Ord 455 Amend Title 4 NuisancesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 455
AN ORDINANCE AMENDING TITLE 4 NUISANCES
OF THE CITY CODE
REGARDING SOCIAL HOSTS
The City Council of the City of Mendota Heights, Minnesota does ordain:
SECTION 1. Mendota Heights City Code Title 4 is amended by adding Chapter 6. Social
Host as follows:
SECTION:
4 -6 -1: Purpose and Findings
4 -6 -2: Definitions
4 -6 -3: Prohibited Acts
4 -6 -4: Penalty
4 -6 -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
supplies the alcohol. The City Council finds:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) Even though giving or furnishing alcohol to an unrelated underage person is a crime, it is
difficult to prove, and an ordinance is necessary to help further combat underage
consumption.
(6) A deterrent will be created by holding a person criminally responsible for hosting an
event or gathering where underage possession or consumption of alcohol occurs.
Ordinance 455 Page 1
4 -6 -2: DEFINITIONS: The following words, terms, and phrases, when used in this section, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning.
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 gather
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, such as a natural, adoptive
parent, or stepparent, 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 means any individual under twenty -one years of age.
4 -6 -3: PROHIBITED ACTS:
(1) 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 or reasonably should know that an underage person
will or does:
a. consume any alcohol or alcoholic beverage; or
b. 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).
(2) A person is criminally responsible for violating this Section if the person intentionally
aids, advises, hires, counsels, or conspires with another to corrunit the prohibited act.
Ordinance 455 Page 2
(3) A person who hosts an event or gathering does not have to be present at the event or
gathering to be criminally responsible for a violation of this Section.
(d) Exceptions. This section does not apply to the following persons or situations:
(1) Conduct solely between an underage person and his or her parents while present in the
parent's household.
(2) Legally protected religious observances.
(3) Licensed retail sellers of intoxicating liquor or 3.2 percent malt liquor licenses, municipal
liquor stores, or bottle club permit holders who are regulated by Minnesota Statutes
340A.
(4) A landlord, mortgagee, hotel or motel owner or operator who has not actually
participated in knowingly furnishing alcohol for an event or gathering.
(5) Medical procedures or treatment authorized by a physician.
(6) Law enforcement activities supervised by a law enforcement agency.
(7) When underage persons are lawfully in possession of alcohol or alcoholic beverages
during the course and scope of employment.
4 -6 -4: PENALTY:
(1) A. Violation; Penalties: Violation of a provision of this code is a misdemeanor and, upon
conviction thereof, a person may be punished by a fine of not more than one thousand dollars
($1,000.00), or such other amount set by law, or imprisonment for a tern not to exceed
ninety (90) days, or such other term set by law, or both. Each act of violation and each day on
which a violation occurs or continues is a separate violation.
SECTION 2. Effective Date. This ordinance shall be in force upon its adoption and
publication.
Adopted and ordained into an Ordinance this 3rd day of December, 2013.
CITY COUNCIL
CIT ! MENDOTA HEIGHTS
ATTEST
Lorri mith, City Clerk
Ordinance 455
and • Krebsbac ayor
Page 3
SUMMARY PUBLICATION
CITY OF MENDOTA HEIGHTS ORDINANCE NO. 455
SOCIAL HOSTS
The City Council of the City of Mendota Heights, MN ordains:
The City of Mendota Heights Code of Ordinances, Title 4, is hereby
amended by adding Section 6, regarding Social Hosts as it pertains to
the possession and consumption of alcohol by underage persons.
People are prohibited from hosting an event or gathering where they
know or should reasonably know that underage persons will be at
and possessing or consuming alcohol.
The complete text of Ordinance 455 may be obtained at City Hall
or from the City's website at www.mendota- heights.com
Adopted /ordained this third day of December, 2013.
CITY COUNCIL OF MENDOTA HEIGHTS
/s /Sandra Krebsbach, Mayor
Attest:
/s/ Lorri Smith, City Clerk
Ordinance 455 Page 4