Memo- Social Host Ordinance ProposalTo: Honorable Mayor and members of the City Council
CC: Mike Mornson, City Manager
From: Mike Reynolds, Chief of Police
Date: August 18, 2011
Re: Social Host Ordinance Proposal
I will be at the work session on August 23rd to discuss a social host ordinance for the City of Hopkins. Along
with me will be Captain Tony Hanlin and City Attorney Jason Hutchison. As you are aware, we have
partnered with One Voice for reducing youth chemical use in our community. Many of our neighboring
cities already have an ordinance in place for an added tool that police can use when encountering youth
using chemicals, in particular alcohol and/or controlled substances on property that is in the control of
adults. The state statute threshold is extremely difficult for us to prosecute adults who may be furnishing or
providing a place for these youth to consume their alcohol illegally. More times than not, adults will not face
any criminal charges, due to the lack of evidence to prosecute them through our state statute system. By
passing our proposed ordinance on social hosts, this gives the police another tool to use to hold adults
accountable who are hosting parties where our youth are consuming alcohol and other controlled
substances.
Section 2015 - Open House Parties / Social Host Ordinance
2005.01. Definitions. For the purpose of this Section, the following terms shall have the stated
meanings:
a) Alcoholic Beverage. Any beverage containing more than one-half of one percent of alcohol by
volume.
b) Control. The present right of possession of a residence or premises; or the right to exclude
persons from a residence or premises.
c) Controlled Substance. Any drug, substance or immediate precursor so defined in M.S. 152.01.
d) Minor. A person not legally permitted by reason of age to possess alcoholic beverages pursuant
to the provisions of this Code and State law.
e) Residence or Premises. A home, apartment, condominium, hotel room, dwelling unit, meeting
room, hall, or curtilage thereof, whether occupied on a temporary basis or permanent basis, whether
occupied as a dwelling or utilized for a social function, whether owned, rented, leased or under the control
of any person or persons of such residence or premises.
f) Open House Party. A social gathering of persons at a residence or premises. However, a social
gathering attended only by the owners or those with rights of possession of the residence or premises, or
their immediate family members, is not an open house party for purposes of this Section.
2015.02. Acts Prohibited. Subdivision 1. No person having control of any residence or
premises shall allow an open house party to take place knowing or having reason to know that any
alcoholic beverage or controlled substance is being possessed or consumed by any minor.
Subd. 2. Notwithstanding the foregoing, nothing in this Section shall impair or criminalize
conduct permitted by Minn. Stat. Section 340A.503, subd. 1(2).
Subd. 3. A violation of this section is a misdemeanor.
2015.03. Severability. If any section, subsection, sentence, clause, part, provision, phrase,
word, or other portion of this Section 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 Section,
which remaining portions shall continue in full force and effect.