5.19 - Social Host Liability§ 5.19
Section 5.19: Social Host Liability
Subdivision 1. Purpose and Findings
The 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 responsible who host events or gatherings where persons under twenty-
one (21) years of age possess or 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
possessed or consumed by persons under the age of twenty-one (21) are
harmful to those persons and constitute a potential threat to public health
requiring prevention or abatement.
B. Prohibiting underage consumption protects underage persons, as well as the
general public, from injuries related to 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 an 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
provide 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.
F. A deterrent effect will be created by holding a person responsible for hosting
an event or gathering where underage possession or consumption occurs.
Subdivision 2. Definitions
For purposes of this section, the following terms have the following meanings:
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 (0.5%) or more of alcohol by volume and which is fit
for beverage purposes either alone or when diluted, mixed, or combined with
other substances.
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§ 5.19
C. Event or gathering: means any group of three (3) or more persons who
have assembled or gathered together for a social occasion or other activity.
D. Host: means to aid, conduct, allow, entertain, organize, supervise, control or
permit a gathering or event.
E. 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.
F. Person: means any individual, partnership, co-partnership, corporation, or
any association of one (1) or more individuals.
G. 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,
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.
H. Underage Person: means an individual under twenty-one (21) years of age.
Subdivision 3. 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,
consume any alcohol or alcoholic beverage, or 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 responsible for violating Subdivision 3(A) above 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 responsible.
Subdivision 4. Exceptions
A. This section does not apply to conduct solely between an underage person
and his or her parents while present in the parent's household.
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§ 5.19
B. This section does not apply to legally protected religious observances.
C. This section does not apply to retail intoxicating liquor or 3.2 percent malt
liquor licensee, municipal liquor stores, or bottle club permit holders who are
regulated by Minn. Stat. 340A.503 Subdivision 1(a)(1).
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 employment.
Subdivision 5. Enforcement
Each incident in violation of subdivision 3 will constitute a separate offense.
Source: Ordinance No. 448, 2"d Series
Effective Date: 09-17-10
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