Memo- Social Host OrdinanceTo:
City Council
From:
Mike Reynolds, Chief of Police
Date:
September 22, 2011
Re:
Social Host Ordinance
On September 15, 2011 1 met with Lisa Peilen, Director of Municipal Affairs for the Minnesota Multi Housing
Association concerning the Social Host Ordinance in which you were presented with during the first reading
at the September 6th council meeting. I met with Ms. Peilen along with Todd Liljenquist who is the Director
of Government Relations for the Minnesota Multi Housing Association in my office. This meeting took place
in response to Mayor Maxwell's request that we meet. Mayor Maxwell asked that I sit down with Ms.
Peilen to see if we could come to some sort of agreement prior to the second reading at the September 27`h
council meeting.
During our discussion, I presented both Ms. Peilen and Mr. Liljenquist with a revised document concerning
our Social Host Ordinance. We discussed the one minor addition to the proposed ordinance and we are
both in agreement to proceed forward with the newer version. I request that we put the second reading of
• the proposed Social Host Ordinance on the Consent Agenda for the September 27`h council meeting.
Please view the attached newer version of the proposed Social Host Ordinance. I have highlighted in red
the additional sentence.
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0 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, picnic
shelter, 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. This Section does not apply to any person or entity holding a rental license under
Hopkins Ordinance 407.05 who has not actively participated in hosting or allowing an event where
alcohol is served.
Subd. 4. 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.
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