Subd. 1. It is unlawful for a person to host or allow a gathering on any premises if:
a. The person knows that alcohol or alcoholic beverages will be present; and
b. The person knows that an underage person will attend, or is likely to attend; and
c. The person fails to take reasonable steps to prevent the possession or consumption of alcoholic beverages by an underage person; and
d. An underage person consumes an alcoholic beverage, or possesses an alcoholic beverage with the intent to consume it, at the gathering.
Subd. 2. Examples of reasonable steps include:
a. Directing, on a one-time basis or as a standing order, that no consumption of alcohol and alcoholic beverages is allowed; or
b. Controlling access to alcohol and alcoholic beverages; or
c. Checking identification of attendees to determine age; or
d. Supervising the activities of underage persons at the gathering, either in person or through a responsible adult.
Subd. 3. A person is not criminally responsible under this chapter if the person does not know that a gathering will occur, or does not know that alcoholic beverages will be present, or does not know that an underage person will be or is likely to be present. However, if a person has the knowledge specified in subdivision 1 above, a person who hosts a gathering does not have to be present at the gathering to be criminally responsible.
Subd. 4. A person is criminally responsible for violating Subd. 1. above if the person intentionally aids, advises, hires, counsels or conspires with or otherwise procures another to commit the prohibited act.
(Ord. 498, passed 8-27-2012)