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HomeMy WebLinkAbout6.m. Ordinance Amending City Code Title 7: Social HostsAGENDA ITEM: Ordinance Amending City Code Title 7: Social Hosts AGENDA SECTION: Consent PREPARED BY: Gary Kalstabakken, Chief of Police Jewel Ericson, Lieutenant AGENDA NO. 6101. ATTACHMENTS: Ordinance Draft APPROVED BY: Cai RECOMMENDED ACTION: Motion to approve an ordinance amending Title 7 by adding Chapter 9 of the Rosemount City Code concerning Social Hosts. ROSEMOUNT CITY COUNCIL City Council Meeting: December 16, 2008 EXECUTIVE SUMMARY ISSUE The City Council has consistently adopted City Code revisions and policies that address the abuse and illegal use of alcoholic beverages within the community. Drinking by under age persons does occur within the community and enforcement efforts are limited because of the difficulty of proving the source of the alcohol being consumed illegally. A Social Host ordinance will provide another means to address this issue. BACKGROUND The Social Host ordinance makes it a criminal offense to host or allow a gathering when alcohol is present and under age persons are present and consume or possess the alcohol. The host is expected to take reasonable steps to prevent the possession or consumption by under age persons. This Code amendment was presented to the City Council at the Council Meeting held on December 2, 2008. Since the meeting, the local media has publicized the intent of the City to adopt this ordinance. There have not been any calls or other communication received from the residents regarding this ordinance following the Council Meeting. RECOMMENDATION Council is requested to adopt the City Code amendment and it will become effective upon its publication in the City's official newspaper. CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. AN .ORDINANCE AMENDING TITLE 7 OF THE ROSEMOUNT CITY CODE CONCERNING SOCIAL HOSTS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS: Section 1. Title 7 of the Rosemount City Code is amended by adding Chapter 9 to read: CHAPTER 9 SOCIAL HOSTS 7 -9 -1: PURPOSE AND FINDINGS: The 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 City Council finds: A. Events and gatherings held on private or public property where alcohol is possessed 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. B. 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. C. Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parents are present and, condone the activity, and in some circumstances provide the alcohol. D. 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. E. A deterrent effect will be created by holding a person criminally responsible for hosting an event or gathering where underage possession or consumption occurs. 7 -9 -2: DEFINITIONS: For purposes of this chapter, the following terms have the following meanings: ALCOHOL: 137056v02 1 RNK:r04 /04/2008 "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. ALCOHOLIC BEVERAGE: EVENT OR GATHERING: HOST OR ALLOW: PARENT: PERSON: "Residence," "premises," or "public or private property" means any 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, 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. UNDERAGE PERSON: "Underage person" is any individual under twenty -one (21) years of age. RESIDENCE, PREMISES OR PUBLIC OR PRIVATE PROPERTY: 7 -9 -3: PROHIBITED ACTS. A. It is unlawful for any person(s) to: 137056v02 2 RNK:r04 /04/2008 "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid that contains alcohol, spirits, wine, or beer, and that contains one -half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "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" or "allow" means to aid, conduct, entertain, organize, supervise, control, or permit a gathering or event. "Parent" means any person having legal custody of a juvenile: (1) As natural, adoptive parent, or step parent; (2) As a legal guardian; or (3) As a person to whom legal custody has been given by order of the court. "Person" means any individual, partnership, co- partnership, corporation, or any association of one or more individuals A person does not include any city, county, or state agency. host or allow an event or gathering at any residence, premises, or on any other private or public property where alcohol or alcoholic beverages are present when the person knows that an underage person will or does (i) consume any alcohol or alcoholic beverage; or (ii) 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 person(s). B. A person is criminally responsible for violating 7 -9 -3A above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. C. A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible. 7 -9 -4: EXCEPTIONS. A. This chapter does not apply to conduct solely between an underage person and his or her parents while present in the parent's household. B. This chapter does not apply to legally protected religious observances. C. This chapter 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). D. This chapter 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. Penalty Violation of 7 -9 -3 is a misdemeanor. Section 2. Effective Date. This ordinance shall be effective upon passage and publication in accordance with law. Adopted this day of 2008, by the City Council of the City of Rosemount, Minnesota. A'1"1'EST: 137056v02 3 RNK:r04 /04/2008 William H. Droste, Mayor Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of 2008. AGENDA ITEM: Receive Donation D.A.R.E. Fund AGENDA SECTION: Consent PREPARED BY: Gary Kalstabakken, Chief of Police lik or AGENDA NO. 6 11. ATTACHMENTS: Worksheet APPROVED BY: ©b-) RECOMMENDED ACTION: Motion to accept a donation in the amount of $2500 to the D.A.R.E. Fund from SKB Trust Fund. 4 ROSEMOUNT CITY COUNCIL City Council Meeting: December 16, 2008 EXECUTIVE SUMMARY The Police Department has received $2500 as a donation to the D.A.R.E. Fund. This donation was received from the SKB Trust Fund after a request was submitted. These funds are used to provide the classroom workbooks and other supplies as well as tee shirts and other incentives for the students who complete D.A.R.E. Council is only being asked to accept the donation at this time. Any expenditure from the Fund will be brought to the Council for approval at a future meeting. RECEIPT OF DONATION Donation Received On: December 16, 2008 Amount Received: $2500 Purpose of Donation: DARE Supplies Account for Donation: 101 22222 DONATION REVENUE WORKSHEET (Must be Liability Assigned for Each Individual Department) EXPENDITURE OF DONATION Amount to be Spent: $0.00 To be Spent from Account #:101 42110 01 208.02 (Must be Expenditure Corresponding to Individual Department) Purpose of Expenditure: AMENDMENT OF BUDGETS Amend Donation Revenue Account #101 36230.00: $0.00 Amend Expenditure Account #101 -22222 $0.00 (The Two Dollar Amounts Must be the Same) GENERAL JOURNAL ENTRY TO ADJUST DONATION LIABILITY Debit: #101 -22222 (Donation Liability 0.00 Credit:101- 36230.00 0.00 Journal entry to reduce deferred donation revenue account and increase donation revenue account to actual per City Council action on: December 16, 2008