HomeMy WebLinkAbout9.c. Amending City Code Title 7 : Social HostsAGENDA ITEM: Ordinance Amending City Code Title 7:
Social Hosts
AGENDA SECTION:
New Business
PREPARED BY: Gary Kalstabakken, Chief of Police
Jewel Ericson, Lieutenant
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AGENDA NO. CI e,
ATTACHMENTS: Ordinance Draft
APPROVED BY:
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RECOMMENDED ACTION: First Reading Discussion Item
4 ROSEMOUNT
CITY COUNCIL
City Council Meeting: December 2, 2008
EXECUTIVE SUMMARY
ISSUE
The prevention of under age drinking of alcohol is important to the community. However, holding
persons who hold juvenile drinking parties accountable has been difficult to do because the most common
offense pursued is the crime of providing the alcohol to the under age persons. It is often difficult to
prove who provided the alcohol and often times it is possible that the alcohol was not provided by the
homeowner or renter where the party is being held.
BACKGROUND
In recent years, cities have taken another approach to address this issue by adopting a Social Hosts
Ordinance. This 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.
The City of Chaska was the first city to adopt this type of ordinance. Other cities, including Lakeville and
Apple Valley, have adopted ordinances that are modeled after the Chaska version.
Lieutenant Jewel Ericson will be present to provide Council with additional background on the experience
that cities have had once the ordinance has been adopted.
This issue was previously discussed with Council at a Work Session in November. It is the first reading at
a Council Meeting of the proposed addition to the City Code.
ALCOHOL:
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 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.
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:
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"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:
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"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.
ATTEST:
William H. Droste, Mayor
Amy Domeier, City Clerk
Published in the Rosemount Town Pages this day of 2008.
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