§ 130.83. EXCEPTIONS.

(A) The following shall constitute valid exceptions to the operation of the curfew:

(1) At any time, if a minor is accompanied by his or her parent or an authorized adult;

(2) At any time, if a minor is involved in, or attempting to remedy, alleviate, or respond to an emergency;

(3) If the minor is engaged in a lawful employment activity, or is going to or returning home from his or her place of employment;

(4) If the minor is attending an official school, religious, or other social or recreational activity supervised by adults and sponsored by a city or the county, a civic organization, or another similar entity that takes responsibility for the minor;

(5) If the minor is going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a city or the county, a civic organization, or other similar entity that takes responsibility for the minor;

(6) If the minor is on an errand as directed by his or her parent, without any detour or stop;

(7) If the minor is engaged in interstate travel;

(8) If the minor is on the public right-of-way boulevard or sidewalk abutting the minor’s residence or abutting the residence of the next-door neighbor if the neighbor has not complained to the police department about the minor’s presence;

(9) If the minor is exercising First Amendment rights protected by the United States Constitution (or those similar rights protected by Article I of the Constitution of the State of Minnesota), such as free exercise of religion, freedom of speech, and right to assembly; or

(10) If the minor is homeless or uses a public or semi-public place as his or her usual place of abode.

(B) It is an affirmative defense to prosecution under § 130.82(D) that:

(1) The owner, operator or employee of an establishment promptly notifies the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave; and

(2) The owner, operator or employee reasonably and in good faith relied upon a minor’s representations of proof of age. Proof of age may be established pursuant to M.S. § 340A.503, subd. 6, or other verifiable means, including, but not limited to, school identification cards and birth certificates.