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HomeMy WebLinkAbout10A - Social Host Ordinance Amendment MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CONSIDER APPROVAL OF AN ORDINANCE ADOPTING RESPONSIBILITIES FOR HOSTS OF SOCIAL EVENTS INVOLVING MINORS. Introduction The purpose of this agenda item is to request that the City Council approve a social host ordinance. Historv At its December 17, 2007, meeting the City Council directed that the Community Safety Task Force consider the appropriateness of adopting a social host ordinance. In their final report, the Task Force included adoption of the ordinance as one of their priorities. The Task Force has now become the Community Safety Advisory Committee. Approved among the Committee's eight objectives for 2008-2009 is the adoption of a social host ordinance. Current Circumstances The Minnesota cities of Chaska, Apple Valley and Mankato have adopted virtually identical social host ordinances. The City Attorney modeled the proposed Prior Lake ordinance after the one adopted by these cities. Generally speaking, the ordinances call for the following: 1. The purpose of the ordinance is to discourage underage possession and consumption of alcohol even within a private residence. It holds adults responsible, criminally, if they host events where minors possess or consume alcohol regardless of whether the person hosting the event supplied the alcohol. 2. The ordinance prohibits any person from hosting or allowing an event or gathering to take place at a residence, premise, or any other public or private property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does consume or possess alcohol or alcoholic beverages and the person fails to take reasonable steps to prevent possession or consumption by the underage person. 3. A person is criminally responsible for violating the ordinance if they intentionally aid, advise, hire, counsel, conspire or otherwise procure another to commit the act. 4. A person holding the event does not have to be present to be criminally responsible. 5. The ordinance identifies exceptions. 6. Violation of the ordinance is a misdemeanor. Conclusion M:\CQUNCILIAGENDA REPORTS\2008\120108 9:.?ooMt~~.44 7.9800 / Fax 952.447.4245 www.cityofpnorlake.com The Community Safety Advisory Committee has recommended that the City Council adopt a social host ordinance. The Council should determine whether the ordinance as proposed is appropriate for Prior Lake. ISSUES: The City Council should be aware of some of the ordinance provisions. For example, an adult does not have to purchase the alcohol for the underage persons to violate the ordinance. If the adult hosts the event, and knows or reasonably should have known that minors will be present and those minors will possess or consume alcohol, then the adult has violated the ordinance. A minor can be prosecuted under the ordinance as well for allowing underage friends to consume alcohol in their parent's home even though they do not drink themselves. The phrase "reasonably should have known" is a legal standard the finder of fact determines in light of the circumstances present. "Reasonableness" is determined based on what a reasonable person in our geographic area would do under the circumstances. The facts and circumstances in a particular situation will be a determination in judging whether the person is convicted of violating the ordinance. Prior Lake police officers are held responsible for enforcement of the ordinance. To be effective, we should consider encouraging other cities and the County to adopt identical provisions. County Attorney Pat Ciliberto stated that he would like to have SCALE support the adoption of this ordinance by all cities in Scott County. This will discourage the relocation of parties or gatherings from Prior Lake to cities that do not have such an ordinance. The adoption of this ordinance is consistent with the new safe and healthy community Vision Element in the 2030 Vision and Strategic Plan. ALTERNATIVES: 1. Adopt the attached ordinance as proposed or with amendments. 2. Take no action at this time and request additional information from the staff. RECOMMENDED Alternative #1. MOTION: MICOUNCILIAGENDA REPORTS12008\120108 Social HostDOC 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO.1 08-XX AN ORDINANCE CREATING SUBSECTION 803.1200 OF THE PRIOR LAKE CITY CODE RELATING TO THE LIABILITY OF SOCIAL HOSTS FOR PERMITTING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES BY PERSONS UNDER THE AGE OF TWENTY-ONE 803.1200 PURPOSE. The Prior Lake City Council desires to protect the health, safety and welfare of all persons living in and visiting the City. The use of alcohol by persons under the age of twenty-one (21) is prohibited by State statute. This ordinance prohibits, and establishes penalties for, any person hosting an event or gathering where alcohol is present and being possessed or consumed by persons under twenty- one (21) years of age. 803.1201 Declaration of Policy. The Prior Lake 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 the age of twenty-one possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The Prior Lake 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 constitute a 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, loud, lewd and lascivious behavior that disrupts the use and enjoyment of real property 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. 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. 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. 803.1202 Definitions. As used in this Section, the terms defined in this Subsection shall have the following meanings: ..;;( Alcohol. "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. M:\COUNCILIORDINANC\2008ISocial Host.doc www.cityofpnorlake.com Phone 952.447.9800 / Fax 952.447.4245 803.1203 803.1204 Police Regulations ..;;( Alcoholic beverage. "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. ..;;( Event or gathering. "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. "Host" means to aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event. ..;;( Parent. "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. "Person" means any individual, partnership, co-partnership, corporation, or any association of one or more individuals. ..;;( Residence or Premises. "Residence" or "premises" 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, 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. ..;;( Underage Person. "Underage person" is any individual under twenty-one (21) years of age. Prohibited Acts. 1. It shall be unlawful for any person(s) to host an event or gathering at any residence, premise or public or private property where alcoholic beverages are present and underage persons may also be present where if: a. The person hosting the event or gathering knows or reasonable should know that the underage person(s) mayor does consume alcohol or an alcoholic beverage; b. Possesses alcohol or an alcoholic beverage with the intent to consume it; and c. The person fails to take reasonable steps to prevent the possession or consumption by the underage person(s). 2. A person is criminally responsible for violating Subsection(a) above if the person intentionally aids, advises, hires, counsels, or conspires 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. Exceptions. Police Regulations 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. 803.1205 Enforcement. This ordinance can be enforced by any police officer or sheriff's deputy in the county. 803.1206 Severability. If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance 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. 803.1207 Penalty. Violation of Subdivision 4 is a misdemeanor. 803.1208 Effective Date. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 1 st day of December, 2008. ATTEST: City Manager Mayor Published in the Prior Lake American on the 6th day of December, 2008.