City Code

9.70: Social Host Liability.

Editor's Note - Former section 9.70, which pertained to rules governing public parks, was repealed by section 3 of a February 25, 1987 ordinance.

1.000 Definitions
For purposes of this ordinance, the following terms have the following meanings:
  1. 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.
  2. 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.
  3. 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.
  4. Host. “Host” means to aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event.
  5. 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.
  6. Person. “Person” means any individual, partnership, co-partnership, corporation, or any association of one or more individuals.
  7. 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.
  8. Underage Person. “Underage person” is any individual under twenty-one (21) years of age.

(Ord. of 11-13-2007)
2.000 Prohibited Acts
  1. 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
      1. consume any alcohol or alcoholic beverage; or
      2. 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).
  2. A person is criminally responsible for violating Subdivision 2(a) 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 does not have to be present at the event or gathering to be criminally responsible.

(Ord. of 11-13-2007)
3.000 Exceptions
  1. This ordinance does not apply to conduct solely between an underage person and his or her parents while present in the parent’s household. 
  2. This ordinance does not apply to legally protected religious observances.
  3. 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.503 Subd.1(a)(1).

(Ord. of 11-13-2007)