ORDINANCE NO. 2011-03 AN ORDINANCE OF THE CITY OF GRAND MARAIS, MINNESOTA, AMENDING GRAND MARAIS CODE, CHAPTER 46, OFFENSES AND MISCELLANEOUS PROVISIONS THE CITY COUNCIL OF THE CITY OF GRAND MARAIS DOES ORDAIN (deleted material is lined out; new material is underlined; subsections which are not being amended are omitted): Section 1. That Chapter 46 of the City Code of Grand Marias, Minnesota, which chapter is entitled “Offenses and Miscellaneous Provisions” be amended to add Sec. 46-9. Social host, as follows: Sec. 46-9. – Social host. (a) Purpose and Findings. The Grand Marais 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 if they 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 has supplied the alcohol. The Grand Marais City Council finds that: (1) Events and Gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of twenty-one may be harmful to those persons and constitute a potential threat to public health. (2) Prohibiting underage consumption protects underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic crashes. (3) Alcohol is an addictive drug that, if used irresponsibly, can have adverse effects on the user and on people affected by the actions of the user. (4) Events or Gatherings involving underage possession and consumption often occur outside the presence of parents; however, there are times when the parents are present and condone the underage consumption of alcohol and even provide the alcohol for such underage consumption. (5) Giving or furnishing alcohol to an underage person is a crime, and this ordinance will assist law enforcement in combating underage consumption in the City of Grand Marais and consistently throughout Cook County. (6) A deterrent effect will be created by holding adults criminally responsible for hosting events or gatherings where underage possession or consumption occurs. (b) Authority. This Ordinance is enacted pursuant to Minn. Stat. §145A.05 subdivision 1. (c) Definitions. For purposes of this Ordinance, the following terms have the following meanings: (1) “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. (2) “Alcoholic beverage” means 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. (3) “Event or Gathering” means any group of three or more persons who have assembled or gathered together for a social occasion or other activity. (4) “Host” means to aid, conduct, allow, entertain, organize, supervise, control, or permit a Gathering or Event. (5) “Parent” means any person having legal custody of a juvenile as: (i) natural, adoptive, or step parent; (ii) legal guardian; or (iii) a person to whom legal custody has been given by order of the court. (6) “Person” means any individual, partnership, co-partnership, corporation, or any association of one or more individuals. (7) “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. (8) “Underage Person” is any individual under twenty-one (21) years of age. (d) Prohibited Acts. (1) It is unlawful within the City limits for any Person(s) to host or allow an Event or Gathering at any Residence, Premises, or any other private or public property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an Underage Person will or does consume or 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 any Underage Person. (2) A Person is criminally responsible for violating Subdivision 4(1) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. (3) A Person who hosts an event or gathering as described in Subdivision 4(1) above does not have to be present at the event or gathering to be criminally responsible. (e) Exceptions. This Ordinance does not apply to: (1) Conduct solely between an Underage Person and his or her parent(s) in the parent’s home or presence. (2) Legally protected religious observances. (3) Retail intoxicating liquor or 3.2 percent malt liquor licensees, municipal liquor stores, or bottle club permit holders, which are regulated by MS §340A.503 Subd. 1(a)(1). (4) Situations where Underage Persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of their employment. (f) Enforcement. Any law enforcement officer authorized to enforce the law in the City of Grand Marais may enforce the terms of this Ordinance. (g) Severability. If any 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. (h) Penalty. Violation of the terms of this Ordinance is a misdemeanor, subject to a maximum fine of $1,000 and 90 days in jail or both. Section 2. That this ordinance shall take effect from and after its passage and publication. Passed by the City Council of the City of Grand Marais this 12th day of October, 2011. Attest: Larry Carlson, Mayor Michael Roth City Administrator First Reading: Date: September 28, 2011 Ayes: Carlson, Kennedy, Lenz, Sivertson, Spry Nays: Absent: Abstain Second Reading: Date: October 12, 2011 Ayes: Carlson, Kennedy, Lenz, Sivertson, Spry Nays: Absent: Abstain ORDINANCE 2011-02