parent’s household.
(2) Legally protected religious observances.
(E) Enforcement. This section can be enforced by any peace officer licensed by the State of Minnesota.
(Ord. 392, passed 6-1-2010)