SOCIAL HOST ORDINANCES IN GOODHUE COUNTY    

RED WING and KENYON Communities

RED WING SOCIAL HOST LAW

Adopted November 5th, 2007

Ordinance No. 432, Third Series

SOCIAL HOST ORDINANCE

An ordinance amending the City Code by adding Section 5.18 to Chapter 5
prohibiting and establishing penalties for, any person hosting an event or
gathering where alcohol is present and being possessed or consumed by persons
under twenty-one (21) years of age.

Section 1. Chapter 5 of the City Code of the City of Red Wing is hereby
amended by adding the following language as Section 5.18:

Subd. 1. Purpose and Findings. The Red Wing 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 Red Wing 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 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.

is a crime, it is difficult to prove, and an ordinance is necessary
to help further combat underage consumption.
(I) A deterrent effect will be created by holding a person criminally
responsible for hosting an event or gathering where underage
possession or consumption occurs.

Subd.2. Authority. This ordinance is enacted pursuant to Minn. Stat. ~ 145A.05.

Subd. 3. Definitions. For the purpose of this ordinance, the following terms, as
used in this section, shall have the meanings stated:

(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 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.
(I) 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, 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. "Underage person" is any individual under
twenty-one (21) years of age.

(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 for violating Subdivision 4 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.

Subd. 5. Exceptions.

(a) This ordinance does not apply to conduct solely between an underage
person and his or her parents while present in the parent's household.

(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.S03 Subd. l(a)(I).

(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.

Subd. 6. Enforcement. This ordinance can be enforced by any police officer.

Subd.7. Severability. Ifany 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.

Subd. 8. Penalty. Violation of Subdivision 4 is a misdemeanor.

Section 2: Effective Date. This ordinance shall be in full force and effect
fourteen (14) days after its adoption and publication in accordance with the City
Charter.

Adopted this 5th day of November, 2007.
resident
ATTEST:
( seal)
Presented to the Mayor at 'B:yta p.m. on this 5th day of November,
2007. Approved this 5th day of November, 2007.
~~A~
Donna Dummer, Mayor

(e) Even though giving or fumishing alcohol to an underage person

Subd. 4. Prohibited Acts.

Introduced the 22nd day of October, 2007.

KENYON SOCIAL HOST ORDINANCE - Coming Soon!