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used irresponsibly, could have drastic beverages are present; <br /> effects on those who use it as well as 4. When the person knows or <br /> those who are affected by the actions of reasonably should know that an <br /> an irresponsible user. underage person will or does <br /> D. Often, events or gatherings involving a. Consume any alcohol or alcoholic <br /> underage possession and consumption beverage; or <br /> occur outside the presence of parents. b. Possess any alcohol or alcoholic <br /> However, there are times when the beverage with the intent to consume it; <br /> parent is present and condone the and <br /> activity, and in some circumstances 5. The person fails to take reasonable <br /> provide the alcohol. steps to prevent possession or <br /> E. Even though giving or furnishing consumption by the underage <br /> alcohol to an underage person is a person(s). <br /> crime, it is difficult to prove, and this B. A person is criminally responsible for <br /> Chapter is necessary to help further violating subsection A of this section it <br /> combat underage consumption. the person intensionally aids, advises, <br /> F. A deterrent effect will be created by hires, counsels, or conspires with or <br /> holding a person criminally responsible otherwise procures another to commit <br /> for hosting an event or gathering where the prohibited act. <br /> underage possession or consumption C. A person who hosts an event or <br /> occurs. gathering does not have to be present at <br /> 509.02: AUTHORITY the event or gathering to be criminally <br /> This Chapter is enacted pursuant to responsible. <br /> Minn. Slat. §145A.05. 509.05: EXCEPTIONS <br /> 509.03: DEFINITIONS A. This Chapter does not apply to <br /> For the purpose of this Chapter, the conduct of an underage person <br /> following terms shall have the meanings specifically authorized by his or her <br /> stated: parent while present in the parent's <br /> A. ALCOHOL: Ethyl alcohol, hydrated household or when the underage <br /> oxide of ethyl, or spirits of wine, whiskey, person and his or parent are guests in <br /> rum, brandy, gin, or any other distilled the household of another. <br /> spirits including dilutions and mixtures B. This Chapter does not apply to <br /> thereof from whatever source or by legally protected religious observances. <br /> whatever process produced. C. This Chapter does not apply to retail <br />CITY OF ROSEVILLE B. ALCOHOLIC BEVERAGE: Alcohol, intoxicating liquor or 3.2 percent malt <br />ORDINANCE NO. 1360 spirits, liquor, wine, beer, and every liquor licensees, municipal liquor stores <br /> <br />AN ORDINANCE ADDING <br />liquid or solid containing alcohol, spirits, , <br />or bottle club permit holders who are <br /> <br />CHAPTER 509: SOCIAL wine, beer, and which contains one-half <br />of one percent or more of alcohol by regulated by Minn. Slat. §340A.503, <br />Subd. 1(a) (1). <br />HOSTING, TO TITLE 5 volume and which is fit for beverage D. This Chapter does not apply to <br />THE CITY OF ROSEVILLE ORDAINS: Purposes either alone or when diluted, situations where underage persons are <br />SECTION I: Chapter 509: Social mixed, or combined with other lawfully in possession of alcohol or <br />Hosting is added to Title 5 of the substances. alcoholic beverages during the course <br />Roseville Ciry Code, to read as follows: C. EVENT or GATHERING: Any group and scope of employment. <br />CHAPTER 509 01 three or more persons who have 509.06: ENFORCEMENT <br />SOCIAL HOSTING assembled or gathered together fora This Chapter can be enforced by any <br />SECTION: social occasion or other ac(iviry. police o0icer. <br />509.01: Purpose and Findings D. HOST: To aid, conduct, allow, 509.07: SEVERABILITY <br />509.02: Authority entertain, organize, supervise, control, If any section, subsection, sentence <br /> <br />509.03: Definitions <br />or permit a gathering or event. , <br />clause, phrase, word, or other portion of <br />509.04: Prohibited Acts E. PARENT: Any person having legal this Chapter is, for any reason, held to <br />509.05: Exceptions custody of a juvenile: be unconstitutional or invalid, in whole <br /> <br />509.06: Enforcement <br />1. Asa natural, adoptive parent, or , <br />or in pan, by any court of competent <br />509.07: Severabiliry step-parent; jurisdiction, such portion shall be <br />509.08: Penalty 2. As a legal guardian; or deemed severable, and such <br />509.01: PURPOSE AND FINDINGS 3. As a person to whom legal custody unconstitutionality or invalidity shall not <br />The Roseville City Council intends to has been given by order of the court, affect the validity of the remaining <br />discourage underage possession and F PERSON: Any individual, ponions of this Chapter, which <br />consumption of alcohol, even it done Partnership, co-partnership, corporation, remaining ponions shall continue in lull <br />within the confines of a private or any association of one or more force and effect. <br />residence, and intends to hold persons individuals. 509.08: PENALTY <br />criminally responsible who host events G. RESIDENCE or PREMISES: Any Violation of this Chapter is a <br />or gatherings where persons under 21 home, yard, farm, field, land, apartment, misdemeanor. <br />years of age possess or consume condominium, hotel or motel room, or SECTION IC ENective date <br />This <br />alcohol regardless of whether the other dwelling unit, or a hall or meeting . <br />ordinance shall take effect upon its <br />person hosting the event or gathering room, park, or any other place of passage and publication. <br />supplied the alcohol. The Roseville Ciry assembly, public or private, whether Passed by the City Council of the City <br />Council finds that: occupied on a temporary or permanent of Roseville this 3rd day of March <br />2008 <br /> <br />A. Events or gatherings held on private <br />basis, whether occupied as a dwelling or , <br />. <br />(SEAL) <br />or public property where alcohol is specifically for a parry or other social CITY OF ROSEVILLE <br />possessed or consumed by persons function, and whether owned, leased, BY: Craig D. Klausing, Mayor <br />under the age of twenty-one are harmful rented, of used with or without ATTEST: <br />to those parsons and constitute a Permission or compensation. William J. Malinen, City Manager <br />potential threat to public health requiring H. UNDERAGE PERSON: Any ( Roseville Review: Mar. 11, 2008) <br />prevention or abatement. individual under twenty-one (21) years <br />B. Prohibiting underage consumption of age. <br />acts to protect underage persons, as 509.04: PROHIBITED ACTS <br />well as the general public, from injuries A. It is unlawful for any person(s) to; <br />related to alcohol consumption, such as 1. Host or allow an event or gathering; <br />alcohol overdose or alcohol-related 2. At any residence, premises, or on <br />traffic collisions. any other private or public property; <br />C. Alcohol is an addictive drug which, if 3. Where alcohol or alcoholic <br />