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2002-04-02 P &Z Agenda
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2002-04-02 P &Z Agenda
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<br />5.02 It is affirmative defense to prosecution under Subd. 4.05 that: <br /> <br />1. The owner, operator or employee of an establisJnnent promptly notilied the <br />police department promptly notilied the police department that a juvenile was <br />present on the premises of the establishment during curfew hours and refused <br />to leave. <br /> <br />2. The owner, operator or employee reasonably and in good faith relied upon a <br />juvenile's representation of proof of age. Proof of age may be established <br />pursuant to Minn. Stat. 340A.503, subd. 6, or other veriliable means, <br />including, but not limited to, school identilication cards and birth certilicates. <br /> <br />VI <br /> <br />Section 6. ENFORCEMENT <br /> <br />6.01 Before taking any enforcement action under this section, a police officer shall ask the <br />apparent offender's age and reason for being in a public place. The officer shall not <br />issue a citation or make an arrest under this section unless the officer reasonably <br />believes that an offense has occurred and that no exception set forth in Subdivision <br />5.00 is applicable. <br /> <br />VII <br /> <br />Section 7. PENALTIES <br /> <br />7.01 Violation of Subdivision 4.01,4.02 and 4.03 will be prosecuted pursuant to Minn. <br />Stat. 260.195 and will be subject to the penalties therein. <br /> <br />7.02 Violation of Subdivision 4.04 or 4.05 shall be a misdemeanor. <br /> <br />VIII <br /> <br />Section 8. CONTINillNG REVIEW AND EVALUATION <br /> <br />8.01 The City Attorney shall prepare and submit a report annually to the City Council <br />evaluating violation of this section and the criminal activity by and against juveniles <br />within the city during the preceding year. The first report shall be submitted one year <br />after the effective date in Subdivision 10. <br /> <br />IX <br /> <br />Section 9. SEVERABILITY <br /> <br />Page 5 of 6 December 7, 2000 <br />
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