9.g) Staff Report-Social Host Ordinance � !� �
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SCANDIA
Staff Report
Date of Meeting: September 17, 2013
To: City Council
From: Kristina Handt, Administrator
Re: Social Host Ordinance
Agenda Item #: 9.g)
Background:
At the September 10`h work session the Council heard a presentation from Rose Hauge, a
CONNECT member and reviewed sample social host ordinances.
The Council directed staff to place the approval of the draft social host ordinance on the next
Council agenda.
Issue:
Should the City of Scandia adopt a Social Host Ordinance?
Proposal Details:
A social host ordinance makes it unlawful to provide an environment where underage drinking
takes place, regardless of who provided the alcohol. It addresses how a typical person ought to
behave when there is potential harm to those under the legal age to drink. As a misdemeanor, any
host found criminally responsible for violating a social host ordinance will face a penalty of time
in jail and/or up to $1,000 in fines.
Included in your packet is the draft ordinance reviewed and discussed at the work session
meeting. It is similar to the one adopted by the City of Woodbury.
Fiscal Impact:
Minimal. Staff does not anticipate a great increase in prosecution services after adoption of this
ordinance. For example, Forest Lake has issued 6 citations since adopting the ordinance three
years ago. However the Social Host Ordinance provides another tool in the tool box for the City
Prosecutor to use when necessary.
If grant funding is available, City staff will work with the County Public Health Department and
CONNECT Group to provide flyers similar to the one included in your packet for the Stillwater
area.
Options:
1) Approve Ord.No. 144 Social Host Ordinance
2) Amend and then Approve Ord.No. 144 Social Host Ordinance
3) Do not approve a Social Host Ordinance
Recommendation:
Option 1.
CITY OF SCANDIA
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 09-17-13-06
A RESOLUTION OF THE CITY OF SCANDIA,WASHINGTON COUNTY,
MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE
NO. 144,AN ORDINANCE ESTABLISHING A SOCIAL HOST ORDINANCE
WHEREAS, On September 17, 2013, at a Regular Meeting of the Scandia City Council, by
majority vote, the City Council adopted Ordinance No. 144 which adopts a Social Host Ordinance
which makes it unlawful for a person to host or allow a gathering or an event at any residence or
premises where alcohol or alcoholic beverages are present when the person knows or should reasonably
know that an underage person will or does consume any alcohol or alcoholic beverage or possess any
alcohol or alcoholic beverage with the intent to consume it and the person fails or has failed to take
reasonable steps to prevent possession or consumption by the underage person(s) ; and
WHEREAS, State law requires that all ordinances adopted be published prior to becoming
effective; and
WHEREAS, the City Council for the City of Scandia has determined that publication of the title
and a suminary of Ordinance No. 144 would clearly inform the public of the intent and effect of the
Ordinance; and
WHEREAS, the City Council for the City of Scandia has reviewed the summary of Ordinance
No. 144 attached and incorporated herein as Exhibit A; and
WHEREAS, the City Council for the City of Scandia has deterniined that the text of the
summary clearly informs the public of the intent and effect of Ordinance No. 144.
NOW THEREFORE BE IT RESOLVED,the City Council for the City of Scandia hereby:
1. Approves the text of the summary of Ordinance No. 144 attached as Exhibit A.
2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 144 in all public
locations designated by the City Council.
3. Directs the City Clerk to publish the summary in the City's legal newspaper within ten
days.
4. Directs the City Clerk to file the executed Ordinance upon the books and records of the
City along with proof of publication.
Dated this 17`}'Day of September,2013.
, Randall Simonson,Mayor
ATTEST:
Kristina Handt, City Administrator
Exhibit A
Ordinance Summarv
Ordinance No. 144
ORDINANCE N0. 144,AN ORDINANCE ESTABLISHING A SOCIAL HOST
ORDINANCE
On September 17, 2013, the City of Scandia adopted Ordinance No. 144, an ordinance establishing
a social host ordinance which makes it unlawful for a person to host or allow a gathering or an event
at any residence or premises where alcohol or alcoholic beverages are present when the person
knows or should reasonably know that an underage person will or does consume any alcohol or
alcoholic beverage or possess any alcohol or alcoholic beverage with the intent to consume it and
the person fails or has failed to take reasonable steps to prevent possession or consumption by the
underage person(s).
A printed copy of the Ordinance is available for inspection by any person during regular office
hours at City Hall or by standard or electronic mail.
CITY OF SCANDIA
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO.: 144
AN ORDINANCE ESTABLISHING A SOCIAL HOST ORDINANCE
The City Council of the City of Scandia, Washington County, Minnesota hereby
ordains:
Section 1. PURPOSE. The Scandia 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 twenty-one (21) years of age possess or consume alcohol
regardless of whether the person hosting the event or gathering supplied the alcohol.
Section 2. FINDINGS. The Scandia City Council finds that:
A. Alcohol is an addictive drug which, if used irresponsibly, could have
adverse effects on those who use it as well as those who are affected by
the actions of an irresponsible user.
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 accidents.
C. Events and gatherings held on private or public property where alcohol is
possessed or consumed by persons under the age of twenty-one (21)may
be harmful to those persons and constitute a potential threat to public
health.
D. Events and gatherings involving underage possession and consumption of
alcohol frequently occur outside the presence of parents or legal
guardians. There are times, however, when a parent, guardian or other
responsible person is present thereby condoning the activity and, at times,
provides the alcohol to persons under the age of twenty-one (21).
E. Even though giving or furnishing alcohol to a person under the age of
twenty-one (21) is a crime, it is difficult to prove, and an ordinance is
necessary as another tool to help further combat underage possession and
consumption of alcohol.
F. Holding a person criminally responsible for hosting an event or gathering
where underage possession or consumption of alcohol occurs will serve as
a deterrent.
Section 3. DEFINITIONS. For the purpose of this section, the following terms are
defined as:
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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 means alcohol, spirits, liquor,wine, beer, and every liyuid or
solid containing alcohol, spirits,wine, or beer, and which contains one-half(1/2)of one
percent or more of alcohol by volume and which is fit for beverage purposes either along
or when diluted, mixed, or combined with other substances.
Event or gathering means a group of three (3)or more persons who have
assembled or gathered together for a social occasion or other activity.
Host means to aid, conduct, allow, entertain organize, supervise, control, or
permit an event or gathering regardless of whether or not the host is present. "
Parent means a person having the following relationship with a person under the
age of twenty-one (21):
a) A natural parent, adoptive parent, or step-parent
b) A legal guardian; or
c) A person to whom legal custody has been given by order of a court.
Person means an individual, partnership, co-partnership, corporation, or an
association of one or more individuals. Person does not include a city, county or state
agency.
Reasonable steps means steps taken by a person hosting an event or gathering in
order to prevent underage possession or consumption of alcohol or alcoholic beverages.
Reasonable steps may include, but are not limited to:
a) Controlling access to alcohol or alcoholic beverages in such a manner
that no underage person has access to the alcohol or alcoholic
beverages at the gathering or event;
b) Directly supervising the activities of underage persons at the gathering
or event either in person or through a responsible adult;
c) Checking the identification of the attendees of the event or gathering
in order to determine age; and
d) Other actions taken by a person hosting an event or gathering in order
to prevent underage possession or consumption of alcohol or alcoholic
beverages.
Residence or premises means any location, including a home, yard, farm, field,
land, apartment, condominium, hotel 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 our without
permission or compensation.
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Underage person means an individual under twenty-one (21)years of age.
Section 4. PROHIBITED ACTS.
A. It is unlawful for a person to:
1. Host or allow a gathering or an event;
2. At any residence or premises;
3. Where alcohol or alcoholic beverages are present;
4. When the person knows or should reasonably 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 or has failed to take reasonable steps to
prevent possession or consumption by the underage
person (s).
B. A person is criminally responsible for violating Section 4.A. of this
Section if the person intentionally aids, advises, hires, counsels, or
conspires with or otherwise procures another to committee 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.
Section 5. Exceptions. This section shall not apply to:
A. Conduct solely between an underage person who consumes alcohol in the
presence of and with the permission of his or her parent in the parent's
house.
B. Legally protected religious observances.
C. Retail intoxicating liyuor or 3.2 percent malt liquor licensees, municipal
liquor stores, or bottle club permit holders who are regulated under
Minnesota Statutes Section 340A.503, subdivision 1(a)(1).
D. Situations where underage persons are lawfully in possession of alcohol or
alcoholic beverages during the course and scope of employment.
Section 6. 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.
Section 7. Penalty. Any person who violates this section shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punishable by a fine,
imprisonment or both.
Section 8. Effective Date. This Ordinance shall take effect upon adoption and
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,
summary publication which shall read as follows:
Ordinance No. 144 adopted by the Scandia City Council establishes a Social Host
Ordinance.
A copy of the full ordinance is available for review at City Hall.
Passed and adopted by the City Council of the City of Scandia, Washington County,
Minnesota this_th day of , 2013.
ATTEST:
Randall Simonson, Mayor
Kristina Handt, City Administrator
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