5.14 - Persons Under 21; Illegal Acts
9 5.14
Section 5.14: Persons Under 21; Illegal Acts
Subdivision 1. Consumption
It is unlawful for any:
A. retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liquor
store, or bottle club permit holder under statute 340.414, to permit any
person under the age of twenty-one (21) years to drink alcoholic beverages
on the licensed premises or within the municipal liquor store; or
B. person under the age of twenty-one (21) years to consume any alcoholic
beverages. If proven by a preponderance of the evidence, it is an affirmative
defense to a violation of this clause that the defendant consumed the
alcoholic beverage in the household of the defendant's parent or guardian
and with the consent of the parent or guardian.
As used in this subdivision, "consume" includes the ingestion of an alcoholic
beverage and the physical condition of having ingested an alcoholic beverage.
Subdivision 2. Purchasing
It is unlawful for any person:
A. to sell, barter, furnish, or give alcoholic beverages to a person under twenty-
one (21) years of age;
B. under the age of twenty-one (21) years to purchase or attempt to purchase
any alcoholic beverage unless under the supervision of a responsible person
over the age of twenty-one (21) for training, education, or research
purposes. Prior notification of the licensing authority is required unless the
supervised alcohol purchase attempt is for professional research conducted
by post-secondary educational institutions or state, county, or local health
departments; or
C. to induce a person under the age of twenty-one (21) years to purchase or
procure any alcoholic beverage, or to lend or knowingly permit the use of the
person's driver's license, permit, Minnesota identification card, or other form
of identification by a person under the age of twenty-one (21) years for the
purpose of purchasing or attempting to purchase an alcoholic beverage.
If proven by a preponderance of the evidence, it shall be an affirmative defense to
a violation of clause (A) that the defendant is the parent or guardian of the person
under twenty-one (21) years of age and that the defendant gave or furnished the
alcoholic beverage to that person solely for consumption in the defendant's
household.
Golden Valley City Code
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95.14
Subdivision 3. Possession
It is unlawful for a person under the age of twenty-one (21) years to possess any
alcoholic beverage with the intent to consume it at a place other than the
household of the person's parent or guardian. Possession at a place other than the
household of the parent or guardian creates a rebuttable presumption of intent to
consume it at a place other than the household of the parent or guardian. This
presumption may be rebutted by a preponderance of the evidence.
Subdivision 4. Entering Licensed Premises
It is unlawful for a person under the age of twenty-one (21) years to enter an
establishment licensed for the sale of alcoholic beverages or any municipal liquor
store for the purpose of purchasing or having served or delivered any alcoholic
beverage. It is not unlawful for any person eighteen (18), nineteen (19), or twenty
(20) years old to enter a licensed premises for the following purposes; 1) to
perform work for the establishment, including the serving of alcoholic beverages,
unless otherwise prohibited by statute 340A.412, subdivision 10; 2) to consume
meals; and 3) to attend social functions that are held in a portion of the
establishment where liquor is not sold. It is unlawful for a licensee to permit a
person under the age of eighteen (18) years to enter licensed premises unless
attending a social event at which alcoholic beverages are not served, or in the
company of a parent or guardian.
Subdivision 5. Misrepresentation of Age
It is unlawful for a person under the age of twenty-one (21) years to claim to be
twenty-one (21) years old or older for the purpose of purchasing alcoholic beverages.
Subdivision 6. Proof
Proof of age for purchasing or consuming alcoholic beverages may be established
only by one of the following:
A. a valid driver's license or identification card issued by Minnesota, another
state, or a province of Canada, and including the photograph and date of
birth of the licensed person;
B. a valid military identification card issued by the United States Department of
Defense; or
C. in the case of a foreign national from a nation other than Canada, by a valid
passport.
In a prosecution under subdivision 2 (A), it is a defense for the defendant to prove
by a preponderance of the evidence that the defendant reasonably and in good faith
relied upon representations of proof of age authorized in subdivision 6 in selling,
bartering, furnishing, or giving the alcoholic beverage.
Source: Ordinance No. 180, 2nd Series
Effective Date: 6-11-98
Golden Valley City Code
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