2009-01-26 Regular Council Meeting Agenda

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3. “Establishment” means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment. 4. “Guardian” means a person who, under court order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by a court. 5. “Minor” means any person under the age of 17 years, but does not include a judicially emancipated minor. 6. “Operator” means any individual, firm, association, partnership, or corporation that operates, manages, or conducts any establishment. The term “operator” includes the members or partners of an association or partnership and the officers of a corporation. 7. “Parent” means a natural parent, adoptive parent or step-parent, or any person who has legal custody by court order or marriage, or any person not less than 21 years of age who is authorized by the natural parent, adoptive parent, step-parent or custodial parent of a child to be a caretaker for the child 8. “Public place” means any place to which the public, or a substantial group of the public, has access, and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. 9. “Remain” means to linger or stay or fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. 10. “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. C. Curfew violations. 1. A minor commits a curfew violation if he or she remains in any public place or on the premises of any establishment during curfew hours. 2. A parent or guardian of a minor commits a curfew violation if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment during curfew hours. 3. The owner, operator, or any employee of an establishment commits a curfew violation if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours. D. Defenses. It is a defense to prosecution under this section that the minor was: 1. Accompanied by the minor's parent or guardian; 2. On an errand at the direction of the minor's parent or guardian, without any detour or stop, and the minor has in his or her possession a writing signed by the parent or guardian containing the following information: the name, signature, address and telephone number of the parent or guardian authorizing the errand, the telephone number where the parent or guardian may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destination(s) and the hours the minor is authorized to be engaged in the errand;