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09-982Substitute 10/07/2009 CI Presented by F Council File # 09-982 Green Sheet# 3078556 ORDINANCE ►INT PAUL, MINNESOTA Z� t An Ordinance Creating Chapter 239 Of The Saint Paul Legislative Code To 2 Establish The Crime Of Hosting and Allowing An Event ar Gathering Where Alcohol Is Present and Being 3 Possessed or Consumed by Persons Under 21 Years Of Age 5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 7 Section 9 Section 239A1 of the Sai�t Paul Legislative Code is hereby created to read as follows: t o ''UELISy� i 1 Section 239.01. Title. This Chapter shall be known as the "Social Host Ordinance." iz N �� 1 � 2D04� 13 14 Section 2 15 Section 239.02 of the Saint Paul Legislative Code is hereby created to read as follows: 16 17 Section 239.02. Purpose and Findings. The City Council intends to discourage underage possession and 18 consumption of alcohol, even if done within the confines of a private residence, and intends to impose i 9 criminal penalties on those person(s) who host events or gatherings where persons under 21 years of age 20 possess or consume alcohol regardless of whether the person(s) hosting or allowing the event or gathering 21 supplied the alcohol. 22 23 The City Council finds that: 24 25 (a) Alcohol is an addicYive drug which, if used irresponsibly, could have drastic effects on those 26 who use it as well as those who aze affected by the actions of the irresponsible user. 27 (b) Events and gatherings held on private or public property where alcohol is possessed or 28 consumed by persons under the age of 21 are harmful to those persons and constitute a potential z9 threat to public health, safety and welfare requiring prevention or abatement. 30 (c) Prohibiting underage consumption protects underage persons, and the general public, from 31 injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic 32 collisions 33 34 35 36 37 38 39 40 41 (d) Events or gatherings involving underage possession and consumption often occur outside the presence of parents or other responsible adults. However, there are occasions when the parent(s) or other adult(s) is/aze present and condone(s) the activity, and, in some circumstances, provide(s) the alcohol. (e) Even though giving or fumishing alcohol to an underage person is a crime, it is difficult to prove; therefore, an ordinance is necessary to help further combat underage consumption. (fl A deterrent effect will be created by holding person(s) criminally responsible for hosting or allowing an event or gathering where underage possession or consumption of alcohol occurs. 42 �� :J 43 44 Section 3 45 Section 239.03 of the Saint Paul Legislative Code is hereby created to read as follows: 46 47 Section 239.03. Definitions. 48 49 For the purposes of this Ordinance, the following terms shall have the meanings stated: 50 51 (a) Alcohol means ethyl alcohol, hydrated oxide of ethyl or spirits of wine, liqueur, cordials, whiskey, 52 rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever 53 source or by whatever process produced. 54 55 (b) Alcoholic beverage means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing 56 alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by volume 57 and which is fit for beverage purposes either alone or when diluted, mixed ar combined with other 58 substances. 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 (c) Adult means any person eighteen (18) years of age or older. (d) Underage Person means any person under the age of twenty-one (21) years. (e) Parent means any person having legal custody of a juvenile as a natural parent, adoptive parent, step pazent, legal guardian, or a person to whom legal custody has been given by order of the court. (fj Host or Allow means to aid, conduct, entertain, organize, supervise, control or permit an event or gathering. (g) Event or Gathering means any group of three or more persons assembled or gathered together for a social occasion or other activity. (h) Person means any individual, partnership, co-partnership, corporation, or any association of one (i) or more individuals. A person does not include any city, county, or state agency. . ' - - - - - - :� - - - - - - - - 85 �jj Residence, Premises, or Public Property or Private Property means any location, including a 86 house, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, 87 yard, field, park, or any other place of assembly, whether occupied on a temporary or permanent basis, (/ " � -a-�i-o°l I' ': 8s 89 90 91 92 93 94 95 96 97 98 whether occupied as a dwelling or residence or specifically for a social or business function, and whether owned, leased, rented or used with or without permission or compensation. . . ... .... . .. ... • - - • - - - -- • - • • - --- - - • - - - • Section 4 99 Section 239.04 of the Saint Paul Legislative Code is hereby created to read as follows: 100 101 Section 239.04. Prohibited Acts and Penalty for Violation of Ordinance 102 103 (A) Prohibited Acts. It is unlawful for any person(s) to host or allow an event or gathering at any 104 residence, premises, or on any other public properiy or private property where alcohol or alcoholic 105 beverages are present when the person knows or reasonably 106 should know that °� ��a°�°�-° � °�" �- a�°°: alcohol or an alcoholic beveraee is beine nossessed or � � -� . .- ..- .- • • �: - - - � - il0 ili 112 113 114 I15 116 117 I1s 119 the person, w�°*�� "�•°�� *'�° ° °�* � �-°*'��-:��- failsed to *°'�° � �°w'° °*°�° *� prevent such possession or consumption by an underage person. (B) It is ��~'�--��' F~�-�~��~ '� -��'�*° a violation of Section 4A if the person intentionally aids, advises, hires, counsels, or conspires with another or otherwise procures another to commit the prohibited act. (C) A person who hosts or allows an event or gathering does not have to be present at the event or gathering to be criminally responsible for a violation of Section 4A. 1 � . i. - - - - - - 125 126 , 127 , 128 .,i,.,.w,.i;,. �.�. , o..« 129 130 131 132 � R-� �-�� 09-982 r " ' ' .. .. -- " '- " ' '- --" ' " ' ... . . - '-• - ' '- " ' ' -' ' - - - - - - - � ' �1 �- - - - - - - '- • . � � ' - - 144 145 i,.� n., ..a ...:....:.... ,.swe.. a,.,.,. c e...,. ,,,+,,..a .we e e.,. ,. ,...,t,e..:..,.. "' "> � 146 . � - - _ �etfre!n�.s�!�!eraar� - - - - - - - !�ers- - - - 156 157 158 159 160 161 s •- - - -- • - --- -- -- ••- •- •- - - -- .. . . -• • - •- 162 . 163 164 (�j Penalty. A violation of this Ordinance is a misdemeanor. 165 166 167 Section 5 168 Section 239.05 of the Saint Paul Legislative Code is hereby created to read as follows: 169 17o Section 239.05. Exceptions. 171 172 A. This Ordinance does not apply to conduct of an underage person specifically authorized by his or her 173 parent while present in the parenYs household. 174 175 B. This Ordinance does not apply to legaily protected religious observances. 176 177 C. This Ordinance does not apply to retail intoxicating liquor or 3.2 percent malt liquor licensees, 17s municipal liquor stores, or bottle club permit holders who are regulated by Minn. Stat. § 340A.503. s �� -��-��/ 1' ': 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 zio ni 2t2 213 214 215 216 zt� D. This Ordinance does not apply to law enforcement activities supervised by a law enforcement agency. E. This Ordinance does not apply to situarions where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. F. This Ordinance does not applv to a landlord, mort�agee, colleee. universitv, hotel or motel owner, or onerator who has not actuallyparticipated in hostine or allowing an event or ¢athering where alcohol is rep sent- Section 6 Section 239.06 of the Saint Paul Legislative Code is hereby created to read as follows: Section 239.06. Authority. Pursuant to Minn. Stat. Section 145A.05, Subd.l, the City Council has the authority to enact laws which promote the public health, safety, and general welfare of its residents. Section 7 Section 239.07 of the Saint Paul Legislative Code is hereby created to read as follows: Section 239.07. Severability. (a) If any section, subsection, sentence, clause, part, provision, phrase, word, or other portion of this Ordinance is, for ay 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 chapter, which remaining portions shall continue in full force and effect. Section 8 Section 239.08 of the Saint Paul Legislative Code is hereby created to read as follows: Section 239.08. Effective Date. This ordinance shall take effect and be in force thirry (30) days following its passage, approval and publication. , 0' 9-�--Or-� I 09-982 zis ��Ci�h�� OU 1 � �i�' Adopted by Council: Date � \,�� Adoptio ertifie y o 7 Secretary By: Approv d b� o� •: Date �� /� By: Requested by Departrnent of: By: Approved by the Office of Financial Services By: Approved by Cj7� Attorney B - ' 9 �9-0 � Approved ayor for Submis� Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � n4_on� DepartmenUOfficelCouncil: Date Initiated: co_�°�°��' 02SEP2009 Green Sheet NO: 3078556 ConWCt Person 8 Phone: Department SentTo Person InitiallDate I Councilmember Russ Stark � o 266-8640 1 ouncil Assign 2 ouncil � Must Be on Council Agenda by (Date): Number � 09-SEP-09 For 3 i Clerk I Routing 4 i Doa Type:ORDINANCE Order 5 � E-DOwment Required: Y Document Contact: Contact Pfione: Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of an ordinance creating 239 of the Saint Paul Legislative Code to establish the crime of hosting and allowing an event or gathering where alcohol is present and being possessed or consumed by persons under 21 years of age. i Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: ' Planning Commission � 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No , Civil Service Commission 2. Has this person/firm ever been a city employee? � ' Yes No � 3. Does this person/firtn possess a skill not normally possessed by any � cuvent city employee? I Yes No I 6cplain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantageslfApproved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of CostlRevenue Budgeted: Trensaction: Funding Source: Activity Number: Financiallnformation: (Explain) Seotember 2, 2009 2:45 PM oa�o � SA1 NT o9�9g'Z PAU L � Interdepartmental Memorandum CITY OF SAINT PAUL IIIIAA TO: City Attomey John Choi and Councilmember Russ Stazk, Wazd 5 Council President Kathy Lantry, Wazd 7 Councilmember Dave Thune, Wazd 2 Councilmember Pat Harris, Ward 3 Councilmember Russ Stark, Ward 4 Councilmember Dan Bostrom, Wazd 6 F`ROM: Yamy V� , istant City Attorney, Community Prosecution Unit DATE: July 30, 2 09 RE: SOCIAL HOST ORDINANCE--ESTABLISHING THE CRIME OF HOSTING AND ALLOWING AN EVENT OR GATHERING WHERE ALCOHOL IS PRESENT AND BEING POSSESSED OR CONSUMED BY PERSONS UNDER 21 YEARS OF AGE SUMMARY The proposed ordinance addresses the problem of consumption of alcoholic beverages by underage person(s) by attaching criminal liability to those who knowingly provide premises for an event, party, or gathering, or those who reasonably should have lmown that the premises would be used for an event, party, or gathering where underage person(s) would be consuming alcoholic beverages and fail to take reasonable steps to prevent the underage consumption or possession of an alcoholic beverage. It is illegal under MN State law for the underage person to buy, possess or consume alcohol. The current law also prohibits an individual from fiunishing alcohol to an underage person. Characteristics or suggesrions of underage drinking parties (i.e., littering, urinating in public, driving while under the influence, criminal damage to property, drinking in public, noise violarion, assault, disorderly conduct and harassments and fights) have been addressed by our state law and city ordinances; however, both current state and city laws do not hold the host responsible for the impact their gathering have on the public or to the underage person(s) when s/he allows the underage person(s) to be exposed to alcohol and permits possession and consumption of alcohol on private/public property. The proposed ordinance, in addition to combating the problem of underage drinking, will help our City in saving tascpayers' money from repeated disturbance calls to police, reducing emergency medical responses to underage drinking parties, reducing injuries and violence, increasing peace within the jurisdictions' neighborhoods, and safeguarding property damages. BACKGROUND AND DISCUSSION The consumption of alcoholic beverages by minors and individuals under the age of 21 at house parties and various other premises within the City limits presents numerous health, safety, and welfare problems for the residents of Saint Paul, minors, and law enforcement. Many social host regulations, both narionally and locally, have sought to understand and to curb underage drinldug by making the hosring of underage drinking parties illegal and subjecting violators to either an administrative citaxion or a misdemeanor criminal violation. In Minnesota, 29 cities and two Page 1 of 3 °An A�rmative Action Equal Opportunity Employer." 09-982 counties' have adopted some form of social host ordinance. The proposed ordinance is intended to address the loophole that currenfly exists by holding individuals responsible for providing a venue for underage diinkiug. Research indicates that alcohol is the drug of choice for youth and the leading cause of death among teenagers. The consequences of underage consumption are high. By a four-to-one ratio, alcohol is involved in the deaths of more teens than all other illicit drugs combined. Alcohol is a factor in neazly half of all teen automobile crashes and contributes to 50 to 65 percent of youth suicides 4 In addirion to increased homicides, suicides, and fatal injuries rates among minors and individuals under the age of 21, alcohol abuse is linked to two-thirds of all sexual assaults and date rapes including playing a major factor in unprotected sex All of these risks are further magnified if early onset of teen drivking is involved. Supplementary studies attribute social host liability laws with decreased alcohol-related traffic fatalities among adults, as well as decreases in self-reported binge drinking and drinking and driving incidents. Currently, police officers rourinely are called to respond to complaints of unruly gatherings, loud and unruly parties, and noise on private property. The majority of these complaints involve young people and the presence of alcohol. Minnesota State law prohibits fumishing alcohol to underage persons, underage consumption, underage pwchasing and possession, and the use of false identification to obtain alcohol; however, the law does not address the consequences when a person who is hosting the gathering permits and allows alcohol consumption and possession by underage persons on private/public property. As a result, police officers are put in a difficult position to hold the host accountable because they are unable to determine who provided the alcohol to the underage persons, generally, because most party attendees are told to bring their own alcoholic beverages. Underage drinking parties often result in tragic consequences. Binge drinking and unruly parties lead to an array of problems for law enforcement, including alcohol-related traffic accidents, gang activity, fights, loud noise, sexual assaults, property damage and other forms of crime. Further, providing alcohol to underage persons explicitly indicates approval of underage alcohol use, while disregarding the fact that underage drinking may lead to future substance use or abuse. A social host ordinance deters hosts from allowing dangerous and illegal situations involving underage persons and alcohol and will reduce negarive consequences associated with such gatherings. In 2007 and 2008, the City Attorney's Office handled 453 and 425 cases of underage consumption, respectively. At the same time, Saint Paul Police's "Zero Adult Providers" (ZAP) detail� estimated that they came into contact with more than 2,000 underage persons at drinking parties and other similar venues. Beside the ZAP detail, they responded to mare than 200 calls of loud and unruly parties. The calls range from a few adults gathering in which loud noise � Namely, Albert Lea, Apple Yailey, Belle Plaine, Chaska, Cookston, Crystal, Duluth, Fairfac, Fergus Falls, Jordan, Kandiyohi Counry, Kenyon, Lakeville, Mankato, Maple Grove, Minnetonka, NewPrague, Ostego, Princeton, Prior Lake, Ramsey, Red YVing, Roseville, Rosemont, Savage, Shakopee, Scott Counry, South St. Paul, Waseca, YVest St. Paul, and Willmar. Z National Center on Addiction and Substance Abuse, 2002, and American Medical Association, O�ce of AZcohol/DrugAbuse, 2001. 3 Drug Strategies, 1999. 4 National Institute on Alcoholism and Alcohol Abuse. 5 American Medical Association, Office ofAlcohol/Drug Abuse, 2001. 6 American Medical Association, Offzce ofAlcohoUDrugAbuse, 2001. � The ZAP detail is a proacrive police activiry. Page 2 of 3 °M A�rmative Action Equal Opportunity Employer.r 09-982 permeated the neighborhood to lazge juvenile parties where underage drinking occurred. However, the majority of these calls involved persons under the age of 21 who were consuming alcohoi. The proposed ordinance will make it a misdemeanor to permit, host, or allow an event or gathering where three or more underage individuals aze assembled and alcohol is present, being served to, consumed by, or in their possession. Specifically, anyone regardless of age, who hosts such a gathering on his or her private property or public property, will be subject to the ordinance. Violation of tbe ordinance will be a misdemeanor subject to a maximum penalty of 90 days in jail and/or a$1000 fine. The ordinance does not apply to: (1) conduct solely between an underage person and his or her parent while present in the parenYs household; (2) legally protected religious observances; (3) retail intoxicating liquor or 3.2 percent malt liquor licenses, municipal liquor stores or bottle club permit holders who are regulated by Minnesota Statutes §340A.503 (with the exception of person who host a gathering or event at such establishment); (4) law enforcement activities supervised by a law enforcement agency; and (5) situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of their employment. In addirion, the proposed ordinance does not apply to homeowners or property owners who have no lrnowledge of illegal alcohol consumption while they are away from their residence as a social host. The proposed ordinance is similar to those social host ordinances already adopted by other Minnesota ciries. The proposed Social Host Ordinance differs only in terms of providing more clarification as to who is the host, what is meant by "knew or reasonably should have known", and what is meant by "tak[ing] reasonable steps", the presence of alcohol and the presence of underage persons. The proposed ordinance does not change the fact that individuals can be held criminally and civilly liable for furnishing alcohol to underage persons when it contributes to damages, injury or death. ATTACHMENT Proposed Social Host Ordinance Underage Drinking in Minnesota Factsheet Page 3 of 3 "An Affirmative Action Eqaal Oppor[uniry Employer." 09-982 Tragic health, social, and economic problems result from the use of alcohol by youth. Underage drinking is a causal factor in a host of serious problems, including homicide, suicide, traumatic injury, drowning, burns, violent and property crime, high risk sex, fetal alcohol syndrome, alcohol poisoning, and need for treatment for alcohol abuse and dependence. Problems and Costs Associated with Underage Drinking in Minnesota Underage drinking cost the citizens of Minnesota $916 million in 2005. These costs include medical caze, work loss, and pain and suffering associated with the multiple problems resulting from the use of alcohol by youth. This translates to a cost of $1,737 per yeaz for each youth in the State. Minnesota ranks 42 highest among the 50 states for the cost per youth of underage drinking. Excluding pain and suffering from these costs, the direct costs of underage drinking incurred through medical care and loss of work cost Minnesota $322 million each year. Costs of Underage Drinking Minnesota 2005 Medical Costs $125M Pain & Suffering Costs $593M Total: $916 million Work Lost Costs Youttt violence and trafFc crashes attributable to alcohol use by underage youth in Minnesota represent the largest costs for the State. However, a host of other problems contribute substanrially to the overall cost. Among teen mothers, fetal alcohol syndrome (FAS) alone costs Minnesota $13.2 million. Young people who begin drinking before age 15 are four rimes more likely to develop alcohol dependence and aze two and a half times more likely to become abusers of alcohol than those who begin drinking at age 21? In 2004, 2,065 youth 12 - 20 years old were admitted for aicohol treatment in Minnesota, accounting for 9% of all treatment admissions for alcohol abuse in the State. Costs of Underage Drinking by Problem, Minnesota 2005 09-982 Alcohol Consumption by Youth in Minnesota Underage driuking is widespread in Minnesota. Approximately 211,000 underage youth in Minnesota drink each year. In 2004, according to self-reports by Minnesota students: ° 66% of female and 63% of male 12 graders and 46% of female and 40% of male 9` graders reported having used any alcohol at some time in the past 12 months. 18% of female and 26% of male 12`� graders and 6% of female and 7% of male 9`� graders reported frequent use of alcohol (drinking 20 or more times) in the past 12 months. 26% of female and 37% of male 12�' graders and 15% of female and 16% of male 9`� graders reported consuming five or more drinks in a row within the past two weeks. In 2005, underage drinkers consumed 12.7% of all alcohol sold in Minnesota, totaling $319 million in sales. These sales provided profits of $155 million to the alcohol industry.' Produced by the Pacific Institute for Reseazch and Evaluarion (PIRE), October 2006. ' MiIler, TR, Lery, DT, Spicec, RS, & Taylox, DM. (2006) Swietal cosu of underage drinldng 7ournal of Studies on Alcohol, 67(4) 519-528. '' Grant, B.F., & Dawson, D.A (1997). Ago at onse[ of alcohol use and its association with DSM-N alcohol abuse and dependence: Results from the Nation Lqngimdinai Alwhot Epidzmiologic Survey. Jourrsal of Substarzce Abuse 9: 103-110. ' Office of Applied Smdies, Substance Abuse and Menta] Heal[h Services Administrarion. Treatment Episode Da[a Se[ (1'EDS). (2004). Substance Abuse Treatment by Pnmary Su6smnce ofAbuse, Accordirzg to Sex, Age, Race, and Ethniciry. ° Minnesota Department of Education. (2004). Min�esota Smdent Survey. [Ou-line]: http://educafionstate.mn.us/mde/L.earnin�SupporUSafe_and_Healthy_LeamersMLnnesota_Srudent_Survey/index.html 09-982 iTNDERAGE ALCOHOL USE November, 2008 • Underage alcohol use poses important public health and public safety risks. • This should be of concern to professionals, policymakers, parents, and others who are attempting to reduce the negative consequences of underage alcohol use. • Knowing the locations where this behavior is most likely to occur can help alert pazents to times when they need to exercise greater monitoring and superoision, and support the adoprion of effective policies to protect children. • The National Survey on Drug Use and Health is an annual survey conducted by the Substance Abuse and Mental Aealth Services Administration. The data in this report are based on information obtained from 62,495 persons aged 12 to 20. • A majority (53.4 percent) of current alcohol users aged 12 to 20 drank at someone else's home the last time they used alcohol, and another 30.3 percent drank in their own home. Location of the most recent alcohol use in the past month among past month alcohol users aged 13 to 20, by age: Location 13 14 15 16 17 18 19 20 Owr1 Home 36.1% 37.4% 30.9% 24.9% 23.8% 25.2% 32.0% 36.5% Someone Else's Home 45.3% 47.6% 57.0% 63.6% 61.0% 56.3% 49.9% 46.2% Car or Vehicle 6.9% 5.1 % 6.6% 10.1 % 6.3% 5.7% 4.6% 3.2% Park, Beach, or Parking Lot 10.0% 7.9% 8.0% 8.1 % 7.1 % 3.4°/o 3.4% 1.9% Restaurant, Bar, or Club 6.1 °/a 3.7% 2.8% 4.2% 3.7% 9.3% 14.1 % 15.0% Binge Alwhol Use in Past Month Among Youths Aged 12 to 17 by State: Based on 2005 and 2006 National Surveys conducted by SAMHSA, an agency in the U.S. Department of Health and Human Services. � � ��: � '�-::t�;�-�. A;-�:., >m,.�r. �,� � � ,.� ;, ._.wc� �s x 5 "-' ' � � Y hdY � 3 e `u4 �.%_... y � +� � � 1', i O - A �Y.CJ t0:94- 11:?5 -. . 10.03,- 1 Q.9,3 , 9A4 � -1�O.A2' 728 -, 9.03 , � .. � , J' ': Undera¢e Drinkine Facts Where and with whom do young people drink? Among 9th and 12th graders: • The most common place to drink is in someone else's home. • Those who drink usually drink with friends and in goups of 3 or more. • 9th graders aze more likely than 12th �aders to drink with their parents. • Those who driuk in lazge groups aze more likely to have 5 or more driuks at one time. Source: http://www.epi.umn.edu/alcohol/policy/hostliab.shtm Underage Drinkine Mvths Myth: "Alcohol is a relntivelv har»rless drun comnared to ille2al drues. " Fact: Compared to youth who wait until they aze 21, youth who drink before age fifteen are 12-times more likely to be unintentionally injured while under the influence of alcohol, 7-times more likely to be in a motor vehicle crash after drinking, and 10-times more likely to get in a physical fight after drinking. There is a stron¢ correlation beriveen youth alcohol use and violence, riskv segual behavior, poor school performance, and suicide. Evidence shows that adolesceut drinkin¢ can inflict uermanent damaee on the develoaing brain. Earlv onset drinlune is associated with ¢reater levels of alcohol aroblems in adulthood. Myth: "Alcohol use is rite of passape to adulthood " Fact Not all adolescents drink, and many who do drink in high school or college choose to drink less as they enter young adulthood, suggesting that both developmental and contextual factors conuibute to alcohol consumption during adolescence. Myth: "Undera2e drinkinQ is inevitable, and it is safer if it occurs in a controlled, residential seninp. " Fact: Underage drinking parties represent an unusually high-risk setting far youth alcohol problems, including alcohol-related traffic crashes, other forms of injury, sexual assaults, and other forms of violence. Providing alcohol to adolescents egplicitly indicates approval of underage alcohol use, while disregarding underage drinking may lead to future substance use or abuse. When parents provide alcohol to teenagers at parties, there is a significantly greater likeli600d of regular and binge drinking by youth. These behaviors are also strong predictors of alcohol use and misuse in later life. Sources: I) Reducing Underage Drinking: A Collective Responsibiliry, Schulenberg, J, O'MaZley, P., Bachman, J, YVadsworth, K, and Johnston, L. (1996). 2) Getting Drunk & Growing Up: Trajectories offrequent binge drinking during the transition to young adulthood. Journal of Studies on Alcohol. According to a 2003 report by the National Research Council's Institute of Medicine, underage drinking costs the nation at least $53 billion a year, mostly because of traffic deaths and violent crime, The report, which urged communities to hold adults accountable for teen drinking parties, was a catalyst for many recent ordinances. Source: USA Today: January, 2007 09-982 MINNESOTA SOCIAL HOST ORDINANCES # CITY / C UN DATE PTE 1 Kandivohi Co. 8/7/2007 5 Princeton 12/27/200 _. _ ��.,� �. �..,.�-<,.�._.��e,......� ... 6 Roseville 3/3/2008 7 Waseca 4/4/2008 8 Lakeville 4/7/2008 9 Duluth 4/15/200E 10 South St. Paul 6/8/2005 11 Otsego 6/9l2008 12 � Ramsey � 7/22/200! 13 Maple Grove Sept. 08 14 Apple Valley 11/6/200i 15 Willmar 11/10/200 16 Fergus Falls 11l17/200 17 Rosemount 12/2/200! 18 Red Wing 12/7/2007 19 Albert Lea 12/8/200� 20 Prior Lake 12/15/20C 21 Crystal Late 200� , � �p. 22 Kenyo� 4/13/200! 23 Minnetonka 5/18/200! 24 Crookston 5/26/200: 25 Scott Countv 6/2/200� 2 Spring Lake I Mayor wants council to have Park more time to review. 5 Austin Tabled action for one year to Elko/New allow time for observation of 6 Market the effects of the ordinance in the Scott County court system. 7 Albertville 8 St. Paul 12/2/2008 9!3/2009 8/18/2009 9/15l2009 Voted down: Concerns of the 2 Greenwood 9/3/2009 term "knowledge" and "parents being swept into enforcement." Updated 09/03/2009 Council File# 09-982 GreenSheet# 3 07R5 S� ORDINANCE Presented by CITY Q��SAINT PAUL, MINNESOTA 1 An Ordinance Creating Chapter 239 Of "I'he Saint Paul Legislarive Code To 2 Establish The Crime Of Hosring and Allowing An Event or Gathering Where Alcohol Is Present and Being 3 Possessed or Consumed by Persons Under 21 Years Of Age 5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 7 Section 1 9 Section 239.01 of the Saint Paul Legislarive Code is hereby created to read as follows: lo 11 Section 239.01. TiUe. This Chapter shall be known as the "Social Host Ordinance." 12 13 14 Section 2 i5 Section 239.02 of the Saint Paul Legislative Code is hereby created to read as follows: 16 17 Section 239.02. Purpose and Findings. The City Council intends to discourage underage possession and 18 consumprion of alcohol, even if done within the confines of a private residence, and intends to impose 19 criminal penalties on those person(s) who host events or gatherings where persons under 21 years of age 20 possess or consume alcohol regardless of whether the person(s) hosting or allowing the event or gathering 21 supplied the alcohol. 22 23 The City Council finds that: 24 25 (a) Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those 26 who use it as well as those who are affected by the actions of the irresponsible user. 27 (b) Events and gatherings held on private or public property where alcohol is possessed ar 28 consumed by persons under the age of 21 aze harmful to those persons and constitute a potenrial 29 threat to public health, safety and welfare requiring prevention or abatement. 30 (c) Prohibiting underage consumption protects underage persons, and the general public, from 31 injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic 32 collisions 33 (d) Events or gatherings involving underage possession and consumption often occur outside the 34 presence of parents or other responsible adults. However, there are occasions when the 35 parent(s) or other adult(s) is/are present and condone(s) the acrivity, and, in some 36 circumstances, provide(s) the alcohol. 37 (e) Even though giving or furnishing alcohol to an underage person is a crime, it is difficult to 3R prove; therefore, an ordinance is necessary to help further combat underage consumption. 39 ( fl A deterrent effect will be created by holding person(s) criminally responsible for hosting or 40 allowing an event or gathering where underage possession or consumption of alcohol occws. 41 42 � q-2-�i �� :J 43 44 Secfion 3 45 Section 239.03 of the Saint Paul Legislarive Code is hereby created to read as follows: 46 47 Section 239.03. Definitions. 48 49 For the purposes of this Ordinance, the following terms shall have the meanings stated: 50 51 (a) Alcohol means ethyl alcohol, hydrated oxide of ethyl or spirits of wine, liqueur, cordials, whiskey, 52 rum, brandy, gin, or any other disrilled spirits including dilutions and mixtures thereof from whatever 53 source or by whatever process produced. 54 55 (b) Alcoholic beverage means alcohol, spirits, liquar, wine, beer, and every liquid or solid containing 56 alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by volume 57 and which is fit for beverage purposes either alone or when diluted, mixed or combined with other 58 substances. 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 (c) Adult means any person eighteen (18) years of age or older. (d) Underage Person means any person under the age of twenty-one (21) years. (e) Parent means any person having legal custody of a juvenile as a natural parent, adoptive parent, step parent, legal guardian, or a person to whom legal custody has been given by order of the court. ( fl Host or Allow means to aid, conduct, entertain, organize, supervise, control or permit an event or gathering. (g) Event or Gathering means any group of three or more persons assembled or gathered together far a social occasion or other activity. (h) Person means any individual, partnership, co-partnership, corporarion, or any association of one (1) or more individuals. A person does not include any city, county, or state agency. 75 76 (i) Person having control means any individual, partnership, co-partnership, corporation, or any 77 association of one (1) or more individuals or other legal person with a right of possession to the 78 premises on which the event or gathering takes place, including, but not limited to: 79 80 81 82 83 84 (1) an owner of the residence or other private property; (2) a tenant or lessee of the residence or other private property; or (3) the person(s) who organizes, supervises, officiates, conducts or controls the event or gathering, or any person(s) accepring responsibility for the event or gathering. 85 (j) Residence, Premises, or Public Property or Private Property means any location, including a 86 house, aparhnent, condominium, hotel or motel room, or other dwelling uniY, or a hall or meeting room, 87 yard, field, park, or any other place of assembly, whether occupied on a temporary or permanent basis, � �� / 'Z � �� :J 88 whether occupied as a dwelling or residence or specifically for a social or business funcrion, and 89 whether owned, leased, rented or used with or without permission or compensation. 90 91 (k) Take Reasonable steps means to conh�ol access to and the quantity of alcoholic beverages present 92 at the event or gathering and to verify the age of persons attending the event or gathering by inspecring 93 the driver's licenses or other goveruuient-issued identification cards of those present to ensure that 94 underage person(s) do not possess or consume alcohol or alwholic beverages while at the event or 95 gathering and to supervise the activities of underage person(s) at the event or gathering. .p ••� Section 4 99 Section 239.04 of the Saint Paul Legislative Code is hereby created to read as follows: 100 lol Section 239.04. Prohibited Acts and Penalty for Violation of Ordinance 102 103 (A) Prohibited Acts. It is unlawful for any person(s) to host or allow an event or gathering at any 104 residence, premises, or on any other public property or private property where alcohol or alcoholic 105 beverages are present when the person hosting or allowing the event or gathering lrnows or reasonably 106 should know that an underage person will or does: 107 los 109 110 (1) consume alcohol or an alcoholic beverage; or (2) possess alcohol or an alcoholic beverage with the intent to consume it; and 111 the person, hosring or allowing the event or gathering, fails to take reasonable steps to prevent such ll2 possession or consumption by the underage person(s). 113 114 115 116 117 118 119 (B) It is unlawful for a person to violate Section 4A if the person intentionally aids, advises, hires, counsels, or conspires with another or otherwise procures another to commit the prohibited act. (C) A person who hosts or allows an event or gathering does not have to be present at the event or gathering to be criminally responsible for a viola6on of Section 4A. I2o (D) Evidence. Whenever a person, having control of the premises, is present at the time when one (1) 121 underage person obtains, possesses, or consumes any alcoholic beverage, it shall be prima facie evidence 122 that the person, regardless of age, knew or reasonably should have known, that the underage person 123 obtained, possessed, or consumed an alcoholic beverage at the event or gathering. 124 125 126 127 128 129 130 131 132 It is prima facie evidence of a violation of this ordinance when at least one (1) person under the age of twenty-one (21) years is present, and the person under the age of 21 years has consumed alcohol ar is under the influence of alcohol or is in possession of a container of alcoholic beverages, and a container of alcoholic beverage is present. The following may be considered in determining prima facie evidence that a person has violated this ordinance: �� r 1' ': 133 (a) An advertisement or promotion of the event or gathering via invitarions, flyers, handbills, 134 posters or postings on social networks (e.g., MySpace, Facebook, Twitter, etc.), blogs, user- 135 generated videos (e.g., YouTube, Viddler, etc.), or mobile phone texring; 136 137 (b) An advertisement or promotion of the event or gathering and invitation to "Bring Your Own 138 Bottle" (a.k.a., "B.Y.O.B"), via invitafions, flyers, handbills, posters or postings on social networks 139 (e.g., MySpace, Facebook, Twitter, etc.), blogs, user-generated videos (e.g., YouTube, Viddler, 140 etc.), or mobile phone texting; 141 142 (c) An admission, cover, or other door fees to attend the event or gathering; 143 144 (d) Evidence of sales of alcohol or alcoholic beverages (such evidence may include, but is not 145 limited to, money, wristbands or other devices which represent admission, cover, or other doar fees 146 to attend the event or gathering, or alcohol or alcoholic beverages fees); 147 148 (e) Evidence of the physical presence of alcohol or alcoholic beverages in the residence, premises, 149 public property, or private property (such evidence may include, but is not limited to, the odor of 150 alcohol, or to the containers for consuming and holding alcohol or alcoholic beverages like cups, 151 cans, bottles, beer bongs, funnels, kegs, pony kegs, party pigs, punch bowls, party ba11s, or 152 pitchers); or 153 154 ( fl The presence of one (1) person under the age of 21 years who manifested any of the 155 characterisfics commonly associated with alcohol intoxication or impairment (such evidence may 156 include, but is not limited to, having measurable alcohol concentration on a portable breath testing 157 device generally accepted in the scientific community for measuring alcohol concentration). 158 159 Evidence of alcoholic beverage consuxnption could be obtained by use of a portable breathalyzer test. 1b0 161 (E) Penalty. A violation of this Ordinance is a misdemeanor. 162 163 164 Section 5 165 Section 239.05 of the Saint Paul Legislative Code is hereby created to read as follows: 166 167 Section 239.05. Exceptions. 168 169 A. This Ordinance does not apply to conduct of an underage person specifically authorized by his or her 170 parent while present in the parenYs household. 171 172 B. This Ordinance does not apply to legally protected religious observances. 173 174 C. This Ordmance does not apply to retail intoxicating liquor or 3.2 percent malt liquor licensees, 175 municipal liquor stores, or bottle club permit holders who are regulated by Minn. Stat. § 340A.503. 176 177 D. This Ordinance does not apply to law enforcement activiries supervised by a law enforcement agency. 178 � � 09-982 179 E. This Ordinance does not apply to situations where underage persons are lawfully in possession of 180 alcohol or alcoholic beverages during the course and scope of employment. 181 182 Secrion 6 183 184 Section 239.06 of the Saint Paul I,egislarive Code is hereby created to read as follows: 185 186 Secrion 239.06. Authority. 187 188 Pursuant to Minn. Stat. Section 145A.05, Subd.l, the City CounciI has the authority to enact laws which 189 promote the public health, safety, and general welfaze of its residents. 190 191 Section 7 192 193 Section 239.07 of the Saint Paul Legislative Code is hereby created to read as follows: 194 195 Section 239.07. Severability. 196 197 (a) If any section, subsection, sentence, clause, part, provision, phrase, word, or other portion of this 198 Ordinance is, for ay reason, held to be unconstitutional or invalid, in whole or in part by any court of 199 competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity 200 shall not affect the validity of the remaining portions of this chapter, which remaining portions sha11 201 continue in full force and effect. 202 203 Section 8 204 205 Section 239.08 of the Saint Paul Legislarive Code is hereby created to read as follows: 206 207 Section 239.08. Effective Date. 208 209 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and 210 publication. 211 Requested by Departrnent of. AdopUOn Certified by Council Secretary By: Approved by Mayor: Date By: Approved by the Office of Financial Services By: Approved by City Attorney B -2 �� I Approved b� fayor for Submissi � o Council By: � Adopted by Council: Date Council File # 09-982 Green Sheet # 3078556 ORDINANCE � CITY�SAINT PAUL, MINNESOTA Presented by � ,,�,�7 " - 1 An Ordinance Creating Chapter 239 Of The Saint Paul Legislative Code To 2 Establish The Crime Of Hosting and Allowing An Event or Gathering Where Alcohol Is Present and Being 3 Possessed or Consumed by Persons Under 21 years of age 5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 7 Section 9 Section 239.01 of the Saint Paul Legislative Code is hereby created to read as follows: 10 11 Section 239.01. Title. This Chapter shall be known as the "Social Host Ordinance." 12 13 Section 2 14 I5 Section 239.02 of the Saint Paul Legislative Code is hereby created to read as follows: 16 1 � Section 239.02. Purpose and Findings. The City Council intends to discourage underage possession and 18 consumption of alcohol, even if done within Yhe confines of a private residence, and intends to impose 19 criminal penalties on those person(s) who host events or gatherings where persons under 21 yeazs of age z0 possess or consume alcohol regardless of whether the person(s) hosting or allowing the event or gathering 2 t supplied the alcohol. 22 23 The City Council finds that: 24 25 (a) Alcohol is an addictive drug which, if used irresponsibly, could have dzastic effects on those 26 who use it as well as those who are affected by the actions of the irresponsible user. 2� (b) Events and gatherings held on private or public property where alcohol is possessed or 28 consumed by persons under the age of 21 are harmful to those persons and constitute a potential z9 threat to public health, safety and welfare requiring prevention or abatement. 30 (c) Prohibiting underage consumption protects underage persons, and the general public, from 31 injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic 32 collisions 33 (d) Events or gatherings involving underage possession and consumption often occur outside the 34 presence of parents or other responsible adults. However, there are occasions when the 35 parent(s) or other adult(s) is/are present and condone the activity, and, in some circumstances, 36 provide the alcohol. 37 (e) Even though giving or furnishing alcohol to an underage person is a crime, it is difficult to 38 prove; therefore, an ordinance is necessary to help further combat underage consumption. 39 (� A deterrent effect will be created by holding person(s) criminally responsible for hosting or 4o allowing an event or gathering where underage possession or consumption of alcohol occurs. 41 42 Section 3 Y �1 r G��j-Z-�3� �• •: Section 3 43 44 Section 239.03 of the Saint Paul Legislative Code is hereby created to read as follows: 45 a6 Section 239.03. Definitions. 47 48 For the purposes of this Ordinance, the following terms shall have the meanings stated: 49 50 (a) Alcohol means ethyl alcohol, hydrated oxide of ethyl or spirits of wine, liqueur, cordials, whiskey, s t rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever 52 source or by whatever process produced. 53 S4 (b) Alcoholic beverage means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing 55 alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by volume 56 and which is fit for beverage purposes either alone or when diluted, mixed or combined with other 57 substances. 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 (c) Adult means any person eighteen (18) years of age or older. (d) Underage Person means any person under the age of twenty-one (21) years. (e) Parent means any person having legal custody of a juvenile as a natural parent, adoptive parent, step parent, legal guardian, or a person to whom legal custody has been given by order of the court. ( fl Host or Allow means to aid, conduct, entertain, organize, supervise, control or permit an event or gathering. (g) Event or Gathering means any group of three or more persons assembled or gathered together for a social occasion or other activity. (h) Person means any individual, partnership, co-partnership, corporation, or any association of one (1) or more individuals. A person does not include any city, county, or state agency. 75 (i) Person having control means any individual, partnership, co-partnership, corporation, or any 76 association of one (1) or more individuals or other legal person with a right of possession to the 77 premises on which the event or gathering takes place, including, but not limited to: 7R 79 (1) an owner of Yhe residence or oYher private property; 80 (2) a tenant or lessee of the residence or other private property; or 81 (3) the person(s) who organizes, supervises, officiates, conducts or controls the event or 8z gathering, or any person(s) accepting responsibility for the event or gathering. 83 84 85 86 87 88 (j) Residence, Premises, or Public Property or Private Property means any location, including a house, apartment, condominium, hotel or motel room, or other dwelling unit, or a ha11 or meeting room, yard, field, park, or any other piace of assembly, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or residence or specifically for a social or business function, and whether owned, leased, rented or used with or without permission or compensation. � U�1 ° 2 �� • •: 89 90 (k) Take Reasonabie steps means to control access to and the quantity of alcoholic beverages present 91 at the event or gathering and to verify the age of persons attending the event or gathering by inspecting 92 the driver's licenses or other govemment-issued identification cards of those present to ensure that 93 underage person(s) do not possess or consume alcohol or alcoholic beverages while at the event or 94 gathering and to supervise the activities of underage person(s) at the event or gathering. 95 96 97 Section 4 98 Section 239.04 of the Saint Paul Legislative Code is hereby created to read as follows: 99 l00 Section 239.04. Prohibited Acts and Penalty for Violation of Ordinance lol 102 (A) Prohibited Acts. It is unlawful for any person(s) to host or allow an event or gathering at any t03 residence, premises, or on any other public property or private property where alcohol or alcoholic 104 beverages are present when the person hosting or allowing the event or gathering knows or reasonably ] os should know that an underage person will or does: 106 to7 los ]09 (1) consume alcohol or an alcoholic beverage; or (2) possess alcohol or an alcoholic beverage with the intent to consume it; and 11 o the person, hosting or allowing the event or gathering, fails to take reasonable steps to prevent such I 11 possession or consumption by the underage person(s). 112 1l3 u4 115 ]16 117 118 (B) It is unlawful for a person to violate Section 4A if the person intentionally aids, advises, hires, counsels, or conspires with another or otherwise procures another to commit the prohibited act. (C) A person who hosts or allows an event or gathering does not have to be present at the event or gathering to be criminally responsible for a violation of Section 4A. �] 9(D) Evidence. Whenever a person, having control of the premises, is present at the time when one (1) 12o underage person obtains, possesses, or consumes any alcoholic beverage, it shall be prima facie evidence t21 that the person, regardless of age, knew or reasonably should have known, that the underage person 122 obtained, possessed, or consumed an alcoholic beverage at the event or gathering. 123 124 It is prima facie evidence of a violation of this ordinance when at least one (1) person under the age of i 25 twenty-one (21) years is present, and the person under the age of 21 years has consumed alcohol or is 126 under the influence of alcohol or is in possession of a container of alcoholic beverages, and a container of ]2� t28 124 130 131 alcoholic beverage is present. The following may be considered in determining prima facie evidence that a person has violated this ordinance: i 32 (a) An advertisement or promotion of the event or gathering via invitations, flyers, handbills, t33 posters or postings on social networks (e.g., MySpace, Facebook, Twitter, etc.), blogs, user- 134 generated videos (e.g., YouTube, Viddler, etc.), or mobile phone texting; "0 " t7"1'y"�`� �� 135 136 Li7 138 139 140 141 142 (b) An advertisement or promotion of the event or gathering and invitation to "Bring Your Own Bottle" (a.k.a., "B.Y.O.B."), via invitations, flyers, handbills, posters or postings on social networks (e.g., MySpace, Facebook, Twitter, etc.), blogs, user-generated videos (e.g., YouTube, Viddler, etc.), or mobile phone texting; (c) An admission, cover, or other door fees to attend the event or gathering; 143 (d) Evidence of sales of alcohol or alcoholic beverages (such evidence may include, but is not 144 limited to, money, wristbands or other devices which represent admission, cover, or other door fees ta5 to attend the event or gathering, or alcohol or alcoholic beverages fees); 146 147 (e) Evidence of the physical presence of alcohol or alcoholic beverages in the residence, premises, �48 public property, or private property (such evidence may include, but is not limited to, the odor of t49 alcohol, or to the containers for consuming and holding alcohol or alcoholic beverages like cups, t5o cans, bottles, beer bongs, funnels, kegs, pony kegs, party pigs, punch bowls, party balls, or I5 t pitchers); or 152 t 53 ( fl The presence of one (1) person under the age of 21 years who manifested any of the 154 characteristics commonly associated with alcohol intoxication or impairment (such evidence may 155 include, but is not limited to, having measurable alcohol concentration on a portable breath testing 156 device generally accepted in the scientific community for measuring alcohol concentration). 157 158 Evidence of alcoholic beverage consumption could be obtained by use of a portable breathalyzer test. 159 t6o (E) Penalty. A violation of this Ordinance is a misdemeanor. 161 162 163 Section 5 164 Section 239.05 of the Saint Paul Legislative Code is hereby created to read as follows: 165 i66 Section 239.05. Exceptions. t67 168 A. This Ordinance does not apply to conduct of an underage person specifically authorized by his or her 169 parent while presentin the parent's household. 170 17t B. This Ordinance does not apply to legally protected religious observances. 172 ] �3 C. This Ordinance does not apply to retail intoxicating liquor or 3.2 percent malt liquor licensees, t �a municipal liquor stores, or bottle club permit holders who are regulated by Minn. Stat. § 340A.503. 175 1 �6 D. This Ordinance does not apply to law enforcement activities supervised by a law enforcement agency. 177 178 E. This Ordinance does not apply to situations where underage persons are lawfully in possession of 1�9 alcohol ar alcoholic beverages during the course and scope of employment. tso �l3��Z��`7 �m �s� t82 183 184 185 186 187 188 189 190 ]91 192 193 I94 195 196 197 198 199 200 201 202 203 204 205 206 2�7 208 209 210 211 Section 6 Section 239.06 of the Saint Paul Legislative Code is hereby created to read as follows: Section 239.06. Authority. Pursuant to Minn. Stat. Section 145A.05, Subd.l, the City Council has the authority to enact laws which promote the public health, safety, and general welfare of its residents. Section 7 Section 239.07 of the Saint Paul Legislative Code is hereby created to read as follows: Section 239.07. Severability. (a) If any section, subsection, sentence, clause, part, provision, phrase, word, or other portion of this Ordinance is, for ay 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 chapter, which remaining portions shall continue in full farce and effect. Section 8 Section 239.08 of the Saint Paul Legislative Code is hereby created to read as follows: Section 239.08. Effective Date. This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. Yeas Nays Absent Bostrom Caner Harris Helgen Lanhy Stazk Thune Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor. Date By: Requested by Department of: By: Approved by the Office of Financial Services By: Approved by 'ty Attorney B . U�'Z' � `l Approved� ayor for Submis � n to C cil By: - 14/V7/2009 WED 9:a2 FAY 651 6$6 6639 MACALE$TER DOdR OE $tdnt NIACALL51'LR C,OLI.F.GF. . ♦ ♦ i, � , . 1`�z'�I�t �� Vtcn Pxrsu�rs;r ro�i S i une..�vr:L�e" r<oo Grv,�.n AvevvE Tev 6n-696-6±zo S:,irv� Ywui _Vitvc:�sor,: F.u:6�i-696-C(��c S�'�5 xn+�w.macics[r.cdu October 5, 2009 Mr. Russ Stark St. Paul City Council 15 West Kellogg Boulevard St. Paul, MN 55102 Deaz Councilmember Stark, �001/OOi C�-G gZ Thank you for mccting wifh Tom Welna and me aboui ihe proposed City's Social Host Ordinancc. As we discussed, Macalesler College is concemed about underage drinking and both the personal risk for our students and the result3nt negative behavior when alcohol is Abused. Thank you for proposing tlus ordinance. I am happy to write a letter supporting the spirit of the ordinanCe. Eliminating acuvities that allow undcrage clrinking wil] undoubtedly help to reduce risk lox our underape students. We applaud the City Council and the City Attomey's Ofiice f'or proposing an ordinance that can assist with thesc efforts. I still have reserva4ons about holding people legally responsible for "liosting" whez� they are not pi�esent or have no knowledbe of the activity. I appreciate hearing from the City Attonie;�'s O�ce that students will not be held liable if they can prove they were urzaware, not present or did not endorse the evcnt. Tl�ank you again for sponsoring tlais ordinance. Macalester College looks forward to working with the City in decreasing the risks and problems associated with undcragc drinking. Sincerely, G��x�� Lauzie S. Hamre Vice Presidentfor Student Affairs C: Yamy Vang, Assistant City Attorney