RESOLUTION APPROVING AN SWIFT COUNTY SOCIAL HOST ORDINANCE

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PART II

Subdivision 4.  Prohibited Acts.
A. It is unlawful for any person(s) to:
(1) host, or allow an event or gathering;
(2) at any residence, premises, or on any other private or public property;
(3) where alcohol or alcoholic beverages are present;
(4) when the person knows or reasonably should know that an underage person will or does;
        i. consume any alcohol or alcoholic beverage; or
        ii. possess any alcohol or alcoholic beverage with the
           intent to consume it; and
(5) the person fails to take reasonable steps to prevent possession or consumption by the underage person(s).
B. A person is criminally responsible for violating Subdivision 4(a) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act.
C. A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible.

Subdivision 5.  Exceptions.
A. This ordinance does not apply to conduct solely between an underage person and his or her parents while present in the parent’s household.  
B. This ordinance does not apply to legally protected religious observances.
C. This ordinance does not apply to retail intoxicating liquor or 3.2 percent malt liquor licensees, municipal liquor stores, or bottle club permit holders who are regulated by Minn. Stat. §340A.503  Subd. 1 (a) (1).
D. This ordinance does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.

Subdivision 6.  Enforcement.  This ordinance can be enforced by any licensed peace officer in the state of Minnesota.

Subdivision 7. Severability.  If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance 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 law, which remaining portions     shall continue in full force and effect.

Subdivision 8. Penalty.  Violation of Subdivision 4 is a misdemeanor.

Subdivision 9. Publication.  The County Administrator is directed to certify the passage of the Ordinance
and cause this Ordinance to be published in the designated newspaper by the County Board of
Commissioners, circulated in the County of Swift, State of Minnesota.

Subdivision 10. Effective Date.  This ordinance shall take effect thirty (30) days following its final passage
and adoption.

Commissioner Hendrickx seconded the resolution and upon a vote taken thereon, the
Following voted: INFAVOR THEREOF: Fox, Hendrickx, Peterson, and Rudningen
OPPOSED: Klemm
Whereupon the resolution was declared duly passed and adopted. September 3, 2013                                            
Swift County Board of Commissioners
Joe Fox, Chairman

Attest:
Michel Pogge-Weaver, County Administrator

Approved as to form and execution:
Robin Finke
County Attorney


STATE OF MINNESOTA    )
            )ss.
COUNTY OF SWIFT    )

I, Michel J. Pogge-Weaver, County Administrator and Clerk of the Board, for the County of Swift, State of Minnesota, do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Swift County, Minnesota at their session held on the 3rd day of September, 2013, now on file in the Swift County Administrator’s Office, and have found the same to be a true and correct copy thereof.  Additionally, I certify that a public hearing and first reading of the ordinance occurred on August 20, 2013 and the second reading and final passage of the ordinance occurred on September 3, 2013.

                Michel J. Pogge-Weaver
County Administrator and Clerk of the Board
9-11-1c
 

 

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