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06-11-2018 Council Meeting Packet
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06-11-2018 Council Meeting Packet
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340A.503 PERSONS UNDER 21;ILLEGAL ACTS. <br />Subdivision 1.Consumption.(a)It is unlawful for any: <br />(1)retail intoxicating liquor or 3.2 percent malt liquor licensee,municipal liquor store,or bottle club <br />permit holder under section 340A.414,to permit any person under the age of 21 years to drink alcoholic <br />beverages on the licensed premises or within the municipal liquor store;or <br />(2)person under the age of 21 years to consume any alcoholic beverages.If proven by a preponderance <br />of the evidence,it is an affirmative defense to a violation of this clause that the defendant consumed the <br />alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent <br />or guardian. <br />(b)An offense under paragraph (a),clause (2),may be prosecuted either in the jurisdiction where <br />consumption occurs or the jurisdiction where evidence of consumption is observed. <br />(c)As used in this subdivision,"consume"includes the ingestion of an alcoholic beverage and the <br />physical condition of having ingested an alcoholic beverage. <br />Subd.2.Purchasing.It is unlawful for any person: <br />(1)to sell,barter,furnish,or give alcoholic beverages to a person under 21 years of age; <br />(2)under the age of 21 years to purchase or attempt to purchase any alcoholic beverage unless under <br />the supervision of a responsible person over the age of 21 for training,education,or research purposes.Prior <br />notification of the licensing authority is required unless the supervised alcohol purchase attempt is for <br />professional research conducted by postsecondary educational institutions or state,county,or local health <br />departments;or <br />(3)to induce a person under the age of 21 years to purchase or procure any alcoholic beverage,or to <br />lend or knowingly permit the use of the person's driver's license,permit,Minnesota identification card,or <br />other form of identification by a person under the age of 21 years for the purpose of purchasing or attempting <br />to purchase an alcoholic beverage. <br />If proven by a preponderance of the evidence,it shall be an affirmative defense to a violation of clause <br />(1)that the defendant is the parent or guardian of the person under 21 years of age and that the defendant <br />gave or furnished the alcoholic beverage to that person solely for consumption in the defendant's household. <br />Subd.3.Possession.It is unlawful for a person under the age of 21 years to possess any alcoholic <br />beverage with the intent to consume it at a place other than the household of the person's parent or guardian. <br />Possession at a place other than the household of the parent or guardian creates a rebuttable presumption of <br />intent to consume it at a place other than the household of the parent or guardian.This presumption may be <br />rebutted by a preponderance of the evidence. <br />Subd.4.Entering licensed premises.(a)It is unlawful for a person under the age of 21 years to enter <br />an establishment licensed for the sale of alcoholic beverages or any municipal liquor store for the purpose <br />of purchasing or having served or delivered any alcoholic beverage. <br />(b)Notwithstanding section 340A.509,no ordinance enacted by a statutory or home rule charter city <br />may prohibit a person 18,19,or 20 years old from entering an establishment licensed under this chapter to: <br />(1)perform work for the establishment,including the serving of alcoholic beverages,unless otherwise <br />prohibited by section 340A.412,subdivision 10; <br />Copyright ©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. <br />340A.503MINNESOTASTATUTES20171
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