The Isanti City Council intends to discourage underage possession
and consumption of alcohol, even if done within the confines of a
private residence, and intends to hold persons criminally responsible
who host events or gatherings where persons under 21 years of age
possess or consume alcohol regardless of whether the person hosting
the event or gathering supplied the alcohol. The Isanti City Council
finds that:
A.
Events and gatherings held on private or public property where alcohol
is possessed or consumed by persons under the age of 21 are harmful
to those persons and constitute a potential threat to public health
requiring prevention or abatement.
B.
Prohibiting underage consumption acts to protect underage persons,
as well as the general public, from injuries related to alcohol consumption,
such as alcohol overdose or alcohol-related traffic collisions.
C.
Alcohol is an addictive drug which, if used irresponsibly, could
have drastic effects on those who use it as well as those who are
affected by the actions of an irresponsible user.
D.
Often, events or gatherings involving underage possession and consumption
occur outside the presence of parents. However, there are times when
the parent(s) is/are present and condone the activity, and in some
circumstances provide the alcohol.
E.
Even though giving or furnishing alcohol to an underage person is
a crime, it is difficult to prove, and an ordinance is necessary to
help further combat underage consumption.
F.
A deterrent effect will be created by holding a person criminally
responsible for hosting an event or gathering where underage possession
or consumption occurs.
[Amended 7-20-2021 by Ord. No. 763]
This article is enacted pursuant to Minn. Stat. § 412.221,
Subd. 32, as amended from time to time.
A.
It is unlawful for any person(s) to host, aid and abet or allow an
event or gathering at any residence, premises, or on any other private
or public property, where alcohol or alcoholic beverages are present
when the person knows or reasonably should know that an underage person
will or does: 1) consume any alcohol or alcoholic beverage; or 2)
possess any alcohol or alcoholic beverage with the intent to consume
it; and the person fails to take reasonable steps to prevent possession
or consumption by the underage person(s).
B.
A person is criminally responsible for violating Subsection A above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act.
C.
A person who hosts an event or gathering does not have to be present
at the event or gathering to be criminally responsible.
A.
This article does not apply to conduct solely between an underage
person and his or her parents while present in the parent's household.
B.
This article does not apply to legally protected religious observances.
C.
This article does not apply to retail intoxicating liquor or 3.2%
malt liquor licensees, municipal liquor stores, or bottle club permit
holders who are regulated by Minn. Stat. § 340A.503, Subd.
1(a)(1), as amended from time to time.
[Amended 7-20-2021 by Ord. No. 763]
D.
This article does not apply to situations where underage persons
are lawfully in possession of alcohol or alcoholic beverages during
the course and scope of employment.
This article can be enforced by any police officer or Sheriff's
deputy in the county.
If any section, subsection, sentence, clause, phrase, word,
or other portion of this article is, for any reason, held to be unconstitutional
or invalid, in whole, or in part, by any court of competent jurisdiction,
such portion shall be deemed severable, and such unconstitutionality
or invalidity shall not affect the validity of the remaining portions
of this article, which remaining portions shall continue in full force
and effect.
[Amended 7-20-2021 by Ord. No. 763; at time of adoption of
Code (see Ch. 1, General Provisions, Art. II)]
