Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                         CHAPTER 277-H.F.No. 78 
           An act relating to crimes; defining the crime of 
          owning or operating a disorderly house; requiring a 
          mandatory fine for a person owning or operating a 
          disorderly house; amending Minnesota Statutes 1984, 
          section 609.33. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 609.33, is 
amended to read: 
    609.33 [DISORDERLY HOUSE OR PLACE OF PUBLIC RESORT.] 
    Whoever does either of the following may be sentenced to 
imprisonment for not more than one year or to payment of a fine 
of not more than $3,000, or both: 
    (1) Keeps a disorderly house, or place of public resort, 
whereby the peace, comfort or decency of a neighborhood is 
habitually disturbed; or 
    (2) Being the owner or in control of any premises, 
intentionally permits them to be so used.  
    Subdivision 1.  [DEFINITION.] For the purpose of this 
section, "disorderly house" means a building, dwelling, place, 
establishment, or premises in which actions or conduct 
habitually occur in violation of laws relating to: 
    (1) the sale of intoxicating liquor or nonintoxicating malt 
liquor; 
    (2) gambling; 
    (3) prostitution as defined in section 609.321, subdivision 
9, or acts relating to prostitution; or 
    (4) the sale or possession of controlled substances as 
defined in section 152.01, subdivision 4. 
    Subd. 2.  [PROHIBITING OWNING OR OPERATING A DISORDERLY 
HOUSE.] No person may own, lease, operate, manage, maintain, or 
conduct a disorderly house, or invite or attempt to invite 
others to visit or remain in the disorderly house.  A violation 
of this subdivision is a gross misdemeanor. 
    Subd. 3.  [MANDATORY MINIMUM PENALTIES.] (a) If a person is 
convicted of a first violation of subdivision 2, in addition to 
any sentence of imprisonment authorized by subdivision 2 which 
the court may impose, the court shall impose a fine of not less 
than $300 nor more than $3,000. 
    (b) If a person is convicted of a second violation of 
subdivision 2, in addition to any sentence of imprisonment 
authorized by subdivision 2 which the court may impose, the 
court shall impose a fine of not less than $500 nor more than 
$3,000. 
    (c) If a person is convicted of a third or subsequent 
violation of subdivision 2, in addition to any sentence of 
imprisonment authorized by subdivision 2 which the court may 
impose, the court shall impose a fine of not less than $1,000 
nor more than $3,000. 
    Subd. 4.  [EVIDENCE.] Evidence of unlawful sales of 
intoxicating liquor or nonintoxicating malt liquor, of 
prostitution or acts relating to prostitution, or of gambling or 
acts relating to gambling, is prima facie evidence of the 
existence of a disorderly house.  Evidence of sales of 
intoxicating liquor or nonintoxicating malt liquor between the 
hours of 1:00 a.m. and 8:00 a.m., while a person is within a 
disorderly house, is prima facie evidence that the person knew 
it to be a disorderly house. 
    Subd. 5.  [LOCAL REGULATION.] Subdivisions 1 to 4 do not 
prohibit or restrict a local governmental unit from imposing 
more restrictive provisions. 
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     Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1985, and applies to 
crimes committed on or after that date. 
    Approved May 31, 1985