For the purposes of Article
V, the following terms have the following meanings:
ALCOHOL
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
whiskey, rum, brandy, gin, or any other distilled spirits, including
dilutions and mixtures thereof, from whatever source or by whatever
process produced.
ALCOHOLIC BEVERAGE
Alcohol, spirits, liquor, wine, or beer and which contains
1/2 of 1% or more of alcohol by volume and which is fit for beverage
purposes either alone or when diluted, mixed, or combined with other
activity.
EVENT or GATHERING
Any group of three or more persons who have assembled or
gathered together for a social occasion or other activity.
HOST
To aid, conduct, allow, entertain, organize, supervise, control,
or permit a gathering or event.
PARENT
Any person having legal custody of a juvenile:
A.
As natural adoptive parent;
C.
As a person to whom legal custody has been given by order of
the court.
PERSON
Any individual, partnership, copartnership, corporation,
or any association of one or more individuals.
RESIDENCE or PREMISES
Any home, yard, farm, field, land, apartment, condominium,
hotel or motel room or other dwelling unit, or a hall or meeting room,
park, or any other place of assembly, public or private, whether occupied
on a temporary or permanent basis, whether occupied as a dwelling
or specifically for a party or other social function, and whether
owned, leased, rented, or used with or without permission or compensation.
The Fairfax 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 less than 21 years of
age possess or consume alcohol regardless of whether the person hosting
the event or gathering supplied the alcohol. The Fairfax 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.
This article does not apply to:
A. Conduct solely between an underage person and his or her parents
while present in the parent's household.
B. Legally protected religious observances.
C. Retail intoxicating liquor or 3.2% malt liquor licenses, or bottle
club permit holders who are regulated by Minn. Stat. § 340A.503,
Subdivision 1(a)(1).
D. Situations where underage persons are lawfully in possession of alcohol
or alcoholic beverages during the course and scope of employment.
This Article
V is enacted pursuant to Minn. Stat. § 145A.05, Subdivision 1.
This Article
V 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 law, which remaining portions shall continue in full force
and effect.
Chapter
71, Article
V, shall take effect upon adoption and publication.