DATE TO: FROM: SUBJECT: INTRODUCTION: BACKGROUND: ATTACHED: RECOMMENDATION:

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1 DATE: December 3, 2013 TO: FROM: SUBJECT: Mayor, Council, City Administrator and Chief of Police Mike Aschenbrener, Chief of Police / Emergency Manager Social Host Ordinance INTRODUCTION: At the 2013 City Council goal setting workshop several issues were identified, one of which was the consideration of establishing a social host ordinance. This issue rose to the forefront as a quality of life issue when in 2012 several problem properties persisted over the course of the summer. This ordinance would be an option for the City to deal with problem properties and protect its residents from the problems related to underage consumption of alcohol. BACKGROUND: In 2006 there were no Social Host Ordinances in the State of Minnesota. This changed very quickly after some high profile deaths of young people in Minnesota. Attached is a document from MADD Minnesota outlining what a Social Host Ordinance is and what it is not. The basic premise of the ordinance is the City can hold a person responsible for the actions going on their property when alcohol is involved. Social Host ordinances were reviewed from Chaska, Lakeville, South St Paul and Dakota County. The League of Minnesota Cities provide more information with its research paper Alcohol in the City: Liability and Insurance Issues written in December of 2010 and MADD MN provided a sample ordinance. More information on underage drinking can be found at: Attached is Ordinance No. 455 which has only minor deviations from the neighboring Dakota County cities and Dakota County s ordinance. ATTACHED: MADD MN What a Social Host Ordinance Is: document Ordinance No. 455 Social Host RECOMMENDATION: If Council desires to implement the recommendation, pass a motion adopting Ordinance No. 455 REGULATING SOCIAL HOST. Staff is also recommending that the council approve the publication of a summary ordinance for this item. If council desires to authorize the publication of a summary ordinance, a motion to this effect would be necessary and a 4/5 th vote is required. 1

2 What a Social Host Ordinance IS: Updated March 6, 2013 Is different from State laws that prohibit adults from providing alcohol to minors. Makes it unlawful to provide an environment where underage drinking takes place. Can be successful in reducing the number of underage drinking parties. Have found that it s predominantly 22 or 23 years olds who are hosting these parties. Considers a family member of the property owner who is at the event a host, regardless of their age. Includes a tenant of a rented apartment, townhome, home or other dwelling, when they provide an environment where underage drinking takes place. Excludes landlords and property owners while they are away from the property, provided they were unaware that illegal alcohol consumption was going to occur on their property. Is a misdemeanor offense with a maximum penalty of 90 days in jail and a $1,000 fine. A city ordinance is only enforceable within that city. A county ordinance is only enforceable within the unincorporated areas of the county. What a Social Host Ordinance ISN T: Doesn t change any other State Laws. Isn t the same as State laws that prohibit adults from providing alcohol to minors. An ordinance violation alone will not result in a property owner losing their property. A city ordinance is not enforceable outside city limits, unless the county also adopts an ordinance. A county ordinance is not enforceable within a city, unless the city also adopts an ordinance. Doesn t include landlords and property owners while they are away from the property, provided they were unaware that illegal alcohol consumption was going to occur on their property. Parents cannot be charged under a social host ordinance if in their presence they allow their own child to consume alcohol in their residence. (As of 3/6/13): Minnesota cities with social host ordinances: [97] Aitkin, Albert Lea, Anoka, Apple Valley, Austin, Baxter, Bayport, Bellechester, Belle Plaine, Blooming Prairie, Bloomington, Brainerd, Breckenridge, Breezy Point, Brooklyn Park, Cambridge, Canby, Cannon Falls, Clarkfield, Chaska, Cloquet, Comfrey, Cottage Grove, Crookston, Crosslake, Crystal, Deer River, Dennison, Duluth, Echo, Elko/New Market, Elk River, Fairfax, Falcon Heights, Faribault, Fergus Falls, Forest Lake, Glencoe, Golden Valley, Goodhue, Goodview, Grand Marais, Granite Falls, Henning, Hibbing, Hopkins, Isanti, Jordan, Kenyon, Lake City, Lakeville, Mankato, Maple Grove, Minneapolis, Minnetonka, Moorhead, Mora, New Hope, New London, New Prague, New Ulm, Northfield, Oak Park Heights, Olivia, Osseo, Otsego, Owatonna, Pine River, Plymouth, Princeton, Prior Lake, Ramsey, Redwood Falls, Red Wing, Rosemount, Roseville, Savage, Shakopee, Shorewood, Sleepy Eye, South St. Paul, Spicer, Springfield, St. Cloud, St. Paul, St. Paul Park, Stillwater, Verndale, Wadena, Walker, Waseca, West St. Paul, Willmar, Winona, Woodbury, and Zumbrota. Minnesota counties with social host ordinances: [22] Blue Earth, Cass, Chisago, Cook, Dakota, Freeborn, Goodhue, Hubbard, Isanti, Itasca, Jackson, Kanabec, Kandiyohi, Mower, Otter Tail, Renville, Rice, Scott, Sherburne, Wilkin, Wright, Yellow Medicine What a SHO IS and ISN T.doc 2

3 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 455 AN ORDINANCE AMENDING TITLE _ POLICE REGULATIONS OF THE CITY CODE REGARDING SOCIAL HOSTS The City Council of the City of Mendota Heights, Minnesota does ordain: SECTION 1. Mendota Heights City Code Title 4 is amended by adding Chapter 6. Social Host as follows: SECTION: 4-6-1: Purpose and Findings 4-6-2: Definitions 4-6-3: Prohibited Acts 4-6-4: Penalty 4-6-1: 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 supplies the alcohol. The City Council finds: (1) 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. (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 or alcoholrelated 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) Often, 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 unrelated underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption. (6) A deterrent will be created by holding a person criminally responsible for hosting an event or gathering where underage possession or consumption of alcohol occurs. Ordinance 455 Page 1

4 4-6-2: DEFINITIONS: The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. 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 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 means any group of three or more persons who have assembled or gather 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, such as a natural, adoptive parent, or stepparent, as a legal guardian; or 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. 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 means any individual under twenty-one years of age : PROHIBITED ACTS: (1) It is unlawful for any person(s) to 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 or reasonably should 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 the person fails to take reasonable steps to prevent possession or consumption by the underage person(s). (2) A person is criminally responsible for violating this Section if the person intentionally aids, advises, hires, counsels, or conspires with another to commit the prohibited act. Ordinance 455 Page 2

5 (3) A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible for a violation of this Section. (d) Exceptions. This section does not apply to the following persons or situations: (1) Conduct solely between an underage person and his or her parents while present in the parent s household. (2) Legally protected religious observances. (3) Licensed retail sellers of intoxicating liquor or 3.2 percent malt liquor licenses, municipal liquor stores, or bottle club permit holders who are regulated by Minnesota Statutes 340A. (4) A landlord, mortgagee, hotel or motel owner or operator who has not actually participated in knowingly furnishing alcohol for an event or gathering. (5) Medical procedures or treatment authorized by a physician. (6) Law enforcement activities supervised by a law enforcement agency. (7) When underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment : PENALTY: (1) A. Violation; Penalties: Violation of a provision of this code is a misdemeanor and, upon conviction thereof, a person may be punished by a fine of not more than one thousand dollars ($1,000.00), or such other amount set by law, or imprisonment for a term not to exceed ninety (90) days, or such other term set by law, or both. Each act of violation and each day on which a violation occurs or continues is a separate violation. SECTION 2. Effective Date. This ordinance shall be in force upon its adoption and publication. Adopted and ordained into an Ordinance this 3 rd day of December, CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST Sandra Krebsbach, Mayor Lorri Smith, City Clerk Ordinance 455 Page 3

6 SUMMARY PUBLICATION CITY OF MENDOTA HEIGHTS ORDINANCE NO. 455 SOCIAL HOSTS The City Council of the City of Mendota Heights, MN ordains: The City of Mendota Heights Code of Ordinances, Title 4, is hereby amended by adding Section 6, regarding Social Hosts as it pertains to the possession and consumption of alcohol by underage persons. People are prohibited from hosting an event or gathering where they know or should reasonably know that underage persons will be at and possessing or consuming alcohol. The complete text of Ordinance 455 may be obtained at City Hall or from the City s website at Adopted/ordained this third day of December, CITY COUNCIL OF MENDOTA HEIGHTS /s/sandra Krebsbach, Mayor Attest: /s/ Lorri Smith, City Clerk Ordinance 455 Page 4