All persons and parties shall comply with all
applicable federal and state laws and regulations pertaining to nonintoxicating
malt liquor and intoxicating liquor and in addition thereto shall
comply with all of the provisions of this chapter. In all situations
or cases where no specific ordinance provision applies, reference
shall be made to the applicable federal and state laws and regulations
pertaining to the consumption, sale, possession, handling or disposition
of nonintoxicating malt liquor and intoxicating liquor.
No person shall consume any nonintoxicating
malt liquor or intoxicating liquor or display any open container of
nonintoxicating malt liquor or intoxicating liquor on any public street,
alley or parking lot in the City of Breckenridge.
[Amended 2-22-1983 by Ord. No. 381]
No person shall consume or display any intoxicating
liquor on the premises of the licensee who is licensed to sell nonintoxicating
malt liquor unless such licensee is also licensed to sell intoxicating
liquors or is licensed pursuant to M.S. § 340A.414.
No person or party licensed to sell nonintoxicating
malt liquor or intoxicating liquor shall permit the following acts
or conduct to take place on the license premises:
A.
To employ or use any person in the sale or service
of alcoholic beverages in or upon the licensed premises while such
person is unclothed or in such attire, costume or clothing as to expose
to view any portion of the female breast below the top of the areola
or of any portion of the pubic hair, anus, cleft of the buttocks,
vulva or genitals.
B.
To employ or use the services of any hostess or entertainer while such hostess or entertainer is unclothed or in such attire, costume or clothing as described in Subsection A above.
C.
To encourage or permit any person on the licensed
premises to touch, caress or fondle the breasts, buttocks, anus or
genitals of any other person.
D.
To permit any employee or person to wear or use any
device or covering exposed to view, which simulates the breast, genitals,
anus, pubic hair or any portion thereof.
E.
To permit any person to perform acts of or acts which
simulate:
F.
To permit any person to use artificial devices or
inanimate objects to depict any of the prohibited activities described
above.
G.
To permit the showing of film, still pictures, electronic
reproduction, or other visual reproduction, or other reproductions
depicting:
(1)
Acts or simulated acts of sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, flagellation or any sexual acts
which are prohibited by law.
(2)
Any person being touched, caressed or fondled on the
breast, buttocks, anus or genitals.
(3)
Scenes wherein a person displays the vulva or the
anus or the genitals.
(4)
Scenes wherein artificial devices or inanimate objects
are employed to depict, or drawings are employed to portray, any of
the prohibited activities described above.
It is hereby declared to be the responsibility
of the person or party holding a license to sell nonintoxicating malt
liquor or intoxicating liquor to supervise and regulate all acts or
conduct which take place on the licensed premises, and for the purpose
of construing this chapter, the acts of any employee of the licensee
shall be considered an act of the licensee.
[Added 4-18-1977 by Ord. No. 329; amended 10-4-1977 by Ord. No. 335; 7-21-1986 by Ord. No. 399; 2-7-2000 by Ord. No 440]
A.
No person under the age of 21 years shall come upon or be allowed to remain on the premises during business hours of an establishment licensed to sell on-sale intoxicating liquor. It shall be the responsibility of the owner (licensee) of such an establishment to determine the age of the occupants of the establishment to ensure compliance with this section. A violation of this section by either a licensee, his or her agent or employee, or by a person under the age of 21 years shall, upon conviction thereof, be punishable as provided in Article VI hereof.
B.
The provisions of this section shall not apply to
a person under the age of 21 years who is in the immediate company
and presence of a parent or guardian or to regular or contract employees
of the establishment.
C.
This chapter shall not prohibit a person under the
age of 21 years from entering and remaining in a licensed on-sale
liquor establishment if said establishment has cooking facilities,
is licensed to sell food by the State of Minnesota Health Department
and said person is either consuming or waiting to be served food in
a dining area of said establishment away from the bar.
D.
This shall not prohibit a person under 21 years from
attending a social function that relates to the celebration of a wedding,
an anniversary of marriage or retirement party held in an establishment
licensed for the sale of alcohol, but only for the purpose of celebrating
the occasion and not for the purpose of purchasing, being served or
consuming any alcoholic beverage, provided a licensed police officer,
approved by the Chief of Police, is present. The cost of the police
officer shall be paid by the establishment.
[Added 9-5-2000 by Ord. No. 443]
[Added 2-16-2010 by Ord. No. 476]
A.
Title. This section shall be known as the "Social Host Ordinance."
B.
Purpose and findings.
(1)
The City Council intends to discourage under-age possession
and consumption of alcohol, even if done within the confines of a
private residence, and intends to impose criminal penalties on those
person(s) who host events or gatherings where persons under 21 years
of age possess or consume alcohol regardless of whether the person(s)
hosting or allowing the event or gathering supplied the alcohol.
(2)
The City Council finds that:
(a)
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 the irresponsible user.
(b)
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, safety and welfare requiring prevention or abatement.
(c)
Prohibiting underage consumption protects underage persons,
and the general public, from injuries related to alcohol consumption,
such as alcohol overdose or alcohol-related traffic collisions.
(d)
Events or gatherings involving underage possession and consumption
often occur outside the presence of parents or other responsible adults.
However, there are occasions when the parent(s) or other adult(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; therefore, an ordinance is necessary
to help further combat underage consumption.
(f)
A deterrent effect will be created by holding person(s) criminally
responsible for hosting or allowing an event or gathering where underage
possession or consumption of alcohol occurs.
C.
ADULT
ALCOHOL
ALCOHOL BEVERAGE
EVENT or GATHERING
HOST or ALLOW
PARENT
PERSON
PERSON HAVING CONTROL
RESIDENCE, PREMISES, PUBLIC PROPERTY or PRIVATE PROPERTY
TAKE REASONABLE STEPS
UNDERAGE PERSON
Definitions. For the purpose of this section, the following terms
shall have the meanings stated:
Any person 18 years of age or older.
Ethyl alcohol, hydrated oxide of ethyl or spirits of wine,
liqueur, cordials, whiskey, rum, brandy, gin, or any other distilled
spirits including dilutions and mixtures thereof from whatever source
or by whatever process produced.
Alcohol, spirits, liquor, wine, beer, and every liquid or
solid containing alcohol, spirits, 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
substances.
Any group of three or more persons assembled or gathering
together for a social occasion or other activity.
To aid, conduct, entertain, organize, supervise, control
or permit an event or gathering.
Any person having legal custody of a juvenile as a natural
parent, adoptive parent, stepparents, legal guardian, or a person
to whom legal custody has been given by order of the court.
Any individual, partnership, copartnership, corporation,
or any association of one or more individuals. A person does not include
any city, county, or state agency.
Any individual, partnership, copartnership, corporation,
or any association of one or more individuals or other legal person
with a right of possession to the premises on which the event or gathering
takes place, including, but not limited to:
Any location, including a house, apartment, condominium,
hotel or motel room, or other dwelling unit, or a hall or meeting
room, yard, field, park, or any other place of assembly, whether occupied
on a temporary or permanent basis, whether occupied as a dwelling
or residence or specifically for a social or business function, and
whether owned, leased, rented or used with or without permission or
compensation.
To control access to and the quantity of alcoholic beverages
present at the event or gathering and to verify the age of persons
attending the event or gathering by inspecting the driver's licenses
or other government-issued identification cards of those present to
ensure that underage person(s) do not possess or consume alcohol or
alcoholic beverages while at the event or gathering and to supervise
the activities of underage person(s) at the event or gathering.
Any person under the age of 21 years.
D.
Prohibited acts and penalty for violation of section.
(1)
Prohibited acts. It is unlawful for any person(s) to host or
allow an event or gathering at any residence, premises, or on any
other public property or private property where alcohol or alcoholic
beverages are present when the person hosting or allowing the event
or gathering knows or reasonably should know that an underage person
will or does:
(2)
It is unlawful for a person to violate Subsection D(1) if the person intentionally aids, advises, hires, counsels, or conspires with another or otherwise procures another to commit the prohibited act.
(3)
A person who hosts or allows an event or gathering does not have to be present at the event or gathering to be criminally responsible for a violation of Subsection D(1).
(4)
Evidence. Whenever a person, having control of the premises,
is present at the time when one underage person obtains, possesses,
or consumes any alcoholic beverage, it shall be prima facie evidence
that the person, regardless of age, knew or reasonably should have
known, that the underage person obtained, possessed, or consumed an
alcoholic beverage at the event or gathering.
(a)
It is prima facie evidence of a violation of this section when
at least one person under the age of 21 years is present, and the
person under the age of 21 years has consumed alcohol or is under
the influence of alcohol or is in possession of a container of alcoholic
beverages, and a container of alcoholic beverage is present.
(b)
The following may be considered in determining prima facie evidence
that a person has violated this section:
[1]
An advertisement or promotion of the event or gathering via
invitations, flyers, handbills, posters or postings on social networks
(e.g., MySpace, Facebook, Twitter, etc.), blogs, user-generated videos
(e.g., YouTube, Viddler, etc.), or mobile phone texting;
[2]
An advertisement or promotion of the event or gathering and
invitation to "Bring Your Own Bottle" (a.k.a. "B.Y.O.B."), via invitations,
flyers, handbills, posters or postings on social networks (e.g., MySpace,
Facebook, Twitter, etc.), blogs, user-generated videos (e.g., YouTube,
Viddler, etc.), or mobile phone texting;
[3]
An admission, cover, or other door fees to attend the event
or gathering;
[4]
Evidence of sales of alcohol or alcoholic beverages (such evidence
may include, but is not limited to, money, wristbands or other devices
which represent admission, cover, or other door fees to attend the
event or gathering, or alcohol or alcoholic beverage fees);
[5]
Evidence of the physical presence of alcohol or alcoholic beverages
in the residence, premises, public property, or private property (such
evidence may include, but is not limited to, the odor of alcohol,
or to the containers for consuming and holding alcohol or alcoholic
beverages like cups, cans, bottles, beer bongs, funnels, kegs, pony
kegs, party pigs, punch bowls, party balls, or pitchers); or
[6]
The presence of one person under the age of 21 years who manifested
any of the characteristics commonly associated with alcohol intoxication
or impairment. (Such evidence may include, but is not limited to,
having measurable alcohol concentration on a portable breath testing
device generally accepted in the scientific community for measuring
alcohol concentration.)
(c)
Evidence of alcoholic beverage consumption could be obtained
by use of a portable breathalyzer test.
(5)
Penalty. A violation of this section is a misdemeanor.
E.
Exceptions.
(1)
This section does not apply to conduct of an underage person
specifically authorized by his or her parent while present in the
parent's household.
(2)
This section does not apply to legally protected religious observances.
(3)
This section does not apply to retail intoxicating liquor or
3.2 percent malt liquor licensees, municipal liquor stores, or bottle
club permit holders who are regulated by M.S.A. § 340A.503.
(4)
This section does not apply to law enforcement activities supervised
by a law enforcement agency.
(5)
This section does not apply to situations where underage persons
are lawfully in possession of alcohol or alcoholic beverages during
the course and scope of employment.
F.
Authority. Pursuant to M.S.A. § 145A.05, Subd. 1, the City
Council has the authority to enact laws which promote the public health,
safety, and general welfare of its residents.
[Added 4-18-1977 by Ord. No. 329; amended 10-4-1977 by Ord. No. 335]
Every liquor licensee shall allow any police
officer of this City, health officer or other properly designated
officer or employee of the City to enter, inspect and search the premises
of the licensee during business hours without a warrant. It shall
be the duty of all police officers of the City to enforce the provisions
of this chapter and to search premises and seize evidence of law violation.
Violation of any provision of this chapter or of any state or federal
statute relating to the sale of liquor or conduct of a liquor establishment
by a licensee or his or her agent or employee is grounds for suspension
or revocation of the license.
[Added 2-5-2007 by Ord. No. 461]
A.
All off-sale, on-sale intoxicating and 3.2 percent malt liquor licenses
issued under the provision of Ordinance No. 461 of the City of Breckenridge
are required to send all managers and employees involved in the sales
of alcoholic beverages at said licensed establishment to a server
training course, as approved by the Breckenridge Police Department.
(1)
Persons successfully completing the approved class will receive
a "server training certificate card" which shall remain with said
individual wherever employed. The server training certificate card
is not required to be in said person's possession during hours
of employment, at a licensed establishment, provided the card can
be produced within 24 hours.
(2)
The server training certificate card must be renewed every three
years.
(3)
All new establishments are required, within 90 days of opening,
to provide the Breckenridge Police Department with a roster of managers
and employees depicting the expiration date of their server training
certificate card.
(4)
Recently hired managers and employees not having in their possession
a current server training certificate card must, within 90 days of
the employment start date, successfully complete an approved server
training class.
(5)
All off-sale and on-sale liquor establishments are required
to submit, along with the license renewal application, a complete
roster of managers and employees involved in serving alcoholic beverages
to the Breckenridge Police Department. Said roster is to include the
expiration date of the respective individuals server training certificate
card.
B.
Failure to comply with the above-referenced requirements will result
in the delay of the liquor license renewal and/or suspension of said
license until date of compliance.
