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Minnesota Statute 340A.503
Persons Under 21; Illegal Acts
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Source:
Minnesota Office of the Revisor of Statutes
Subdivision 1.
Consumption.
(a) It is unlawful for any:
(1) retail intoxicating liquor or 3.2
percent malt liquor licensee, municipal
liquor store, or
bottle club permit holder under section
340A.414, to permit any person
under the age of 21 years to drink alcoholic
beverages on the licensed premises or within
the municipal liquor store; or
(2) person under the age of 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.
(b) An offense under paragraph (a), clause
(2), may be prosecuted either in the
jurisdiction
where consumption occurs or the jurisdiction
where evidence of consumption is observed.
(c) As used in this subdivision, "consume"
includes the ingestion of an alcoholic
beverage
and the physical condition of having
ingested an alcoholic beverage.
Subd. 2.
Purchasing. 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; or
(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.
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.
Subd. 3.
Possession. It is unlawful for a person
under the age of 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.
Subd. 4.
Entering licensed premises. (a) It is
unlawful for a person under the age of 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.
(b) Notwithstanding section
340A.509, no ordinance enacted by
a statutory or home rule
charter city may prohibit a person 18, 19,
or 20 years old from entering an
establishment licensed under this chapter
to:
(1) perform work for the establishment,
including the serving of alcoholic
beverages, unless
otherwise prohibited by section
340A.412, subdivision 10;
(2) consume meals; and
(3) attend social functions that are held in
a portion of the establishment where liquor
is not
sold.
Subd. 5.
Misrepresentation of age. It is unlawful
for a person under the age of 21 years to
claim to be 21 years old or older for the
purpose of purchasing alcoholic beverages.
Subd.
5a.
Attainment of age. With respect
to purchasing, possessing, consuming,
selling, furnishing, and serving alcoholic
beverages, a person is not 21 years of age
until 8:00 a.m. on the day of that person's
21st birthday.
Subd. 6. Proof of
age; defense; seizure of false
identification. (a) Proof of age for
purchasing or consuming alcoholic beverages
may be established only by one of the
following:
(1) 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;
(2) a valid military identification card
issued by the United States Department of
Defense;
(3) a valid passport issued by the United
States; or
(4) in the case of a foreign national, by a
valid passport.
(b) In a prosecution under subdivision 2,
clause (1), 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 paragraph (a) in selling, bartering,
furnishing, or
giving the alcoholic beverage.
(c) A licensed retailer or municipal liquor
store may seize a form of identification
listed
under paragraph (a) if the retailer or
municipal liquor store has reasonable
grounds to believe
that the form of identification has been
altered or falsified or is being used to
violate any law.
A retailer or municipal liquor store that
seizes a form of identification as
authorized under this
paragraph must deliver it to a law
enforcement agency, within 24 hours of
seizing it.
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