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HomeMy WebLinkAbout2026-09CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE 2026-09 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING CHAPTER 13, BY ADDING A NEW SECTION 13.00.040 RELATING TO SOCIAL HOSTS SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Chapter 13 of the City's Code of Ordinances is hereby amended by adding a new Section 13.00.040 to read as follows: 13.00.040 Social Hosts (a) Purpose and findings. The City Council intends to discourage underage consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons responsible who host events or gatherings where persons under 21 years of age consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The City Council finds that: (1) Events and gatherings held on private or public property where alcohol is consumed by persons under the age of 21 are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement. (2) Events and gatherings held on private or public property where alcohol is consumed by persons under the age of 21 disturb neighbors, damage property, and jeopardize their own or others' safety. (3) Events and gatherings held on private or public property where alcohol is consumed by persons under the age of 21 are responsible for a disproportionate expenditure of public safety resources. (4) Prohibiting underage consumption acts to protect underage persons and the general public from injuries related to alcohol consumption. (5) A deterrent effect will be created by holding a person responsible for hosting an event or gathering where underage consumption occurs. (b) Definitions. Alcohol means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, or any other digestible including dilutions and mixtures thereof. Event or Gathering means any group of three or more persons who have assembled or gathered together for a social occasion or other activity. LA515\1\1100998.v1 Host or Allow means to aid, conduct, sponsor, entertain, organize, supervise, control, or permit a gathering or event. Parent means any person having legal custody of a juvenile as a natural parent, adoptive parent, stepparent, legal guardian, or other person granted legal custody by court order. Person. Any individual, partnership, corporation, company, association, or other legal entity. Residence or Premises means any location, including a home, yard, apartment, condominium, hotel or motel room, park, hall, meeting room, or any other public or private place of assembly. Underage Person means any individual under 21 years of age. (c) Prohibited Acts. (1) It is unlawful for any person to host or allow an event or gathering at any residence or premises where alcohol or alcoholic beverages are present and underage persons may also be present if the person hosting the event or gathering knows or reasonably should know that an underage person will or does consume alcohol or an alcoholic beverage. (2) A person is responsible for violating this section if the person intentionally aids, advises, hires, counsels, conspires with, or otherwise procures another person to commit a prohibited act. (3) A person who hosts an event or gathering need not be present at the event or gathering to be responsible under this section. (d) Exceptions. (1) This section does not apply to conduct solely between an underage person and the person's parent or guardian while present in the parent's or guardian's household to the extent permitted by Minnesota law. (2) This section does not apply to legally protected religious or native observances or practices. (3) This section does not apply where an underage person lawfully possesses alcohol during the course and scope of employment. (4) This section does not apply to activities otherwise authorized by Minnesota law. (e) Penalty. Any person who violates this section is guilty of a misdemeanor and may be punished as provided by the Lake Elmo City Code and Minnesota law. LA515\1\I100998M SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 2026-09 was adopted on this 21" day of July, 2026, by a vote of G Ayes and b Nays. LAKE ELMO CITY COUNCIL e � G � Charles Cadenhead, Mayor ATTEST: J ie ohn o City Clerk LA515\1\1100998A