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NOV 22 '95 11:55AP1 LING LAKES P.D. P.5 <br />Page 3 ORDINANCE #95-1 <br />4.05 It shall be unlawful for any person operating or in charge of any place of amusement or <br />refreshment which is open to the public to knowingly and habitually permit any juvenile to <br />be in such place during the hours prohibited by Paragraphs 4.01, 4.02, and 4.03 of this <br />Subdivision herein, under circumstances not constituting an exception to this Ordinance as <br />set forth herein. The term 'person operating" shall mean any individual, firm, association, <br />partnership or corporation operating, managing or conducting any such establishment The <br />term includes the members or partners of an association or partnership and the officers of <br />a corporation. <br />5.00 EXCEPTIONS <br />5.01 The following shall constitute valid exceptions to the operation of the curfew; <br />A, At any time, if a juvenile is accompanied by his or her parent or an authorized adult; <br />B. At any time, if a juvenile is involved in, or attempting to remedy, alleviate, or respond <br />to an emergency; <br />C. If the juvenile is engaged in a lawful employment activity, or is going to or returning <br />home from his or her place of employment; <br />D. If the juvenile is attending an official school, religious, ar other social or recreational <br />activity supervised by adults and sponsored by a city. or the county, a civic <br />organization, ar another similar entity that takes responsibility for the juvenile; <br />E. If the juvenile is going to or returning home from, without any detour or stop, an <br />official school, religious, or other recreational activity supervised by adults and <br />sponsored by a city or the county, a civic organization, or another similar entity that <br />takes responsibility for the juvenile; <br />F. If the juvenile is on an errand as directed by his or her parent, without any detour or <br />stop; <br />G. if the juvenile is engaged in interstate travel; <br />H. If the juvenile is on the public right-of-way boulevard or sidewalk abutting the <br />juvenile's residence or abutting the neighboring property, structure, or residence; <br />If the juvenile is exercising First Amendment rights protected by the United States <br />Constitution (or those similar rights protected by Article I of the Constitution of the <br />State of Minnesota), such as free exercise of religion, freedom of speech, and the <br />rights of assembly; or, <br />J, If the juvenile is homeless or uses a public or semi-public place as his or her usual <br />place of abode. <br />5.02 It is an affirmative defense to prosecution under Subd. 4,05 that' <br />A. The owner, operator or employee of an establishment promptly notified the police <br />department that a juvenile was present on the premises of the establishment during <br />curfew hours and refused to leave. <br />