5.2. SR 11-09-2009cti®n eu~ste
Request that the council approve the attached social host ordinance.
_ aci~ r®unl iscussi®n
Our City Prosecuting Attorney has brought fot•watd a new ordinance which deals with the social hosting
of alcohol to minors. Currently for these types of offenses we utilize state statutes which allow us to
charge adults who provide alcohol to minors with a gross misdemeanor offense. This has proven to be a
difficult law to enforce. ~1e often find at large parties that those underage persons who attend and
consume are very reluctant to identify those individuals who have provided the alcohol. Those who
supply the alcohol are also very unlil~ely to identify themselves as the supplier. The end result is that the
party is brol~en up, and no one is charged. This is often very frustrating to the parents of the minors
sefved.
what this ordinance provides is a means to charge the person who hosted the party with a misdemeanor
offense, regardless of whether or not he/she provided the alcohol. ~t is an excellent tool for us to use in
combating alcohol parties that involve large numbers of underage drinkers.
This social host ordinance has been implemented and utilized by a number of metropolitan communities.
A number of counties have passed these laws as wellexamples: Shakopee, New Prague, Crookston,
Chaska, Prior Labe, Nowthen, Lal~eville, Jordan, and Scott County}.
City Prosecutor Scott Baumgartner and ~ will be present to answer any questions the Council may have.
inanciai fact
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~ Social Host Ordinance
Cti®n Morton by Second by ~jote
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C:~Documents and Settings~jjohnson~1~oca! Settings~'C'emporary Internet I~ilcs~OI:,K49~Action Requested-Social I host ordinance,doc
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The ~i~r Council of the City of Elk River does hereby ordain as fo~~ows:
~eetion 1. That Chapter ~, Article ~I~ of the Ells River City Code of ordinances
shall be amended to add as follows:
Sec. U~138. Social Host
~a} ~'atrpo~e dnd Findings. The Elk River City Council intends to discourage underage
possession and consumption of alcohol, even if done within the confna.es of a
private residence, and intends to hold persons criminally responsible who host
events or gatherings where persons under 2~ years of age possess or consume
alcohol regardless of whether the person hosting the event or gathering supplied
the alcohol. The Elk River City Council finds that;
~i} Events and gatherings held on private or public property where alcohol
is possessed or consumed by persons under the age of twentywone are
harmful to those persons and constitute a potential threat to public health
requiring prevention or abatement,
~2} Prohibiting underage consumption acts to protect underage persons, as
well as the general public, from injuries related to alcohol consumption, such
as alcohol overdose or alcoholWrelated traffic collisions.
~3} Alcohol is an addictive drug which, if used irresponsibly, could have
drastic effects on those who use it as well as those who are affected by the
actions of an rt•respons~ e user.
~4} often, events ox• gatherings involving underage possession and
consumption occur outside the presence of parents, However, there are
times when the parents} is~are present and, condone the activity, and in
same ch.•cumstances provide the alcohol.
~5} Even though giving ai• furnishing alcohol to an underage person is a
crime, it is difficult to prove, and an ordinance is necessary to help further
combat underage consumption.
s.\ord~nancesldraft social host l,dac
~G} A detexxent effect will be created by holding a person criminally
xesponsible fox hosting an event ox gathexing where underage possession or
consumption occurs.
~b} D~nitions. For purposes of this Section, the following terms have the following
meanings:
~~.} "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, ox spirits of
wine, whiskey, rum, brandy, gin, ox any othex distilled spirits including
dilutions and mixtures thereof from whatevex source or by whatevex
process produced.
~2} "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every
liquid ox solid containing alcohol, spirits, wine, ox beex, and which contains
one-half of one percent ox more of alcohol by volume and which is fit for
beverage purposes either alone ox when diluted, mixed, ox combined with
other substances.
~3} "Event ox gathering" means any group of three ox moxe persons who
have assembled ox gathexed togethet• fox a social occasion ox other activity.
~4} "Host" means to aid, conduct, sponsor, allow, entertain, oxganize,
supervise, control, ox permit a gathering or event.
~5} "Parent" means any person having legal custody of a juvenile:
a. as natural, adoptive parent, or step-parent;
b. as a legal guardian; ox
c. as a person to whom legal custody has been given by order
of a court.
~~} "Person" means any individual, partnership, co-partnership, corporation,
or any association of one or more individuals. "Person" does not include a
city, county, or state agency.
~7} "Residence" or "premises" means any location, including a home, yard,
farm, field, land, apartment, condominium, hotel or motel room, or• other
dwelling unit, or a hall or meeting room, park, or any other place of
assembly, public ox private, whether occupied on a temporary or permanent
basis, whether occupied as a dwelling or specifically for a party ox other
social function, and whethex owned, leased, rented, or used with or without
permission ox compensation.
~S} "Underage person" means an individual under twenty-one ~~1} years of
age.
S:~Ordir-ances~DraFt Social Most 1,DOC
~c} ~'ralail~ited _Acts.
~1} It is unlawful for• any persons} to host or allow an event or gathering at
any residence or premises where alcohol or alcoholic beverages are
present when the person knows or reasonably should know that an
underage person will or does,
a. consume any alcohol ox alcoholic beverage; or
b. possess any alcohol or alcoholic beverage with the intent to
consume it; and
~, the person fails to take reasonable steps to prevent possession
or consumption by the underage persons}.
~2} A person is criminally responsible for violating subsection ~c} ~1} above if
the person intentionally aids, advises, hues, counsels, or conspires with ar
otherwise procures another to commit the prohibited act.
~3} A person who hosts an event or gathering does not have to be present at
the event ox gathering to be criminally responsible.
(d) Exceptions,
~l} This ordinance does not apply to conduct solely between an underage
person and his or her parents while present in the patent's household.
~2} This ordinance does not apply to legally protected religious observances.
~3} This ordinance does not apply to retail intoxicating liquor or 3.2 percent
malt liquor licensees, municipal liquor stores, or bottle club permit holders
who are ~.•egulated by Minn. Staff. ~340A.503 Subd.l~a}~1}.
~4} This ordinance does not apply to situations where underage persons are
lawfully in possession of alcohol or alcoholic beverages during the course
and scope of employment.
~e} .Enforcement. This ordinance can be enforced by any police officer or sheriff's
deputy in the county.
~l} Several~ili y. if any subsection, sentence, clause, phrase, word, or other portion of
this Section is, for any reason, held to be unconstitutional or invalid, in whole, or in
part, by any court of competent jurisdiction, such portion shall be deemed severable,
and such unconstitutionality or invalidity shall not affect the validity of the remaining
portions of this law, which remaining portions shall continue in full force and effect.
(~ Penalty. Violation of subsection (c)(1) is a misdemeanor.
S;~Ordinances~Draft Social Most 1,DOC
law.
~ec~io~ 2, That this ordi~a:~ce shall take effect upon. publication as provided by
Passed aid adopted by the City Cou~.cil of the City of Elk River this 9rh day o~
Uctaber, 2009.
Stephanie Kli~zha,g, Mayor
ATTEST:
Tina Allard, City Clerk
S,~Ordinances~Draft Social I~ast 1.llOC