2005 Minnesota Statutes - 609.33 — Disorderly house.

     609.33 Disorderly house. 


    Subdivision 1.    Definition.  For the purpose of this 
 section, "disorderly house" means a building, dwelling, place, 
 establishment, or premises in which actions or conduct 
 habitually occur in violation of laws relating to: 


    (1) the sale of intoxicating liquor or 3.2 percent malt 
 liquor; 


    (2) gambling; 


    (3) prostitution as defined in section 609.321, subdivision 
 9, or acts relating to prostitution; or 


    (4) the sale or possession of controlled substances as 
 defined in section 152.01, subdivision 4. 


    Subd. 2.    Prohibiting owning or operating a disorderly 
 house.  No person may own, lease, operate, manage, maintain, 
 or conduct a disorderly house, or invite or attempt to invite 
 others to visit or remain in the disorderly house.  A violation 
 of this subdivision is a gross misdemeanor. 


    Subd. 3.    Mandatory minimum penalties.  (a) If a 
 person is convicted of a first violation of subdivision 2, in 
 addition to any sentence of imprisonment authorized by 
 subdivision 2 which the court may impose, the court shall impose 
 a fine of not less than $300 nor more than $3,000. 


    (b) If a person is convicted of a second violation of 
 subdivision 2, in addition to any sentence of imprisonment 
 authorized by subdivision 2 which the court may impose, the 
 court shall impose a fine of not less than $500 nor more than 
 $3,000. 


    (c) If a person is convicted of a third or subsequent 
 violation of subdivision 2, in addition to any sentence of 
 imprisonment authorized by subdivision 2 which the court may 
 impose, the court shall impose a fine of not less than $1,000 
 nor more than $3,000. 


    Subd. 4.    Evidence.  Evidence of unlawful sales of 
 intoxicating liquor or 3.2 percent malt liquor, of unlawful 
 possession or sale of controlled substances, of prostitution or 
 acts relating to prostitution, or of gambling or acts relating 
 to gambling, is prima facie evidence of the existence of a 
 disorderly house.  Evidence of sales of intoxicating liquor or 
 3.2 percent malt liquor between the hours of 1:00 a.m. and 8:00 
 a.m., while a person is within a disorderly house, is prima 
 facie evidence that the person knew it to be a disorderly house. 


    Subd. 5.    Local regulation.  Subdivisions 1 to 4 do 
 not prohibit or restrict a local governmental unit from imposing 
 more restrictive provisions. 


    Subd. 6.    Pretrial release.  When a person is charged 
 under this section with owning or leasing a disorderly house, 
 the court may require as a condition of pretrial release that 
 the defendant bring an eviction action against a lessee who has 
 violated the covenant not to allow drugs established by section 
 504B.171. 


    HIST: 1967 c 507 s 10; 1984 c 628 art 3 s 11; 1985 c 277 s 1; 
 1989 c 77 s 1; 1991 c 193 s 3; 1991 c 249 s 31; 1999 c 199 art 2 
 s 33; 2003 c 2 art 2 s 18