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5.2. SR 12-14-2009Item # 5.2. a~yar Elk -~-~ River MEMORANDUM its ~uncii o Jessica iier~ ecutive ecretar~! eput~ its ierl~ ° eceber i~ 4 ° J iscussi®n ~n ~cial Est rinance Councilmembex Moon requested this item be bxought back for discussion at the December 14 woxksession. Police Chief Jefl'xey Beahen and City Pxosecutox Scott Baumgartner will. be present at Monday's meeting, Ordinance o9w10 relating to social hosting of alcohol to minors ~ ® ~ N L ~ ~ ~ ~ I ~ ~ L I ~ The Cif Council of the City of Elk ~ivex does hexeby ordain as follows: section ~. That Chaptex G, Article IZl of the Elk River City Code of Qrdinances shall be amended to add as follows: Sec. G-i38. Social Host ~a} ~'ur~ose dnd .F'indin$s. 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 crimira.ally responsible who host events or gatherings where persons under 2i years of age possess or consume alcohol regardless of whethex the person hosting the event or gathering supplied the alcohol. The Ells River City Council £tnds 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 thxeat to public health requiring prevention or abatement. ~2} Prohibiting underage consumption acts to pxotect undexage persons, as well as the general public, from injuries xelated to alcohol consurn.ption, such as alcohol overdose ox alcohol-related traffic collisions. ~3} Alcohol is an addictive dxug which, if used u~responsibly, 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 ox gatherings involving underage possession and consumption occur outside the presence of parents. However, there are tinges when the parents} is/are present and, condone the activity, and in some circumstances provide the alcohol. ~5} Even though giving ox fuxnishing alcohol to an undexage person is a crime, it is difficult to prove, and an oxdinance is necessaxy to help further combat underage consumption, s;lordinances120091Q9-~0 social host.dcc (G} A deterrent effect will be created by holding a person criminally responsible for honing an event or gathering where underage possession or consumption occurs, ~b} Definitions. For 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 for 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. "Host" means to aid, conduct, sponsor, allow, entertarn, 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. (G} "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 specif cally for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation, (S} "Underage person" means an individual under twenty-one (21} years of age. S:~Ordinances~20D9~09-1d Sacial Host.DDC ~c} .prohibited Actg. (~} 7t is unlawful fox any persons} to host ox allow an event or gathering at any residence ox premises where alcohol ox alcoholic beverages axe present when the pexsan knows ox reasonably should l~now that an underage pexson will ox does: a. consume any alcohol ox alcoholic beverage; or• b. possess any alcohol ox alcoholic bevexage with the intent to consume it; and c, the pexson fails to take reasonable steps to prevent possession ox consumption by the underage pexson~s}, ~~} A person is criminally responsible for violating subsection ~c} ~~} above if the person intentionally aids, advises, nixes, counsels, or conspires with ar otherwise procures another to commit the prohibited act. (3} A person who hosts an event ox gathering does not have to be present at the event or gathering to be criminally responsible, (d) Exceptions. ~~} This oxdi.nance does not apply to conduct solely between an undexage pexson and his or her parents while pxesent in the parent's household. ~2} This ordinance does not apply to legally protected religious obse~.•vances. ~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. ~34~A.503 Subd.1 ~a} ~~}. (4} This ordinance does not apply to situations whexe underage persons are lawfully in possession of alcohol ox alcoholic bevexages during the course and scope of employment. ~e} .enforcement. This ordinance can be enforced by any police officer ox sheriff's deputy in the county. ~i} Severability, If any subsection, sentence, clause, phrase, word, ox other portion of this Section is, fox any reason, held to be unconstitutional ox invalid, in whole, ox in part, by any court of competent jurisdiction, such portion shall be deerr~ed severable, and such unconstitutionality ox 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.~Ordir-ances~2~09~~9-1~ social Hast,DDC law. ~ectio~ 2, That this o.~dinance shall take effect upon publication as pxovided by Passed and adopted by the City Council of the City of El~~ I~ive~ this 9th day of November, 2009. a ' Stephanie Klinzing, Mayo ATTEST; Tina Allard, City Clerk S,~Oxdinances~2~09~09-10 Social Host.DOC 6~ ~~~ ~ ~ , .., MINNESOTA STATUTES X009 34~A.S~3 34oA..503 PES~IVS E~ 21; ILLEGAL ACTS, Subdivision 1 o Consumption. ~a} Zt is unlawful for any: ~ ~} retail intoxicating liquor or 3.~ percent malt liquor licensee, municipal liquor store, or bottle club permit holder under section 34~A.414, to permit any person under the age of 21 years to drink alcoholic beverages on the licensed premises or within the municipal liquor store; or ~Z}person under the age of Z 1 years to consume any alcoholic beverages, Xf proven by a preponderance of the evidence, it is an a~armative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent or guardian. fib} An offense under paragraph ~a}, clause ~2), may be prosecuted either in the jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is observed, ~c} As used in this subdivision, "consume" includes the ingestion of an alcoholic beverage and the physical condition of having ingested an alcoholic beverage. Subd. Zo Purchasing. It is unla~vful for any pe~°son; ~~) to sell, barter, fi.~rnish~ Qr give alcoholic beverages to a person ~~n.der ~ ~ years o~`age; ~2} under the age of ZI years to purchase or attempt to purchase any alcoholic beverage unless under the supervision of a responsible person over tlae age of 21 for training, education, or research purposes. Prior notification of the licensing authority is required unless the supervised alcohol purchase attempt is for professional research conducted by postsecondary educational institutions or state, county, or local health departments; or ~3) to induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or l~nowingly permit the use of the person's driver's license, permit, Minnesota identification card, or other form of identification by a person under the age of ~1 years for the purpose of purchasing or attempting to purchase an alcoholic beverage. If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of clause ~l}that the defendant is the parent or guardian of the person under 2~ years of age and that the defendant gave or furnished the alcoholic beverage -ta that person solely for consumption in the defendant's householdo Subd. 3 o Possession. It is unlawful for a person under the age of 21 years to possess any alcoholic beverage with the intent to consume it at a place ether than the household of the person's parent or guardians Possession at a place other than the household of the parent or guardian creates Copyright (~ Z04g by the Revisor of Statutes, State of Minnesota, All Rights Reserve. 2 MINNESaTA STATUTES 2009 340A,503 a rebuttable presumption of intent to consu;rne it at a place other than the household of the parent or guardian, This presumption may be rebutted by a preponderance of the evidence, Subd. 4. entering licensed premises. ~a} Zt is unlawful for a person under the age of 21 years to enter an establishment licensed far the sale of alcoholic beverages ar any municipal liquoz° store for the purpose of purchasing or having served or delivered any alcoholic beverage. fib} Notwithstanding section 340A.509, no ordinance enacted by a statutory or home rule charter city may prohibit a persan 15,19, or 20 years old from entering an establishment licensed under this chapter to: ~l}perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by section 340A.412; subdivision 10; (2) consume meals; and ~3} attend social fi~nctions that are held in a portion of the establishment where liquor is not sold. Subd, 5. Misrepresentation of age, It is unlawful for a person under the age of 21 years to claim to be 21 years old or alder for the purpose of purchasing alcoholic beverages Subd. 5a..Attainment of age. with respect to purchasing, possessing, consuming, selling, furnishing, and serving alcoholic beverages, a persan is not 21 years of age until 5:00 a,m, on the day of that person's 21 st birthday. Subd, 6. Proof of age; defense; seizure of false identification. ~a} Proof of age for purchasing or consuming alcoholic beverages maybe established only by one of the following: ~l} a valid driver's license or identification card issued by Minnesota, another state, ar a province of Canada, and including the photograph and date of birth of the licensed person; ~2} a valid military identification card issued by the United States Department of Defense; ~3) a valid passport issued by tl~.e United States; or ~4} in the case of a foreign national, by a valid passport. fib} In a prosecution under subdivision 2, clause ~1}, it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in paragraph ~a} in selling, bartering, furnishing, or giving the alcoholic beverage. ~c} A licensed retailer or municipal liquor store may seize a fo~n of identification listed under paragraph ~a} if the retailer or municipal liquor store has reasonable grounds to believe Copyright ~ 2~Q9 6y the Revisor o#' Statutes, State of Minnesota, All Rights Reserved. 3 M~ESOTA STATUTES 2009 340Ao503 that the form of identification has been altered or falsified or is being used to violate any law, A retailer or municipal liquor store that seizes a form of identification as authorized under this paragraph must deliver it to a law enforcement agency, within 24 hours of seizing it. Subd, 7. ~Repealed,1989 c 351 s ~9~ Historye 1985 c 305 art 7 s 3; 1986 c 330 s 6;1956 c 444;1957 c .152 art 1 s 1;1989 c 301 ,s 13,14; 1990 c 602 art 5 s 2p4; 199.1 c 65 s 1; 1991 c 249 s 20; 1993 c 347 s 21; 1993 c 350 s 13; 1994 c 615 s 21; 1995 c 185 s 7; 1995 c 186 s 67;1996 c 323 s 4; 1996 c 442 s 24; 1 Sp1997 c g s 57;1999 c 202 s 7; 2DOD c 472 s 3; 2DOS c 131 s 7 Copyright ©2x09 by the Revisor of Statutes, State of Minnesota. Ail Rights Reserved.