ORD 08-12ORDINANCE 2008-12
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 5 OF THE OTSEGO CITY CODE
CONCERNING SOCIAL HOSTS
THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA ORDAINS:
SECTION 1. Chapter 5 of the Otsego City Code is amended by adding Chapter
10 to read:
CHAPTER 10
SOCIAL HOSTS
Section
5-10-1
Purpose and Findings
5-10-2
Definitions
5-10-3
Prohibited Acts
5-10-4
Exceptions
5-10-1: 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 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
based on the following findings:
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 accidents.
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 criminally responsible for
hosting an event or gathering where underage possession or consumption
occurs.
5-10-2: DEFINITIONS: For purposes of this Section, the following terms have the
following meanings:
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.
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 for beverage purposes either alone or when
diluted, mixed, or combined with other substances.
EVENT OR
GATHERING: means any group of three or more persons who have assembled or
gathered together for a social occasion or other activity.
HOST OR ALLOW: means to aid, conduct, entertain, organize supervise, control, or
permit a gathering or event.
PARENT: means any person having legal custody of a juvenile as a natural, adoptive
parent, or step-parent; as a legal guardian; or as a person to whom legal custody has
been given by order of the court.
PERSON: means 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, PREMISES
OR PUBLIC OR
PRIVATE PROPERTY: 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, 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.
UNDERAGE PERSON: is any individual under twenty-one (21) years of age.
5-10-3: PROHIBITED ACTS.
A. It is unlawful for any person(s) to host or allow an event or gathering at any
residence, premises, or on any other private or public property where alcohol or
alcoholic beverages are present when the person knows that an underage
person will or does:
1. Consume any alcohol or alcoholic beverage; or
2. Possess any alcohol or alcoholic beverage with the intent to consume it
and the person fails to take reasonable steps to prevent possession or
consumption by the underage person(s).
B. A person is criminally responsible for violating 5-10-3.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 criminally responsible.
5-10-4: 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.
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
licensees, municipal liquor stores, or bottle club permit holders who are regulated
by Minn. Stat. §340A.503 Subd.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.
SECTION 2. This ordinance shall be effective upon passage and publication in
accordance with law.
MOTION BY: CM Tom Darkenwald
SECOND BY: CM Jessica Stockamp
ALL IN FAVOR: Mayor Fournier, CM Heidner, CM Stockamp,
CM Thorsted and CM Darkenwald
THOSE OPPOSED: NONE
ADOPTED by the Otsego City Council this 14th day of April, 2008.
CITY OF OTSEGO
BY•
La'�eourfiier, Mayor
ATTES �Ju
d u s n, Zoning Administrator/City Clerk
Published: Star News 06-18-08