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HomeMy WebLinkAboutSocial Host Ordinance Research POLICE DEPARTMENT CITY OF OAK PARK HEIGHTS 14168 Oak Park Blvd. N. a P.O. Box 2007 Brian DeRosier Oak Park Heights, Minnesota 55082 Chief of Police Telephone: (651) 439 -4723 10 Fax: (651) 439 -3639 Emergency: 911 To: Oak Park Heights Mayor and City Council From: Chief Brian DeRosier Date: July 8th, 2010 Subject: Social Host Ordinance In September, 2007 the city of Chaska, MN became the first municipality in Minnesota to pass a social host ordinance (SHO). Social host ordinances allow law enforcement to criminally cite any person who "hosts" a social event where underage drinking is present. Since 2007, several other municipalities and counties have responded with their own SHOs. I have identified at least 14 cities and one county in the seven county Minneapolis -St. Paul metropolitan area that have implemented SHOs since 2007. The ordinance is another tool to the deterrent and enforcement of under 21 consumption of alcohol. The City of Oak Park Heights has not had a significant problem with the hosting of underage parties in the past; however we do respond to them numerous times during a year. These parties consume a large amount of time on the part of officers at the scene to investigate and ensure the safety of the participants and the neighborhood. This ordinance would provide officers with a tool for enforcement of problem residences or hosts. The Oak Park Heights Police Department is active in the prevention and enforcement of under 21 persons obtaining and using alcohol and this ordinance in place could assist with deterrence as well. Deterrence and awareness of the ordinance can be created by the use of a printed flyer distributed at city functions, displayed at participating licensed intoxicating liquor retailers, posting on city web site, inclusion in city newsletter, distribution at alcohol awareness functions at the SWAHS, or other avenues. THE PROBLEM Minnesota already makes it illegal for a person under the age of 21 to possess or consume alcoholic beverages (MS Chapter 340A). Additionally, it is a gross misdemeanor for any person to furnish alcohol to another person under the age of 21, with certain exceptions such as a parent to child while at their own residence. We already know that drinking is a serious problem in the United States for all ages. It contributes to developmental issues, health problems, injuries and fatalities due to driving while intoxicated, assaults, rape, property damage, disturbing the peace, and many other things. Not only does it represent a health problem for the offenders, but it also represents a clear and present danger to other innocent motorists on the roadways when offenders chose to drive, and a significant drain on the medical system for treatment of alcoholism and intoxication. Frequently, the police will be dispatched to the same party several times over the course of an evening or to a repeated address over a calendar period. This can represent a significant use of personnel and resources to fully process a scene and investigate to determine who has been furnishing the alcohol. Typically, it is very difficult to determine who furnished the alcohol with enough certainty to reach the level of which is required to actually arrest and prosecute someone. This presents a problem when trying to deter the occurrence of loud and disruptive underage parties. i Besides the over - utilization of police resources, underage parties also significantly impact the peace and serenity of neighborhoods. After all, typically, the complainant in an underage party call is a neighbor (or neighbors) who can't get to sleep. An answer to these problems appears to be the social host ordinance. The SHO will make it much easier for the Oak Park Heights Police Department to prosecute those who host underage parties which will in turn have a deterrent effect on underage parties. The use of a SHO is a tool to be used with or as needed when other charges cannot be supported. OTHER MUNICIPALITIES /COUNTIES WITH SOCIAL HOST ORDINANCES St. Paul Chaska Lakeville Rosemount Prior Lake Minnetonka Apple Valley Crystal Roseville South St. Paul Jordan Ramsey Scott County Cottage Grove RESEARCHING LOCAL ORDINANCES As mentioned, there are currently at least 14 local governments in the metropolitan area that have SHOs in place. I was able to review several of these ordinances. They were virtually identical except for some small wording changes from city to city. BASIC WORDING OF A SOCIAL HOST ORDINANCE Most SHOs share the same basic language: • The social host knows or reasonably should know that alcohol is being possessed or consumed by underage persons at their residence or premises or at any event they are hosting on public or private property. • The social host fails to take reasonable steps to prevent possession or consumption by the underage person or persons. ADDRESSING CONCERNS OF CRITICS A criticism lodged against SHOs is the fear that completely innocent persons (such as parents or landlords) may be criminally liable under the ordinance for underage parties that they had no knowledge of. This is not true. As the basic wording above states, the suspect must know or reasonably know that alcohol is being possessed or consumed by underage persons. This means that parents who are vacationing, for instance (and have no idea that their high school age son is hosting an underage party), will not be cited under this ordinance. The son may be cited. The only way they could be charged is if it can be proven that they knew or should have reasonably known that their underage son was allowing an underage party. Social Host Ordinance Attached is a copy of a SHO. This is a model ordinance presented by the MN Attorney General's office with changes to conform to our city numbering. This ordinance model is virtually identical to others I reviewed. The consistency of ordinances will add to the validity and understanding of the ordinance by the courts and public. i Public Education I have also attached a sample flyer to place at retail liquor establishments, display / provide at City Hall, and display / hand out at various public outreach events we conduct. I have contacted WC Public Health and there may be some funding available to help offset the costs involved in printing of these flyers and posters. No commitment can be made unless an ordinance is passed and dependant on the budgetary timing. Why Is Underage Important Telephone Numbers, Drinking a Problem? • Ambulance, Fire, Police Emergency 9 -1 -1 • MN Mothers Against Drunk Driving 800 - ITS -MADD • National Addiction Assistance Helpline 800 -559 -9503 • National research shows • Alcoholics Anonymous 800- 245 -1377 that 57% of persons under • Al -Anon / Al Teen Resource Svcs. 651- 771 -2208 21 revorted • Crisis Connection 612 - 379 -6363 • Bridges to Safety 651- 266 -9901 drinking at friends homes. . MN Domestic Violence Crisis Hotline 866- 223 -1111 • Nat'l Domestic Violence Hotline 800 - 799 -SAFE • Underage drinking is a factor in nearly half of • Nar -Anon Families & Friends 800- 484 -7385 all teen automobile crashes and 50% - 65% of 'Narcotics Anonymous Helpline 952 - 989 -3939 • National Hopeline Network — 800 - SUICIDE youth suicides. 2 Alcohol abuse is linked to as Suicide Prevention Hotline many as two - thirds of all sexual assaults and • National Runaway Switchboard 800- RUNAWAY date rapes of teens and college students. 3 • National Youth Crisis Hotline 800- 448 -4663 City of Oak Park Heights • Parents Anonymous/Family Helpline 800 -843 -5437 • Poison Control Center 800 - 222 -1222 • Research shows people who begin drinking • Rape Crisis Hotline 800- 656 -HOPE alcohol as adolescents are more likely to • Rape & Sexual Abuse Center Hotline 612 -825 -4357 become chemically dependent. • Sexual Violence Center 612- 874 -5111 • United Way Community Resource Hotline 2 -1 -1 • Underage drinking parties pose a high risk to young people because of the number of USEFUL VVEBSITES • Minnesota MADD www.maddmn.org drinkers involved and the large quantities of . Hero Campaign www.herocamaaien.org alcohol consumed. These parties often result • Parent Helpline & Support www.linkun- Darents.com in alcohol poisoning, traffic crashes, property • Parents — The Anti -Drug www.theantidrue.com damage, sexual assault, and other crimes and • National Institute on Drug Abuse www.nida.nih.Qov • Alcoholics Anonymous violence. www.alcoholics- anonvmous.orre • AI -Anon / Al Teen Resource Services www. Al- Anon - Alateen -msm ors • Narcotics Anonymous www.naminnesota.org • For Teenagers www.abovetheinfluence.com Contact the Oak Park Heights Police Department at 911 to report parties or gatherings where minors have access to alcohol. Substance Abuse and Mental Health Services Your call may prevent... Administration, Office of Applied Studies, 2008; National Center on Addiction and Substance Abuse, 2002; and . Motor vehicle crashes American Medical Association, Office of Alcohol /Drug . Sexual assault Abuse, 2001. . Unintentional injuries National Institute on Alcoholism and Alcohol Abuse. 3 . Alcohol poisoning American Medical Association, Office of Alcohol /Drug Abuse, 2001. What Is The Social Host Ordinance? 5. Be courteous to your neighbors and Why Is There A Need For This Ordinance? The Social Host Ordinance would hold keep the party noise down. individuals (social hosts) criminally responsible 6. Refuse entrance to uninvited • This law was enacted to prevent underage for hosting or allowing an event or gathering on guests, especially the ones who drinking parties and hold the hosts of such private or public property where persons under 21 arrive at the door with alcohol or parties accountable since many youth obtain years of age consume alcohol, regardless of who are already intoxicated. alcohol through social sources such as older supplied the alcohol. 7. Call the Police for assistance with friends, siblings, parents and/or strangers. uninvited guests. • It is worded carefully to target chronic This ordinance applies to situations in which: offenders whose guests' behavior disturbs • The social host knows or reasonably What Is The Penalty For Violating This their neighbors, damages property, over - should know that alcohol is being Ordinance? utilizes public safety resources and/or consumed by persons under 21 years of A violation of this ordinance is a jeopardizes their own or others' safety. age misdemeanor, subject to a maximum • The social host fails to prevent penalty of 90 days in jail and/or a $1000 Will I Be Held Liable If I Am Away For The consumption by the underage person(s) at fine. Weekend And My Kids Have A Party At My any event that s /he is hosting on public or Home? private property. Are There Any Exceptions? The ordinance does not apply to... • No. If you did not know about the party, Under this ordinance, the social host does not • Conduct solely between an underage person event, or gathering. have to be present at the party, event or gathering and his/her parents in the parents' to be criminally responsible. household. • Yes. If you knew about the party or had • Legally protected religious observances. • Facilities otherwise licensed (bars, liquor reason to know that underage drinking What Is An "Event or Gathering ?" stores etc.). was occurring and did nothing to prevent , An "event or gathering" means a group of persons it. • Situations where underage persons are who have assembled on private property or in a lawfully in possession of alcohol during the public place for a social occasion or social course of employment. If My Housemate Hosts a Party in Our activity. • Law enforcement activities supervised by a Apartment While I Am Away, Can I Still Be law enforcement agency. Held Criminally Liable? What Steps Should You Take To Be A • Landlord, mortgagee, college, university, Maybe. It depends on what knowledge you have Responsible Social Host? hotel /motel owner and operator who has not about the party and what actions, if any, you The steps you take to protect your guests, yourself actually participated in hosting or allowing took to prevent it. and others will reduce your exposure to alcohol- the party where alcohol is present. related liability. If you are hosting a party where Can I Be Held Liable if my Tenant Has an persons under 21 years of age are present, you Isn't Underage Drinking Already Underage Drinking Party on My Property? should... Illegal? Maybe. It depends on whether or not you 1. Verify the age of guests. Yes. Minnesota law prohibits minors actually participated in hosting or allowing the 2. Control access to alcohol. under age 21 from purchasing, possessing party where alcohol was present. 3. Control the quantity of alcohol. or consuming alcohol. It also prohibits 4. Supervise persons under 21 years of age. adults from furnishing alcohol to minors.