HomeMy WebLinkAbout8B - Public Hearing Social Host Ordinance
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
PUBLIC HEARING TO CO DER APPROVAL OF AN ORDINANCE
ADOPTING RESPONSIBILITIES FOR HOSTS OF SOCIAL EVENTS
INVOLVING MINORS.
DISCUSSION:
Introduction
The purpose of this agenda item is to request that the City Council conduct a
public hearing to receive input regarding the proposed 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 social
host 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. At the
December 1, 2008 City Council meeting, the Council considered the ordinance
and ultimately directed staff to schedule a public hearing for this evening to
receive public input. In addition, Commissioner Marschall and County Attorney
Ciliberto were to be invited to attend the hearing together with the rest of the
County Board and the Community Safety Advisory Committee.
Current Circumstances
In accordance with City Council direction, Commissioner Marschall and County
Attorney Ciliberto have been invited to attend the hearing. County Attorney
Ciliberto has confirmed he will be there. Commissioner Marschall has a
commitment from 7 - 9 p.m. but will be present at 6 p.m. If the Council would
like the benefit of her input, it may be useful to move this public hearing up on
the agenda. County Sheriff Studnicka has confirmed he will be present. Most, if
not all, of the Community Safety Advisory Committee are expected to be present
as well. Finally, Police Chief O'Rourke will be present to provide input and
answer questions if the Council desires.
According to the attached article in the Albert Lea Tribune, 13 cities have now
adopted a social host ordinance. We are aware that Red Wing, Albert Lee,
Mankato and Chaska have adopted such an ordinance. The provisions of these
ordinances are nearly identical. The City Attorney modeled the proposed Prior
Lake ordinance after the one adopted by these cities.
The ordinance, which is the subject of the public hearing, is attached. The
ordinance provides as follows:
www.cityofpriorlake.com
M\COUNCIL\AGENDA REPORTS\2008\120108 S~t952.44 7.9800 1 Fax 952.447.4245
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
Based upon the input received at the hearing, together with individual Councilor
opinions, the Council should determine whether the ordinance as proposed or
with amendments is appropriate for Prior Lake.
ISSUES:
At the December 1, 2008 meeting the Council asked that the definition of juvenile
be explained. According to Chief O'Rourke, the Federal Juvenile Delinquency
Act defines juvenile delinquency as any act that is otherwise a crime, but is
committed by someone under the age of 18 years of age. The term juvenile is
also synonymous with "child" anyone under the age of 18.
The Council also asked about the reasonable person standard and how it would
be applied here. In assessing and evaluating the propriety of one's behavior,
courts measure against the standard of the reasonable man. According to Chief
O'Rourke, this is not a reflection of how the average person behaves, but is how
the typical person ought to behave in circumstances where there is potential or
actual risk of harm to others. Police officers and the courts apply "reasonable"
on a daily basis.
The Community Safety Task Force and now the Community Safety Advisory
Committee have identified "protecting our kids" as a major issue facing the
community. The ordinance does provide an additional resource to the law
enforcement community to achieve this end. Chaska, the first community to
adopt the ordinance has employed it 11 times - ten of which involved adults
according to the attached article.
M.ICOUNCILIAGENDA REPORTS12008\120108 Social HostDOC
Under the ordinance, Prior Lake officers and Scott County deputies would
enforce the ordinance. The ordinance would be prosecuted by the Scott Joint
Prosecution Association under the direction of the County Attorney.
The City Council could adopt the ordinance alone as other cities have done.
believe that the objective has been to encourage the County (on behalf of
townships) and the cities of Scott County to adopt an identical ordinance to
promote consistency throughout the County.
Although not specifically called out, adoption of the ordinance is consistent with
the Safe and Healthy Community Vision Element in the 2030 Vision and
Strategic Plan.
ALTERNATIVES: 1. Conduct and close the public hearing and adopt the attached ordinance as
proposed or with amendments.
2. Conduct and close the public hearing and take no action at this time or
request staff to provide additional information.
RECOMMENDED As the Council deems appropriate.
MOTION:
M.\COUNCIL\AGENDA REPORTS\2008\120108 Social Host.DOC
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO.108-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 po~session 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\COUNCIL\ORDINANC\2008\Social Host.doc
www.cityofpriorlake.com
Phone 952.447.9800 1 Fax 952.447.4245
803.1203
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 if:
a. The person hosting the event or gathering knows or reasonably 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.
803.1204
803.1205
803.1206
803.1207
803.1208
Police Regulations
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. ~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.
Enforcement. This ordinance can be enforced by any police officer or sheriff's deputy
in the county.
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.
Penalty. Violation of Section 803.1203 is a misdemeanor.
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 15th day of December, 2008.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 20th day of December, 2008.
Albert Lea Tribune I Council approves social-host measure
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Albert Lea Tribune
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Council approves social-host lTIeasure
By Sarah Stultz I Albert Lea Tribune
Published Tuesday, December 9, 2008
Albert Lea adults who knowingly allow three or more teenagers to drink alcohol in their
residences will soon be held criminally responsible because of an ordinance passed Monday
by the Albert Lea City Council.
In what was a 4-3 vote, the council voted to adopt what's being called a "social host"
ordinance around the state and the nation.
Albert Lea becomes the 15th ci:ty in Minnesota to adopt the ordinance.
_. 10
The purpose of it, Albert Lea Police Lt. J.D. Carlson said, is to "discourage underage
possession of drinking and consumption of alcohol, even if done within the confines of a
private residence." This will make it more and more difficult for children under 21 to
consume alcohol.
The ordinance holds people criminally responsible for hosting events where underage
(c) 200R Albert Lea Tribune. All ril!:hts reserved.
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people possess or consume alcohol. The people hosting the event can be held criminally
responsible even if they did not supply the alcohol.
George Marin
The ordinance was compiled by the Albert Lea Police Department after 3rd Ward Councilor
George Marin requested it earlier this spring. Marin has been consistent with bringing it to
the council, though several of the other councilors have expressed concerns with it
throughout the process.
Carlson said in Freeborn County from 2005 through 2007, 30 percent of the people who
were arrested for drunken driving were age 24 and younger.
Currently in Albert Lea, a person can be charged with furnishing alcohol to an underage
person and an underage person can be charged with possession or consumption of alcohol,
he said. But many times when officers arrive at a party where underage people are drinking,
they are unable to determine who provided the alcohol. This ordinance would allow the
officers to charge the person who hosts the party.
The bottom H.np. oUbe ordinance, he said, is to reduce alcohol consumption bv minors.
Alcohol can often be a pjatewav to other problems. .
If someone is found criminally responsible of the violation, they face a penalty of 90 days in
jail and up to $1,000 in fines. The violation is a misdemeanor.
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J.D. Carlson
Carlson explained some scenarios where the ordinance would and would not apply.
For example, he said, imagine he was a parent who had a 16-year-old son. While the parents
were away on vacation, the son had a party with his peers that was unbeknownst to the
parents.
The parents could not be held criminally responsible in this case as they did not know
anything about a party, he said.
Chaska Police Sgt. Rob Stock, who was part of the first depaJ.lment in the state to enact tlre
ordinance, said in his community the ordinance was passed in September of 2007 and
. police have since charged it out 11 times...
Ten of those times have been for adults, and one of those was for a iuvenile. ,The avera?;e
party had probably about 5 or 6 people at it, thou,~h it is hard to tell because teenagers often
scatter when a police car arrive,s.
He said he thinks there's a good chance this ordinance could someday become state law.
"We've had good success with it," Stock said.
Riverland Community College Dean Steve Bowron said he personally supports the
ordinance because he believes underage consumption is a serious problem in the
community.
Albert Lea School Board member Jill Marin said she believes the ordinance will deter
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underage drinking. She knows the ramifications of the issue.
~n ~Tolln~ r~nplp t~kp more risktlh:m nthpl"~. and.1bP}" ~P"P"had thinc;" h~~eu to
others and not themselves. Alcohol is a nrime factor in vin.lencr ::It ::In~.
.
She also talked of acquaintance raDe. whicl1.,~hp said tvnicacJJy hannens whell.::l vi~tim is
passed out or close to that point - most often from alcohol. ,This is a crime that goes
- -
unreported most of the time because the victim doesn't want her parents to know she was
drinking and she may not know how many people were involved.
She asked the council to protect the daughters of the community.
"If it saves one young life from sexual assault, it would have been worth it," she said.
Alice Englin of Freeborn County Partners in Prevention said recent surveys conducted of the
county's high school students indicate that alcohol use by und~ra~e people in the county is
the NO.1 problem in the county, and therefore the NO.1 problem in Albert Lea.
Englin said in the last 30 days, 8 percent of the area's sixth graders have used alcohol. In the
last 30 days, 55 percent of the seniors have done so, and 28 percent have been drinking and
driving within the last 12 months.
The social host ordinance would protect Albert Lea families, she said.
First Ward Councilor Vern Rasmussen pointed out that whether people agree with it or not,
it is against the law for underage people to drink.
And while state statute enables parents to give alcohol to their children, it does not allow
people to let the neighborhood children come over and drink alcohol.
Second Ward Councilor Larry Baker said from the onset, he, too, was kind of skeptical about
the ordinance. But after all the homework he's done on it and the people he's talked to, he
doesn't have any reservations.
Leaders need to not just lead for today, they need to lead for the future, Baker said.
While there were many in support of the ordinance, there were also a few who spoke out
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with differing views.
Albert Lea resident Bob Donovan said for him, the underlying issue behind the ordinance
not only undermines parent's rights, but it also chips away at individual rights as well.
Sixth Ward Councilor Al Brooks said though he does not want to condone a party where
parents are knowingly buying alcohol, he was not going to vote for the ordinance because he
thought it was too vague.
Fourth Ward Councilor Reid Olson said the part that stuck out to him in the ordinance was
the area that defined an event or gathering as three or more people. To him a party means
five or more people.
"I don't think that passing this ordinance is going to be a magic wand that ends all underage
drinking," Olson said. "I don't think this is the cure for Albert Lea's problems necessarily.
Marin said Olson's comments disturbed him.
"Every life matters and we as a community - 1 feel we should be doing what we can to value
those lives," Marin said. It shouldn't matter if there are three or five at a party.
Marin said the ordinance is about being proactive and being leaders.
He said he knows it won't be a magic wand and adolescents will still continue to drink, but
the council is the watchmen now and needs to send that message to every resident.
The council's NO.1 call to duty is saving people's lives, he said.
Albert Lea Mayor Randy Erdman pointed out a paragraph of a letter written by Police Chief
Dwaine Winkels to the council.
"Be assured that I would not bring a proposal to the City Council without thoroughly
investigating the options and conducting public meetings to gather feedback and support,"
Winkels wrote. "I believe this ordinance is a good ordinance. It fills a gap in the current law
and is an added tool for law enforcement. Several progressive communities around the state
have enacted versions of this proposal."
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During the vote Rasmussen, Baker, Marin and Erdman voted in favor of the ordinance, and
Olson, Severtson and Brooks voted against it.
Upon the passage of the ordinance, several in the audience clapped.
It goes into effect in 30 days.
Look to the Tribune Wednesday for more about the Monday council meeting.
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