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05-28-13 Council Packet
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05-28-13 Council Packet
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2/28/2014 3:41:24 PM
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City Council
Council Document Type
Council Packet
Meeting Date
05/28/2013
Council Meeting Type
Regular
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<br />§ 701.01 STATE LIQUOR LICENSING LAW. <br />(1) Provisions of state law adopted . The provisions of M.S. Ch. 340A, as it may be <br />amende d from time to time, with reference to definitions of terms, applications for license, <br />granting of license, conditions of license, restriction on consumption, provision of sales, <br />conditions of bonds of license, hours of sales and all other matters pertaini ng to the retail <br />sale, distribution and consumption of intoxicating liquor, are hereby adopted and made a <br />part of this chapter as if fully set out herein. It is the intention of the City Council that all <br />future amendments to M.S. Ch. 340A are hereby adopte d by reference or referenced as if <br />they had been in existence at the time this chapter was adopted. <br />(2) City may be more restrictive than state law . The Council is authorized by the provisions <br />of M.S. § 340A.509, as it may be amended from time to time, to impose and has imposed in <br />this chapter, additional restrictions on the sale and possession of alcoholic beverages within <br />its limits beyond those contained in M.S. Ch. 340A, as it may be amended from time to <br />time. <br />(Prior Code, § 701.01) (Am. Ord. 13 -02, pas sed 10 -28 -2002) <br /> <br />340A.501 RESPONSIBILITY OF LICENSEE. <br />Every licensee is responsible for the conduct in the licensed establishment and any sale <br />of alcoholic beverage by any employee authorized to sell alcoholic beverages in the <br />establishment is the act of t he licensee for the purposes of all provisions of this chapter <br />except sections 340A.701 , 340A.702 , and 340A.703 . <br />History: <br />1985 c 305 art 7 s 1 ; 1987 c 152 art 1 s 1 ; art 2 s 2 <br /> <br />340A.503 PERSONS UNDER 21; ILLEGAL ACTS. <br />Subdivision 1.Consumption. <br />(a) It is unlawful for any: <br />(1) retail intoxicatin g liquor or 3.2 percent malt liquor licensee, municipal liquor store, <br />or bottle club permit holder under section 340A.414 , to permit any person under the age of <br />21 years to drink alcoholic beverages on the licensed premises or within the municipal <br />liquor store; or <br />(2) person under the age of 21 years to consume any alcoholic beverages. If proven by <br />a preponderance of the evidence, it is an affirmative defense to a v iolation of this clause <br />that the defendant consumed the alcoholic beverage in the household of the defendant's <br />parent or guardian and with the consent of the parent or guardian. <br />(b) An offense under paragraph (a), clause (2), may be prosecuted either in th e <br />jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is <br />observed. <br />(c) As used in this subdivision, "consume" includes the ingestion of an alcoholic <br />beverage and the physical condition of having ingested an alcoholic bev erage.
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