SF 2965

as introduced - 86th Legislature (2009 - 2010) Posted on 03/02/2010 11:07am

A bill for an act
relating to public safety; prohibiting persons from allowing underage drinking
under certain circumstances; providing criminal penalties; amending Minnesota
Statutes 2008, sections 340A.503, subdivision 2; 340A.701, subdivision 1;
340A.702.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 340A.503, subdivision 2, is amended to
read:

Subd. 2.

Purchasing new text begin , providing, permitting new text end .

It is unlawful for any person:

(1) to sell, barter, furnish, or give alcoholic beverages to a person under 21 years of
age;

(2) under the age of 21 years to purchase or attempt to purchase any alcoholic
beverage unless under the supervision of a responsible person over the age of 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 postsecondary educational institutions or state, county, or local health
departments; deleted text begin or
deleted text end

(3) to induce a person under the age of 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
21 years for the purpose of purchasing or attempting to purchase an alcoholic beverage new text begin ; or
new text end

new text begin (4) to knowingly permit the possession or consumption of an alcoholic beverage by
someone under the age of 21 on premises the person controls, or has leased, contracted, or
arranged for new text end .

If proven by a preponderance of the evidence, it shall be an affirmative defense to
a violation of clause (1) that the defendant is the parent or guardian of the person under
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.

new text begin If proven by a preponderance of the evidence, it shall be an affirmative defense to a
violation of clause (4) that the defendant is the parent or guardian of the person under 21
years of age and that the defendant permitted the possession or consumption of alcohol in
the defendant's household.
new text end

new text begin The prohibition on permitting possession in clause (4) does not apply if the person
under the age of 21 is lawfully possessing the alcoholic beverage during the course and
scope of employment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 340A.701, subdivision 1, is amended to read:

Subdivision 1.

Unlawful acts.

It is a felony:

(1) to manufacture alcoholic beverages in violation of this chapter;

(2) to transport or import alcoholic beverages into the state in violation of this
chapter for purposes of resale; deleted text begin or
deleted text end

(3) to sell or give away for beverage purposes poisonous alcohol, methyl alcohol,
denatured alcohol, denaturing material, or any other alcoholic substance capable of
causing serious physical or mental injuries to a person consuming it; deleted text begin or
deleted text end

(4) for a person other than a licensed retailer of alcoholic beverages, a bottle club
permit holder, a municipal liquor store, or an employee or agent of any of these who is
acting within the scope of employment, to violate the provisions of section 340A.503,
subdivision 2, clause (1), by selling, bartering, furnishing, or giving alcoholic beverages to
a person under 21 years of age if that person becomes intoxicated and causes or suffers
death or great bodily harm as a result of the intoxication new text begin ; or
new text end

new text begin (5) to violate the provisions of section 340A.503, subdivision 2, clause (4), if the
person under 21 years of age becomes intoxicated and causes or suffers death or great
bodily harm as a result of the intoxication new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 340A.702, is amended to read:

340A.702 GROSS MISDEMEANORS.

It is a gross misdemeanor:

(1) to sell an alcoholic beverage without a license authorizing the sale;

(2) for a licensee to refuse or neglect to obey a lawful direction or order of the
commissioner or the commissioner's agent, withhold information or a document the
commissioner calls for examination, obstruct or mislead the commissioner in the execution
of the commissioner's duties or swear falsely under oath;

(3) to violate the provisions of sections 340A.301 to 340A.312;

(4) to violate the provisions of section 340A.508;

(5) for any person, partnership, or corporation to knowingly have or possess direct
or indirect interest in more than one off-sale intoxicating liquor license in a municipality
in violation of section 340A.412, subdivision 3;

(6) to sell or otherwise dispose of intoxicating liquor within 1,000 feet of a state
hospital, training school, reformatory, prison, or other institution under the supervision and
control, in whole or in part, of the commissioner of human services or the commissioner
of corrections;

(7) to violate the provisions of section 340A.502;

(8) except as otherwise provided in section 340A.701, to violate the provisions of
section 340A.503, subdivision 2, clause (1) or (3);

(9) to withhold any information, book, paper, or other thing called for by the
commissioner for the purpose of an examination;

(10) to obstruct or mislead the commissioner in the execution of the commissioner's
duties;

(11) to swear falsely concerning any matter stated under oath; deleted text begin or
deleted text end

(12) to violate the provisions of section 340A.503, subdivision 5, after having been
convicted previously of violating section 340A.503, subdivision 5 new text begin ; or
new text end

new text begin (13) to violate the provisions of section 340A.503, subdivision 2, clause (4), after
having been convicted previously of violating that provision new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end