HomeMy WebLinkAboutOrd #147 3rd Ser/Amending the City Code by Adding the Social Host Ordinance to Section 34-8ORDINANCE NO 147, THIRD SERIES
AN ORDINANCE AMENDING THE CITY OF ORONO CODE
ADDING SECTION 34-8 SOCIAL HOST ORDINANCE
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 34. Section 34-8 of the City of Orono Municipal Code Social Hast is hereby
amended by adding the following language to Subsection 34-8 as follows:
34-8 Social Host Ordinance.
1. - It is unlawful for any person under the age of 21 to consume or possess alcohol.
(a Consumption of alcohol by persons under the age of 21 is harmful to those persons
and constitutes a potential threat to public health from injuries related to alcohol consumption,
such as alcohol overdose or alcohol-related traffic collisions
(b) Alcohol is also 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.
tc� As a result, gatherings held on private or Public property where alcohol is possessed
or consumed by persons under the We of 21 should be prevented as much as possible.
d Gatherings involving underage ppssession and consumption often occur outside the
ence 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.
Le) Although furnishing alcohol to an underage person is a crime it is difficult to pMve,
and an ordinance is necessary to help further combat underage consumption.
(fdeterrent effect will be created by holding a person criminally responsible for
hosting aag thering where underage possession or consumption occurs.
2. The purpose of this section is to discourage underageRQssession and consumption of
alcohol even if done within the confines of a private residenceand to hold persons
criminally responsible who host gathering§ where persons under 21 years of age possess
or consume alcohol, recess of whether the person hosting the gathering supplied the
alcohol or was present.
3. The City Council intends that this ordinance should not target parents who may have
alcoholic beverages on their premises but who have issued a standing order that alcohol is
not to be consumed by underage Persons on those premises.
34-1. Definitions.
For purposes of this section, the following terms have the meanings given:
1. "Alcohol" means ethyl alcohol hydrated oxide of ethyl ors irits of wine whiske rum
brandy♦ gin, or any other distilled spirits includigg dilutions and mixtures thereof from whatever
source or by whatever process produced.
2. "Alcoholic beverage" means alcohol spirits, liquor, wine beer, and every li uid 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.
3. "Gathering" means a gromp of three or more persons who have assembled or gathered
together for a social occasion or other activity.
4. "Host" means to aid, conduct, sponsor, organize, supervise, control, or allow aa�g_
5. "Parent" means a person having the following relationshija to a juvenile:
a. a natural parent, adoptive parent, or stgp:pArent;
b. a legal guardian; or
c. a person to whom legal custody has been given by order of a court.
6. "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.
7. "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 occu ied as a dwelling or specificallv fora party or other social function and whether
owned leased rented or used with or without permission or compensation.
8._ "Underage person" means an individual under 21 years of age.
34-8. Prohibited Acts.
1. It is unlawful fora person to host or allow a gathering on ggy premises if:
a. the person knows that alcohol or alcoholic beverages will be present; and
b. the person knows that an underage person will attend, or is likely to attend; and
c. the person fails to take reasonable steps to_pr_event the possession or consumption of
alcoholic beverages by an underage person; and
d. an undera a person consumes an alcoholic beverage, or possesses an alcoholic bevera e
with the intent to consume it, at the gathering_
2. Exam les of reasonable steps include:
a. directing, on a one-time basis or as a standing order, that no consumption of alcohol and
alcoholic beverages is allowed; or
b. controlling access to alcohol and alcoholic beverages; or
c. checking identification of attendees to determine age: or
d. supervising the activities of underage persons at thea�g either in person or through
a responsible adult.
3. A person is not criminally resiponsible under this ordinance if the person does not know that
aag thering will occur, or does not know that alcoholic beverages will be present, or does not
know that an underage person will be or is likely. t�present. However, if a person has the
knowledge specified in paragraph 1 above, a person who hosts a gathering does not have to be
present at the gathering to be criminally responsible.
4. A erson is criminally res onsible for violating ara a h 1 above if the person
intentionally_ aids, advises, hires, counsels, or conspires with or otherwise procures another to
commit the prohibited act.
34-8. Exceptions.
1. This section does not auply to conduct of an underage person that is permitted by his or her
parent and occurs in the parent's household.
2. This section does not apply to a legally protected religious observance.
3. This section does not apply when an underage person is lawfully in possession of alcohol or
alcoholic beverages during the course and scope of employment.
4. This section does not apply to the holder of a liquor license issued under Title III of this
code but it does goly to a person who hosts a gathering at such a liquor establishment.
ADOPTED this 2e day of May, 2015, on a vote of 3 ayes and 2 nays by the City
Council of Orono, Minnesota.
ATTEST:
—"L- Ze�
Diane Tiegs, City dierk
Tj
imt Al�
Lili Tod McMillan, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of 6_1 , 2015