HomeMy WebLinkAboutOrdinance 705 - Social Host CHAPTER VII—LIQUOR, BEER, WINE
ORDINANCE 705 SOCIAL HOST................................................................................... 705-1
Section 705.01: PURPOSE AND POLICY............................................................. 705-2
Section 705.02: DEFINITIONS.................................................................................. 705-2
Section 705.03: PROHIBITED ACTS........................................................................ 705-3
Section 705.04: EXCEPTIONS .................................................................................. 705-4
Section 705.05: ENFORCEMENTS ........................................................................... 705-4
Section 705.06: SEVERABILITY.............................................................................. 705-4
Section 705.07: PENALTIES ..................................................................................... 705-4
Section 705.08: EFFECTIVE DATES........................................................................ 705-4
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ORDINANCE 705 Social Host
Section 705.01: Purpose and Policy. The St. Joseph 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 supplied the alcohol. The St. Joseph City Council finds
that:
(a) 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.
(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 collisions.
(c) 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 the
irresponsible user.
(d) 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 provided 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.
(0 A deterrent effect will be created by holding a person criminally responsible for
hosting an event or gathering where underage possession or consumption occurs.
Section 705.02: Definitions. For purposes of this ordinance, the following terms
have the following meanings:
(a) Alcohol. "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. "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
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for beverage purposes either alone or when diluted, mixed or combined with other
substances.
(c) Event or gathering. "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. "Host"means to aid, conduct, allow, entertain, organize, supervise, control
or permit a gathering or event.
(e) Parent. "Parent" means any person having legal custody of a juvenile:
1. As natural, adoptive parent, or step-parent;
2. As a legal guardian; or
3. As a person to whom legal custody has been given by order of the court.
(� Person. "Person" means any individual, partnership, co-partnership, corporation,
or any association of one or more individuals.
(g) Residence or Premises. "Residence" or "premises" 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, public or private, where
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.
(h) Underage Person. "Underage person" is any individual under twenty-one (21)
years of age.
Section 705.03. Prohibited Acts.
(a) It is unlawful for any person(s) to:
1. host or allow an event or gathering;
2. at any residence, premises or on any other private or public property;
3. where alcohol or alcoholic beverages are present;
4. when the person knows or reasonably should know that an underage
person will or does;
(i) consume any alcohol or alcoholic beverage; or
(ii) possess any alcohol or alcoholic beverage with the intent to
consume it; and
5. the person fails to take reasonable steps to prevent possession or
consumption by the underage person(s).
(b) A person is criminally responsible under paragraph (a) above if the person
intentionally aids, advises, hires, counsels or conspires with or otherwise procures
another to commit the prohibited act.
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(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 705.04: Exceptions
(a) This ordinance does not apply to conduct solely between an underage person
and his or her parents while in the parent's presence and under the parent's guidance
and supervision.
(b) This ordinance does not apply to legally protected religious observances.
(c) This ordinance 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 Minn. Stat. § 340A.503, Subd. 1 (a)(1).
(d) This ordinance does not apply to situations where underage persons are lawfully
in possession of alcohol or alcoholic beverages during the course and scope of
employment.
Section 705.05: Enforcement. This ordinance can be enforced by any licensed law
enforcement office.
Section 705.06: 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 705.07: Penalty. Violation of this section is a misdemeanor.
Section 705.08: Effective Dates. This ordinance shall take effect thirty(30) days
following its final passage and adoption.
History: Ord.705.00 New 01-17-13
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