ORD 09-10'J1
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The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Chapter G, Article III of the Ellr, Rivet City Code of ordinances
shall be amended to add as follows:
Sec. 6-138. Social Host
(a) Purpose 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 Nears 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 of 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 consul- nption, such
as alcohol overdose or alcohol. - related traffic collisions.
(3) Alcohol is an addictive drug which, if used irresponsibleT, 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
tii�nes when the patent(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
crit n..e, it is difficult to prove, and an ordinance is necessary to help further
combat underage consumption.
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(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) D fnitions. For purposes of this Section, the following terms have the following
meanings-.
(1) "Alcohol" fneans ethyl alcohol, hydrated oxide of ethyl, or spirits of
ovine, 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, ovine, b eer, 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 of when diluted, mimed, of combined with
other substances.
(3) "Event or gathering" means any group of three or snore persons who
have assembled or gathered together for a social occasion or other activity.
(4) "Host" means to aid, conduct, sponsor, allow, entertain, organi7 e,
supervise, control, or p erg nit a gathering of 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 "prefnises" 1-neans any location, including a home, yard,
farm, field, land, apartment, condoMM* ium, hotel of motel ioorn, of other
dwelling unit, or a hall or meeting room, park, or any other place of
assembly, public or private, whether occupied on a temporary of 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.
SAOrdinances\Draft Social Ilost LDOC
(c) Pn obibited 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 or alcoholic beverage; or
b. possess any alcohol or alcoholic beverage with the intent to
consume it; and
C. the person fails to tale 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 die 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. 5340A.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 b3T any police officer or sheriff's
deputy in the county.
(� Severabiliy. If any subsection, sentence, clause, please, 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 retraining portions shall continue in full force and effect.
(g) Penalty. Violation of subsection (c)(1) is a misdemeanor.
S:\ Ordinances /Draft Social Host LDOC
Section Z. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the City of Ells Diver this 9t11 day of
November, 2009.
ATTEST:
Tina Allard, City Clerk
Step . anie Klinzing, ayoe
S :\Or&nances\Draft Social Host I DOC
1 RESOLUTION 09-68
A RE,�OLUTION OF THE
CI OF ELH BIVER
A RESOLUTION
APPROVING NOTICE OF
SUAfldARY 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 Coun-
cil 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, prohib-
ited acts; exemptions, enforce-
ment, severability, and penalty;
and _
WHEREAS, a copy of the full
text of this ordinance is avail-
able by standard or el6ctronic
mail or for inspection at the
office of the Elk River City
Clerk, 13065 Orono Parkway,
during regular business hours,
'n0 a.m. to 4:30 p.m.' Monday
ough Friday; and
NOW, .THEREFORE, BE IT
RESOLVED, that the City
Council, by at least four -fifths
vote, authorizes the publica-
tion of the title and summary of
ordinance 09 -10 and that ordi-
nance 0910 shall become .effec-
tive upon publication of this
resolution.
Passed and adopted this 21st
day of December 2009.
Stephanie Klinzing,
Mayor
Tina Allard,
City Clerk
(D26) -
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA SS
COUNTY OF SHERBURNE )
Heidi Quanrud, being duly sworn on oath says that she is the office manager of the
Newspaper known as the Star News, and has full knowledge of the facts which are stated
below:
(A) The Newspaper has complied with all of the requirements constituting qualifications
as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other
applicable laws, as ammended.
(B) The printed PUBLIC NOTICE: RESOLUTION 09 -68, which is attached was cut
from the columns of said newspaper and was printed and published once a week for one
week; it was first published on Saturday, the 26th day of December, 2009, and was therefore
printed and published on every Saturday to and including Saturday, the 26th day of
December, 2009, and printed below is a copy of the lower case alphabet from A to Z, both
inclusive, which is hereby acknowledged as being the size and kind of type used in the
composition and publication of the notice
abcdefghijklmnopgrstuvwxyz
Ll"" &'o-'k
Office Manager
Subscribed and sworn to before me on
this 26th day of December, 2009 CINDY M. SCHIMINSKI
NOTARY PUBLIC
MINNESOTA
'�+,It, My COMM1111on Expires Jon, 81, 2010
Notary Public
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable space
(2) Maximum rate allowed by law for the
above matter
(3) Rate actually charged for the above
matter
$ 21.00
(line, word or inch rate)
$ 15.50
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$ 15.00
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