§ 10-47. Restrictions involving underage persons.

(a)

No licensee, his agent, or employee shall serve or dispense upon the licensed premises any intoxicating or 3.2 percent malt liquor to a person under the legal drinking age; nor shall such licensee, or his agent or employee, permit any such person to be furnished or allowed to consume any such liquors on the licensed premises; nor shall such licensee, his agent, or employee, permit any such person to be delivered any such liquors.

(b)

No person under the legal drinking age shall enter a licensed premises for the purpose of purchasing or consuming any alcoholic beverage. It is not unlawful for any person who has attained the age of 18 years to enter licensed premises for the following purposes;

(1)

To perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by statute;

(2)

To consume meals; and

(3)

To attend social functions that are held in a portion of the establishment where liquor is not sold.

(c)

No person under the legal drinking age shall possess any intoxicating or 3.2 percent malt liquor. Possession of an alcoholic beverage by a person under the legal drinking age at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the person's parent or guardian.

(d)

Misrepresenting age. No underage person shall misrepresent the person's age for the purpose of obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall the person enter any premises licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the purposes of purchasing or having served or delivered any alcoholic beverage. Nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for the underage person any intoxicating liquor or 3.2 percent malt liquor.

(e)

Identification requirements.

(1)

Identification required. Any person shall, upon demand of the licensee, his employee, or agent, produce and permit to be examined one of the forms of identification provided under M.S. § 340A.503, subd. 6.

(2)

Prima facie evidence. In every prosecution for a violation of the provisions of this section relating to the sale or furnishing of intoxicating liquor or nonintoxicating malt beverages to underage persons and in every proceeding before the council with respect thereto, the fact that the underage person involved has obtained and presented to the licensee, his employee or agent, a driver's license, passport or identification card from which it appears that said person was not an underage person and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional.

(Ord. No. 299, § 1, 3-13-00; Ord. No. 371, § 7, 4-12-04)