HomeMy WebLinkAbout13.B.1. Social Host Ordinance-Ord. No. 823
CITY OF SHAKO PEE I 3.9. I.
POLICE DEPARTMENT
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jeff Tate, Chief of Police/Emergency Management Director
SUBJECT: Social Host Ordinance
DATE: July 15, 2009
INTRODUCTION:
In a continuous effort to enhance the safety of Shakopee, the police department is
proposing the adoption of a Social Host Ordinance. The City Council is asked to consider
the adoption of a Social Host Ordinance, holding persons responsible, criminally, for
hosting events where minors possess or consume alcohol.
BACKGROUND:
Current law makes it illegal for an individual to furnish alcohol to a minor. Current laws
also prohibit the possession and consumption of alcohol by a minor. Often times, when
law enforcement arrives at a party where there is underage drinking, it becomes
extremely difficult to prove who provIded the alcohol to the minors. The proposed Social
Host Ordinance is intended to address a loophole that currently exists by holding
individuals responsible for providing a venue for underage drinking.
Presently, the cities of Jordan, Prior Lake and Savage, as well as Scott County, have
adopted a Social Host Ordinance. New Prague is in the final reading or the ordinance,
having strong support, and will have their final vote on July 20, 2009. This ordinance is
an important tool in addressing underage consumption in Shakopee. Thirty percent of the
county attorney's office juvenile case loads involve alcohol or drugs. Violation of this
proposed ordinance is a Misdemeanor.
Along with closing a loophole in the system, the proposed Social Host Ordinance
preserves the right of a parent to allow their underage child to consume alcohol in their
home while they are present. Furthermore, the proposed Social Host Ordinance does not
consider a homeowner or property owner who is unaware of illegal alcohol consumption
while they are away from their residence as a Social Host.
A Social Host Ordinance does not change the fact that individuals can be held criminally
and civilly liable for furnishing alcohol to a minor when it contributes to damage, injury
or death. The city's attorney has reviewed the proposed Social Host Ordinance, which is
attached. I have also included additional attachments pertaining to the Social Host
Ordinance.
VISIONING RELATIONSHIP:
This action supports:
Goal A - Active and healthy community.
Strategy 6: Provide high quality services.
ALTERNATIVES:
1) Approve adoption of the Social Host Ordinance.
2) Do not adopt the Social Host Ordinance.
3) Table and provide staff with direction.
RECOMMENDATION:
Staff recommends approval of ordinance number 823, Fourth Series, an ordinance of the
City of Shako pee, MN, amending chapter 10 of the City Code by adding new section
10.81 relating to Social Host.
ACTION REQUESTED:
The City Council, if they concur, should offer ordinance 823, Fourth Series, An
Ordinance of the City of Shakopee, Minnesota, Amending Chapter 10 (Public Protection,
Crimes and Offenses) of the City Code by Adding New Section 10.81 relating to Social
Hosts, and move its adoption.
Attachments:
(1) Proposed Social Host Ordinance
(2) Underage Drinking Facts
(3) Underage Drinking Report
ORDINANCE NO. 823, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CHAPTER 10 (pUBLIC PROTECTION, CRIMES AND OFFENSES) OF
THE CITY CODE BY ADDING NEW SECTION 10.81 RELATING TO SOCIAL HOSTS
THE CITY GOUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 10, Public Protection, Crimes and Offenses is amended to
add new Section 10.81, Social Hosts, which shall read as follows:
SEe. 10.81. SOCIAL HOSTS.
Subd. 1. Purpose. The Shakopee 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 21 is prohibited by State Statute. The Shakopee 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 21 possess or consume alcohol
regardless of whether the person hosting the event or gathering supplied the alcohol or
was present.
Subd. 2. Findings. The Shakopee City Council finds that:
A. 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.
B. Consumption of alcohol by persons under the age of 21 is harmful to those
persons and cop.stitutes a potential threat to public safety from injuries related to
alcohol consumption, such as alcohol overdose or alcohol-related traffic
collisions.
C. As a result, events and gatherings held on private or public property where
alcohol is possessed or consumed by persons under the age of 21 should be
prevented as much as possible.
D. Events or gatherings involving underage possession and consumption often occur
outside the presence of parents or other responsible adults. However, there are
times when a parent or other adult is present and condones the activity, and, in
some circumstances, provides the alcohol.
E. 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.
354439v3 SJS SH155-23 1
F. A deterrent effect will be created by holding a person criminally responsible for
hosting,an event or gathering where underage possession or consumption occurs.
Subd. 4. Definitions. The following terms, as used in this Section, shall have the meanings
stated:
A. "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.
B. "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 Of when diluted, mixed, or
combined with other substances.
e. "Event or Gathering" means any group of three or more persons who
have assembled or gathered together for a social occasion or other activity.
D. "Host" means to aid, conduct, sponsor, allow, entertain, organize,
supervise, control, or permit a gathering or event, whether the host is
present or not.
E. "Parent" means any person having the following relationship to a
juvenile:
1. A natural parent, adoptive parent, or step-parent;
2. A legal guardian; or
3. A person to whom legal custody has been given by order of the
court.
F. "Person" means any individual, partnership, co-partnership, corporation,
or any association of one or more individuals. "Person" does not include a
city, county, or state agency.
G. "Residence or Premises" means any location, including a 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.
354439v3 SJS SH155-23 2
H. "Underage Person" means an individual under 21 years of age.
Subd. 5. Prohibited Acts.
A. It shall be unlawful for any person to host an event or gathering at any
residence or premises where alcohol or alcoholic beverages are present
when:
1. The person hosting the event or gathering knows that an underage
person:
a. Will or does consume alcohol or an alcoholic beverage; or
b. Possesses alcohol or an alcoholic beverage with the intent
to consume it; and
2. After observing or being alerted to the illegal activity, the person
fails to take reasonable steps to prevent the possession or
consumption of alcohol or alcoholic beverages by the underage
person.
B. A person is criminally responsible for violating paragraph A above if the
person intentionally aids, advises, hires, counsels, or conspires with or
otherwise procures another to commit the prohibited act.
Subd. 6. Exceptions.
A. This section does not apply to conduct solely between an underage person
and his or her parent while present in the parent's household.
B. This section does not apply to a legally protected religious observance.
C. This section 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 Minnesota Statutes Section 340A.503 subdivision l(a)(1),
but it does apply to a person who hosts a gathering or event at such liquor
establishment.
D. This section does not apply to situations where underage persons are
lawfully in possession of alcohol or alcoholic beverages during the course
and scope of their employment.
354439v3 SJS SH155-23 3
Section 2. Summary Approved. The City Council hereby determines that the text of the
summary ordinance marked "Official Summary of Ordinance No. 823," a copy of which is
attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council
further determines that publication of the title and such summary will clearly inform the public
of the intent and effect of the ordinance.
Section 3. Posting and Filing. A copy of this ordinance is filed in the office of the City
Clerk and a copy is provided to the Shakopee Library for posting and filing, at which locations a
copy is available for inspection by any person during regular office hours.
Section 4. The City Clerk shall publish the title of this ordinance and the official
summary in the official newspaper with notice that a printed copy of the ordinance is available
for inspection by any person during regular office hours at the office of the City Clerk and
Shakopee Library.
Section 5. Effective Date. This ordinance becomes effective from and after its passage
and publication.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of ,2009.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of ,2009.
354439v3 SJS SH155-23 4
Official Summary of Ordinance No. 823
The following is the official summary of Ordinance No. 823, Fourth Series, approved by the City
Council of the City of Shakopee, Minnesota on ,2009.
ORDINANCE NO. 823, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CHAPTER 10 (PUBLIC PROTECTION, CRIMES AND OFFENSES) OF THE
CITY CODE
1. Adds a new Section 10.81 to the City Code entitled "Social Hosts."
2. This Ordinance holds a person criminally responsible who hosts events or gatherings
where the person knows that underage persons are consuming or in possession of alcohol
or alcoholic beverages with the intent to consume it, unless the person takes reasonable
steps to prevent the possession or consumption of the alcohol or alcoholic beverages by
underage persons.
3. A person is also criminally responsible if he or she intentionally aids, advises, hires,
counsels or conspires with or otherwise procures another to commit this prohibited act.
4. This Ordinance does not apply to conduct solely between an underage person and his or
her parent while present in the parent's household; legally protected religious
observances; retail intoxicating liquor or 3.2 percent malt liquor licenses, municipal
liquor stores or bottle club permit holders who are regulated by Minnesota Statutes
Section 340A.503, subdivision l(a)(I) (with the exception of persons who host a
gathering or event at such establishment); and situations where underage persons are
lawfully in possession of alcohol or alcoholic beverages during the course and scope of
their employment.
A printed copy of the ordinance is available for inspection by any person at the office of the City
Clerk and the Shakopee Library.
354439v3 SJS SH155-23 5
Underage Drinkin2: Facts
Where and with whom do young people drink?
Among 9th and 12th graders:
. The most common place to drink is in someone else's home.
. Those who drink. usually drink with friends and in groups of 3 or more.
. 9th graders are more likely than 12th graders to drink with their parents.
. Those who drink. in large groups are more likely to have 5 or more drinks at one time.
Source: http://www.epi.urnn.edu/alcohol/policy/hostliab.shtrn
Undera2:e Drinkin2 Mvths
Myth: "Alcohol is a relativelv harmless drug compared to illegal drugs. "
Fact: Compared to youth who wait until they are 21, youth who drink. before age fifteen are 12-times more likely to be
unintentionally injured while under the influence of alcohol, 7-times more likely to be in a motor vehicle crash after
drinking, and 10-times more likely to get in a physical fight after drinking.
There is a strong correlation between youth alcohol use and violence, risky sexual behavior, poor school performance,
and suicide.
Evidence shows that adolescent drinking can inflict permanent damage on the developing brain. Early onset drinking is
associated with greater levels of alcohol problems in adulthood.
Myth: "Alcohol use is rite of oassage to adulthood. "
Fact: Not all adolescents drink, and many who do drink in high school or college choose to drink. less as they enter
young adulthood, suggesting that both developmental and contextual factors contribute to alcohol consumption during
adolescence.
Myth: "Underage drinkinrz is inevitable, and it is safer if it occurs in a controlled, residential setting. "
Fact: Underage drinking parties represent an unusually high-risk setting for youth alcohol problems, including
alcohol-related traffic crashes, other forms of injury, sexual assaults, and other forms of violence. Further, providing
alcohol to adolescents explicitly indicates approval of underage alcohol use, while disregarding underage drinking may
lead to future substance use or abuse.
Despite increasing peer influences as children age, parents continue to play an important role in shaping alcohol use
behavior among adolescents. Protective parental attitudes generally deter alcohol use among youth. On the other hand,
when parents provide alcohol to teenagers at parties, there is a significantly greater likelihood of regular and binge
drinking by youth. These behaviors are also strong predictors of alcohol use and misuse in later life.
Sources: 1) Reducing Underage Drinking: A Collective Responsibility, Schulenberg, J., O'Malley, P., Bachman, J" Wadsworth,
K., and Johnston, L. (1996).
2) Getting Drunk & Growing Up: Trajectories of frequent binge drinking during the transition to young adulthood. Journal of
Studies on Alcohol.
Underage drinking costs the nation at least $53 billion a year, mostly because of traffic deaths and violent crime,
according to a 2003 report by the National Research Council's Institute of Medicine. The report, which urged
communities to hold adults accountable for teen drinking parties, was a catalyst for many recent ordinances.
Source: USA Today: January, 2007
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UNDERAGE ALCOHOL USE November, 2008 I
. Underage alcohol use poses important public health and public safety risks. I
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. This should be of concern to professionals, policymakers, parents, and others who are attempting to reduce the I
negative consequences of underage alcohol use.
Knowing the locations where this behavior is most likely to occur can help alert parents to times when they need to I
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exercise greater monitoring and supervision, and support the adoption of effective policies to protect children. I
The National Survey on Drug Use and Health is an annual survey conducted by the Substance Abuse and Mental I
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Health Services Administration. The data in this report are based on information obtained from 62,495 persons
aged 12 to 20. I
. A majority (53.4 percent) of current alcohol users aged 12 to 20 drank at someone else's home the last time I
they used alcohol, and another 30.3 percent drank in their own home. I
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I Location of the most recent alcohol use in the past month I I
among past month alcohol users aged 13 to 20, by age:
[ Location [E]00~000 20 I
I I
I Own Home 136.1% 1137.4% 1130.9% 1124.9% 1123.8% 1125.2% 1132.0% I 36.5% I
I Someone Else's Home 145.3% 1147.6% 1157.0% 1163.6% 1161.0% 1156.3% 149.9% I 46.2% I
I Car or Vehicle I 6.9% II 5.1% II 6.6% 1110.1 % II 6.3% II 5.7% 4.6% I 3.2% I
I Park, Beach, or Parking Lot 110.0% II 7.9% II 8.0% II 8.1% II 7.1% II 3.4% I 3.4% I 1.9% I
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I Restaurant, Bar, or Club I 6.1% " 3.7% " 2.8% II 4.2% II 3.7% II 9.3% 1114.1% I 15.0% I
[ Binge Alcohol Use in Past Month Among Youths Aged 12 to 17 by State: I
[ Based on 2005 and 2006 National Surveys conducted by SAMHSA, I
I an agency in the U.S. Department of Health and Human Services. I
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.~ Percentages I
of Persons I
G _11,76-15.25 I
<l.~ ~ 10,94- 11.75
".- .- C> c::=J 10,03 - 10,93 I
B 9.04 - 10,02
1- 7,28 - 9,03 I
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