3.3. SR 12-07-2009//
City of
Elk -.-~
River
REQUEST FOR ACTION
To Item Number
Ci Council 3.3.
Agenda Section Meeting Date Prepared by
Consent December 7, 2009 Jessica Miller, Executive
Secrets /De u Ci Clerk
Item Description Reviewed by
Summary Publication of Ordinance 09-10 Relating to Social Tina Allard, Ci Clerk
Hosting of Alcohol to Minors Reviewed by
Lori ohnson, Ci Administrator
Action Requested
Council motion to adopt the attached resolution approving notice of summary publication of Ordinance
09-10 amending Chapter 6 of the city code of ordinances relating to the social hosting of alcohol to
m1nOYS.
Background/Discussion
Council approved Ordinance 09-10 at its November 9, 2009 meeting. The ordinance is lengthy and would
be expensive to publish; therefore, staff would like Council approval for sununary publication. A 4/5
vote of the Council is required for summary publication.
Financial Impact
Publishing the ordinance as is would cost approximately $420. Summary publication costs should be
between $150-$200.
Attachments
^ Resolution Approving Summary Publication
^ Ordinance 09-10
Action Motion by Second by Vote
Follow Up
S:\Admuustradon\Council RCA\Ordinance Changes\Sum Pub OA 09-10.doc
RESOLUTION 09-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF SUMMARY PUBLICATION
OF ORDINANCE 09-10 AN ORDINANCE AMENDING CHAPTER 6 OF
THE ELK RIVER CITY CODE OF ORDINANCES RELATING TO SOCIAL
HOSTING OF ALCOHOL TO MINORS
WHEREAS, on November 9, 2009, the Elk River City Council adopted Ordinance 09-10
an ordinance amending Chapter 6 relating to the social hosting of alcohol to
minors; and
WHEREAS, the adoption to the ordinance sets forth rules and regulations for the social
hosting of alcohol to minors, including the purpose of the ordinance,
definitions, prohibited acts, exemptions, enforcement, severabiliry, and
penalty; and
WHEREAS, a copy of the full text of this ordinance is available by standard or electronic
mail or for inspection at the office of the Elk River Ciry Clerk, 13065 Orono
Parkway, during regular business hours, 8:00 a.m. to 4:30 p.m., Monday
through Friday; and
NOW, THEREFORE, BE IT RESOLVED, that the Ciry Council, by at least four-fifths
vote, authorizes the publication of the title and summary of ordinance 09-10
and that ordinance 09-10 shall become effective upon publication of this
resolution.
Passed and adopted this 7`" day of December 2009.
Stephanie Klinzing, Mayor
Tina Allard, City Clerk
ORDINANCE 09- 10
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF EL.K RIVER AMENDING
CHAPTER 6 OF THE ELK RIVER CITY CODE OF ORDINANCES
RELATING TO SOCIAL HOSTING OF ALCOHOL TO MINORS
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Chapter 6, Article III of the Elk River City Code of Ordinances
shall be amended to add as follows:
Sec. 6-138. Social Host
(a) Pur~iose and Findings. The Elk River City Council intends to discourage underage
possession and consumption of alcohol, even if done within the confines of a
private residence, and intends to hold persons criminally .responsible who host
events or gatherings where persons under 21 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:
(1) Events and gatherings held on private or public property where alcohol
is possessed or consumed by persons under the age of twenty-one 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 alcohol-related 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 irresponsible user.
(4) Often, events or gatherings involving underage possession and
consumption occur outside the presence of parents. However, there are
times when the parent(s) is/are present and, condone the activity, and in
some circumstances provide the alcohol.
(5) Even though giving or 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:\ordinances\2009\09-10 social host.doc
(6) A deterrent effect will be created by holding a person criminally
responsible for hosting an event or gathering where underage possession or
consumption occurs.
(b) Definitions. Fox purposes of this Section, the following terms have the following
meanings:
(1) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of
wine, whiskey, rum, brandy, gin, or any other distilled spirits including
dilutions and mixtures thereof from whatever source or by whatever
process produced.
(2) "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every
liquid or solid containing alcohol, spirits, wine, or beer, and which contains
one-half of one percent or more of alcohol by volume and which is fit fox
beverage purposes either alone or when diluted, mixed, or combined with
other substances.
(3) "Event or gathering" means any group of three or more persons who
have assembled or gathered together for a social occasion or other activity.
(4) "Host" means to aid, conduct, sponsor, allow, entertain, organize,
supervise, control, or 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; or
c. as a person to whom legal custody has been given by order
of a court.
(6) "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 or private, whether occupied on a temporary or permanent
basis, whether occupied as a dwelling or specifically for a party or other
social function, and whether owned, leased, rented, or used with or without
permission or compensation.
(8) "Underage person" means an individual under twenty-one (21) years of
age.
S:\Ordinances\2009\09-10 Social Host.DOC
(c) Prohibited Acts.
(1) It is unlawful for any person(s) 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 or alcoholic beverage; or
b. possess any alcohol or alcoholic beverage with the intent to
consume it; and
c. the person fails to take reasonable steps to prevent possession
or consumption by the underage person(s).
(2) A person is criminally responsible for violating subsection (c)(1) above if
the person intentionally aids, advises, hires, counsels, or conspires with or
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 or gathering to be criminally responsible.
(d) Exceptions.
(1) This ordinance does not apply to conduct solely between an underage
person and his or her parents while present in the parent'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 regulated by Minn. Stat. ~340A.503 Subd.1(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.
(~ Severability. 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.
(g) Penalty. Violation of subsection (c)(1) is a misdemeanor.
S:\Ordinances\2009\09-10 Social Host.DOC
law.
Section 2. That this ordinance shall take effect upon publication as provided by
Passed and adopted by the City Council of the City of Elk River this 9~ day of
November, 2009.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
S:\Ordinances\2009\09-10 Social Host.DOC