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Home My WebLink About2010-04-07 PACKET 08.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 04/07/10 PREPARED BY Public Safety Craig A. Woolery ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Receive the presentation from Sergeant McAlister and pass a motion approving and adopting an ordinance amending Title 5, Police Regulations of the City Code by adding Chapter 8 relating to Social Hosts and consider adopting a resolution authorizing publication of the ordinance by title and summary. STAFF RECOMMENDATION Receive the presentation from Sergeant McAlister and pass a motion to adopt the ordinance and amend the current city code to include the Social Host Ordinance and adopt the resolution authorizing publication of the ordinance. SUPPORTING DOCUMENTS ❑ MEMO: memo dated February 7, 2010 from Sergeant Randy McAlister and a memo dated March 25, 2010 from Director of Public Safety Craig Woolery ORDINANCE ADMINISTRATORS COMMENTS ity Administrator m Date COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER C: \Documents and Settings \nbelscamper.CITYHALL \Local Settings \Temporary Internet Files\ Content .Outlook \7M8RJGDE \04 -07 -10 CA form to adopt the Social Host Ordinance.docx City of Cottage Grove Memo Public Safety To: Honorable Mayor, City Council members and City Administrator Ryan Schroeder / From: Director of Public Safety Craig A. Woolery Date: March 25, 2010 Subject: SOCIAL HOST ORDINANCE Beginning in 2007, a number of cities have implemented a Social Host Ordinance to help address underage consumption by youth at social gatherings. In Cottage Grove, the problem of underage consumption is no different than with other communities. Adopting a Social Host Ordinance provides another tool for law enforcement in addressing this problem. I would like to acknowledge and thank Council member Jen Peterson for her initiative in requesting this ordinance be adopted. I would also like to thank Sergeant Randy McAlister for his research and preparation of this ordinance. He will also be making a presentation to the Council. The draft ordinance before you has been reviewed and approved by our City Prosecutor Joe Taylor and Kennedy & Graven Attorney Sarah Sonsallah. On March 16, 2010, the Public Safety, Health and Welfare Commission reviewed the proposed Social Host Ordinance provided by Sergeant Randy McAlister along with a presentation covering key points in the ordinance. They also had the opportunity to discuss the proposed ordinance and asked Sergeant McAlister questions. The Commission approved the draft ordinance as presented. Recommendation — approve the Social Host Ordinance as presented. Thank you. CAW /cce Attach. City of Cottage G rove Mema e Police Department To: Honorable Mayor and City Council Ryan Schroeder, City_ Administrator_ From: Sgt. Randy McAlister Date: February 7, 2010 Subject: Social Host Ordinance Proposal The council is requested to consider the addition of a new social host ordinance to the Cottage Grove city code. The proposed language would make it a misdemeanor crime to "To aid, conduct, entertain, organize, supervise, control, or permit a gathering or event" where persons under the legal drinking age are consuming or possessing alcoholic beverages. This will give the police department another tool to use when investigating underage drinking parties which will reduce their occurrence in the future. Background In September, 2007 the city of Chaska, MN became the first municipality in Minnesota to pass a social host ordinance (SHO). Social host ordinances allow law enforcement to criminally cite anybody who "hosts" a social event where underage drinking is present. Some jurisdictions may also have civil penalties in place, either concurrently, or in place of criminal penalties. Frequently the civil penalties are in the form of cost recovery ordinances which reimburse the city for the cost of the personnel response, equipment costs, and other costs associated with investigation and charging. Since 2007, several other municipalities and counties have responded with their own SHOs. I have identified at least twelve cities and one county in the seven county Minneapolis -St. Paul metropolitan area that have implemented SHOs since 2007. THE PROBLEM In 2009, the Cottage Grove Police Department responded to at least 34 underage drinking parties during the course of the year and wrote 141 underage consumption tags at these parties. In all, 235 citations for underage consumption of alcohol were written in 2009. It is the experience of the department that underage parties are frequently associated with serious binge drinking that results in fights, thefts, disturbing the peace, damage to property, and sexual assaults. Not only does drinking represent a health problem for the offenders, but it also represents a clear and present danger to other innocent motorists on the roadways when underage offenders chose to drive. Minnesota already makes it illegal for a person under the age of 21 to possess or consume alcoholic beverages (MS Chapter 340A). Additionally, it is a gross misdemeanor for any person to furnish alcohol to another person under the age of 21 (with certain exceptions). The rub is that it is very difficult for the police to prove a "furnishing" case. "Hosts' as defined by the proposed ordinance know that a furnishing case is difficult to prove and therefore have no disincentive to host a party. This presents a problem when trying to deter the occurrence of loud and disruptive underage parties. There is also another problem that frequently gets lost in the discussion - -the police will often be dispatched to the same party several times over the course of an evening. This can represent a significant use of personnel and resources to fully investigate and process a scene. • Neighbors happy • Council happy • Officers happy... now have another tool to use to curb underage drinking parties • County Attorney happy • School District happy • Our more infamous party hosts have closed shop in Chaska Life is good! Call if you need more... Best, Scott * At the end of the memo there are links to articles which all tend to show that agencies that have implemented SHOs are quite happy with them. BASIC WORDING OF A SOCIAL HOST ORDINANCE Most SHOs share the same basic language: • The social host knows or reasonably should know that alcohol is being possessed or consumed by underage persons at their residence or premises or at any event they are hosting on public or private property. • The social host fails to take reasonable steps to prevent possession or consumption by the underage person or persons. ADDRESSING CONCERNS OF CRITICS The number one criticism lodged against SHOs is the fear that completely innocent persons (such as parents or landlords) may be criminally liable under the ordinance for underage parties that they had no knowledge of. This is not true. As the basic wording above states, the suspect must know or reasonably know that alcohol is being possessed or consumed by underage persons. This means that parents who are vacationing, for instance (and have no idea that their high school age son is hosting an underage party), will not be cited under this ordinance. The only way they could be charged is if it can be proven that they knew or should have reasonably known that their underage son or daughter was allowing an underage party. The second most popular criticism is that SHOs greatly expand existing police powers resulting in a further intrusion of police into the lives of citizens. This is also not true. The ordinance does not give any expanded powers of search and seizure to the police. It merely gives us the ability to cite the host which should reduce the number of future underage parties and their associated crime and disturbing the peace problems. STEPS TO TAKE TO BE A RESPONSIBL SOCIAL HOST 1) Verify the age of all guests. 2) Control access to alcohol. 3) Control the quantity of alcohol. 4) Supervise persons under 21 years of age (or better yet, don't let them in the party to begin with). 5) Be courteous to your neighbors and keep the party noise down. 6) Refuse entrance to uninvited guests, especially the ones who arrive at the door with alcohol or who are already intoxicated. 7) Call the police for assistance with uninvited guests. LINKS AND OTHER RESOURCES hn://www,co.carver.mn.us/does/SocialHost OA.pdf http://www.socialhost.org/ http://www.madd.org/getdoc/660 d997f cc45-42c7- 8516- 2978481elf9a/Final- Sample- Social- Host - Ordinance -2 -5- 08- version.aspx bgp://www.cbaskaherald.com/node/222 4 http•/ /www starnibune com /locaUst�auU64326662 htmheh= KArksWUoDEv3LGDiO7aiU 1 ttp / /www startribune comJlocal/stpaul /63726712 html?elr= KArksIJL UoDEv3LGD107aiU http'/ /www tcdail}�lanet netnews/ 2009 /10/19 /social- host - ordinance - passes - san rt -pain hLV://www.icoe.kl2.ca.us/ISC/lJnderage+Drinking.ht m hM://www.ca-Wi.org/SIG subsite /SIG Documents /Resources VCL MSHLO web2.pdf http://www.udete.or,g/docuinents/success stories MN0408.p liftp://www.udete.orjz/UiiderageDrinkinaCosiL.asR ft://www.udete.orp/factsheets/N4innesota.pdf http'/ /www ci Lakeville mn us/ depazhnents/ Police�df /BreezesBreezesl- 30- 09.pdf ORDINANCE NO. AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA; AMENDING TITLE 5, POLICE REGULATIONS, OF THE CITY CODE, BY ADDING CHAPTER 8 RELATING TO SOCIAL HOSTS The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: Section 1. Title 5 is amended by adding Chapter 8, Social Hosts, to read as follows: CHAPTER 8. SOCIAL HOSTS SECTIONS: 5 -8 -1: Purpose and Findings 5 -8 -2: Definitions 5 -8 -3: Prohibited Acts 5 -8 -4: Exceptions 5 -8 -1: PURPOSE AND FINDINGS: The City Council intends to discourage underage 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 consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The City Council finds that: A. Events and gatherings held on private or public property where alcohol is consumed by persons under the age of 21 are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement. B. Events and gatherings held on private or public property where alcohol is consumed by persons under the age of 21 disturb neighbors, damage property and jeopardize their own or others' safety. C. Events and gatherings held on private or public property where alcohol is consumed by persons under the age of 21 are responsible for a disproportionate expenditure of public safety resources which can delay or reduce the ability of the police, fire, or EMS to respond to other emergencies. D. 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. 364125v4 SJS CT155 -46 1 E. Often, events or gatherings involving underage consumption occur outside the presence of parents or other responsible adults. However, there are times when the parent or other adult is present and condones the activity, and, in some circumstances, provides the alcohol. F. 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. G. A deterrent effect will be created by holding a person criminally responsible for hosting an event or gathering where underage consumption occurs. 5 -8 -2: DEFINITIONS: For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: ALCOHOL: 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: Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, 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: Any group of three or more persons who have assembled or gathered together for a social occasion or other activity. HOST OR ALLOW: To aid, conduct, sponsor, entertain, organize, supervise, control, or permit a gathering or event. PARENT: Any person having legal custody of a juvenile: A. As a natural parent, adoptive parent, or stepparent; B. As a legal guardian; or C. As a person to whom legal custody has been given by order of the court. PERSON: 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 OR PREMISES: 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 364125v4 SJS CT15546 2 party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. UNDERAGE PERSON: Any individual under 21 years of age. PS]"Ume VD-1111107-IT" A. It is unlawful for any person to host or allow an event or gathering at any residence or premises where alcohol or alcoholic beverages are present and underage persons may also be present if the person hosting the event or gathering knows or reasonably should know that the underage person will or does consume any alcohol or alcoholic beverage. B. A person is criminally responsible for violating subsection A of this section if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. C. A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible. 5 -8-4: EXCEPTIONS: A. This chapter does not apply to conduct solely between an underage person and his or her parents while present in the parent's household. B. This chapter does not apply to legally protected religious observances. C. This chapter 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 1(a)(1), but it does apply to a person who hosts a gathering or event at such liquor establishment. D. This chapter does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk 364125v4 SJS CT155 46 3 Summary published in the South Washington County Bulletin on 2010. 364125v4 SJS M55 -46 CITY OF COTTAGE GROVE RESOLUTION NO. RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. - WHEREAS, the City of Cottage Grove has adopted the above referenced amendment to the Cottage Grove City Code at the April _, 2010 City Council meeting; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of the publication of the complete text of the ordinance is not justified; and WHEREAS, the Council has determined that the following summary will clearly inform the public of the intent and effect of Ordinance No. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, Minnesota, that the city clerk shall cause the following summary of Ordinance No. - to be published in the official newspaper in lieu of the entire ordinance: SUMMARY PUBLICATION ORDINANCE NO. - AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 5, AMENDING CHAPTER 5, POLICE REGULATIONS, OF THE CITY CODE, BY ADDING CHAPTER 8 RELATING TO SOCIAL HOSTS The City Council has adopted Ordinance No. , an ordinance entitled "AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 5, AMENDING CHAPTER 5, POLICE REGULATIONS, OF THE CITY CODE, BY ADDING CHAPTER 8 RELATING TO SOCIAL HOSTS." This summary of the ordinance is published pursuant to Minn. Stat. § 412.191, subd. 3. The ordinance amends and adds a new chapter relating to social hosts that would make it a misdemeanor crime to "Aid, conduct, entertain, organize, supervise, control, or permit a gathering or event' where persons under the legal drinking age are consuming or possessing alcoholic beverages. Caron M. Stransky, City Clerk BE IT FURTHER RESOLVED, that the city clerk is directed to keep a copy of the ordinance in her office at city hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Cottage Grove, Minnesota this of April, 2010. Myron Bailey, Mayor ATTEST: Caron M. Stransky, City Clerk