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ORD 09-10
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ORD 09-10
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Last modified
10/16/2013 1:26:38 PM
Creation date
12/21/2009 10:36:47 AM
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City Government
type
ORD
date
11/9/2009
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(c) Pn obibited Acts. <br />(1) It is unlawful for any persons) to host or allow an event or gathering at <br />any residence or premises where alcohol or alcoholic beverages are <br />present when the person knows or reasonably should know that an <br />underage person will or does: <br />a. consume any alcohol or alcoholic beverage; or <br />b. possess any alcohol or alcoholic beverage with the intent to <br />consume it; and <br />C. the person fails to tale reasonable steps to prevent possession <br />or consumption by the underage person(s). <br />(2) A person is criminally responsible for violating subsection (c)(1) above if <br />the person intentionally aids, advises, hires, counsels, or conspires with or <br />otherwise procures another to commit die prohibited act. <br />(3) A person who hosts an event or gathering does not have to be present at <br />the event or gathering to be criminally responsible. <br />(d) Exceptions. <br />(1) This ordinance does not apply to conduct solely between an underage <br />person and his or her parents while present in the parent's household. <br />(2) This ordinance does not apply to legally protected religious observances. <br />(3) This ordinance does not apply to retail intoxicating liquor or 3.2 percent <br />malt liquor licensees, municipal liquor stores, or bottle club permit holders <br />who are regulated by Minn. Stat. 5340A.503 Subd.1(a) (1). <br />(4) This ordinance does not apply to situations where underage persons are <br />lawfully in possession of alcohol or alcoholic beverages during the course <br />and scope of employment. <br />(e) Enforcement. This ordinance can be enforced b3T any police officer or sheriff's <br />deputy in the county. <br />(� Severabiliy. If any subsection, sentence, clause, please, word, or other portion of <br />this Section is, for any reason, held to be unconstitutional or invalid, in whole, or in <br />part, by any court of competent jurisdiction., such portion shall be deemed severable, <br />and such unconstitutionality or invalidity shall not affect the validity of the remaining <br />portions of this law, which retraining portions shall continue in full force and effect. <br />(g) Penalty. Violation of subsection (c)(1) is a misdemeanor. <br />S:\ Ordinances /Draft Social Host LDOC <br />
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