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MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 22 13. SOCIAL HOST ORDINANCE, ORDINANCE NO. 147 (continued) Farniok stated the Police Department currently has to prove that the person over 21 bought the alcohol and provided it to someone under the age of 21 and that this gives officers another option between a warning and a gross misdemeanor charge of procuring alcohol to a minor. A violation of the social host ordinance would be a misdemeanor. Levang asked if Spring Park has had any call to use it. Farniok indicated they have not. Farniok noted Spring Park adopted it last December and that it went into effective January of 2015. Levang stated she likes how detailed the ordinance is, and that anytime the City Council can give the police department a tool to help keep the citizens safe, she is in favor of it. Walsh noted it is already illegal to provide alcohol to a minor and that it sounds like the police department is being given an easier tool to go and arrest somebody. Farniok stated under state law they have to demonstrate that the individual over 21 purchased the alcohol, brought the alcohol to the part and provided it to the under-aged drinker. Farniok stated the police department has run into a couple of situations at private residences where there were adults present but they denied providing the alcohol, which is a loophole that makes it difficult to charge someone. Walsh stated it does not stop the police department from stopping the party. Farniok stated the ordinance would make it a criminal violation for someone to be hosting a party for minors when alcohol is being consumed. Farniok stated a number of cities have enacted similar ordinances following the occurrence of a tragic event. Walsh asked if Chief Farniok wants more ability than what the state gives the police to criminally prosecute people. Farniok indicated that is correct. Walsh asked why state law is not good enough and why the City needs to make its criminal laws tougher. Farniok stated the ordinance is specific in that it targets those individuals that are hosting parties. Under state law there is currently no violation for a host unless it is proven that they provided the alcohol to people under the age of 21. Walsh stated he is concerned about the unintended consequences of this ordinance and that he would like to get more public input on this matter. Farniok stated they are following the lead of several neighboring communities and that they have people that are promoting this within the community. Farniok stated the ordinance would specifically target people who are hosting underage parties. Item #03 - CC Agenda - 06/08/2015 Approval of Council Minutes 05/26/15 [Page 18 of 22]