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Page 3 <br /> <br />ORDINANCE/¢95-1 <br /> <br />4.05 <br /> <br />5.00 <br /> <br />5.01 <br /> <br />5.02 <br /> <br />It shall be unlawful for any person operating or in charge of any place of amusement or <br />refreshment which is open to the public to knowingly and habitually permit any juvenile to <br />be in ~uch place during the hours prohibited by Paragraphs 4.01, 4.02, and 4.03 of this <br />SubdiVision herein, under circumstances not constituting an exception to this Ordinance as <br />set forth herein. The term "person operating" shall mean any individual, firm, association, <br />partmJrship or corporation operating, managing or conducting any such establishment. The <br />term includes the members or partners of an association or partnership and the officers of <br />a corporation. <br /> <br />EXCEPTIONS <br /> <br />The following shall constitute valid exceptions to the operation of the curfew: <br /> <br />rat any time, if a juvenile is accompanied by his or her parent or an authorized adult; <br /> <br />At any t~m'e, if a juvenile is involved in, or attempting to remedy, alleviate, or respond <br />to an emergency; <br /> <br />If the juvenile is engaged in a lawful employment activity, or is going to or returning <br />home from his or her place of employment; <br /> <br />D0 <br /> <br />If the juvenile is attending an official school, religious, or other social or recreational <br />¢tctivity supervised by adults and sponsored by a city or the county, a civic <br />Organization, or another similar entity that takes responsibility for the juvenile; <br /> <br />Eo <br /> <br />!f the juvenile is going to or returning home from, without any detour or stop, an <br />official school, religious, or other recreational activity supervised by adults and <br />Sponsored by a city or the county, a civic organization, or another similar entity that <br />l~akes responsibility for the juvenile; <br /> <br />If the 'juvenile is on an errand as directed by his or her parent, without any detour or <br />Stop; <br /> <br />G. If the juvenile is engaged in interstate travel; <br /> <br />If the juvenile is on the public right-of-way boulevard or sidewalk abutting the <br />jhvenile's residence or abutting the neighboring property, structure, or residence; <br /> <br />If the juvenile is exercising First Amendment rights protected by the United States <br />Constitution (or thsse similar rights protected by Article I of the Constitution of the <br />State of Minnesota), such as free exercise of religion, freedom of speech, and the <br />rights of assembly; or, <br /> <br />If the juvenile is homeless or uses a public or semi-public place as his or her usual <br />place of abode. <br /> <br />It is an;affirmative defense to prosecution under Subd. 4.05 that: <br /> <br />A. The owner, operator or employee of an establishment promptly notified the police <br /> department that a juvenile was present on the premises of the establishment during <br /> qurfew hours and refused to leave,r I~1~ I <br /> <br /> <br />