URBAN GOVERNMENT MODEL SOCIAL HOST ORDINANCE

ORDINANCE NO. ______

AN ORDINANCE IMPOSING ACCOUNTABILITY AND LIABILITY ON ADULTS PERMITTING MINORS TO OBTAIN, POSSESS, OR CONSUME ALCOHOLIC BEVERAGES ON PROPERTY OR PERMISES UNDER THEIR CONTROL

WHEREAS, unsupervised parties, gatherings, or events on private property where alcohol is consumed by minors are not only unlawful but often a cause of disturbances; and

WHEREAS, the ability of law enforcement officials to abate loud and disturbing parties, gatherings, or events where alcohol is consumed by minors on private property will result in a decrease of abuse of intoxicants by minors, physical altercations and injuries, neighborhood vandalism, and excessive noise disturbance and thereby improve public safety; and

WHEREAS, the control of parties, gatherings, or events on private property where minors are consuming alcohol is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public; and

WHEREAS, the necessity for law enforcement officials to appear at the location of such parties, gatherings, or events constitutes a burden on the personnel and other resources of local government, often reducing, at least temporarily, the level of police protection available to other areas of the community; and

WHEREAS, all such circumstances create a significant hazard to the safety of law enforcement officials and to the pubic in general and constitute a public nuisance; and

WHEREAS, statutes enacted by the Commonwealth of Kentucky do not preempt imposing civil liability for the purposes of cost recovery upon persons who allow premises under their control to be used for underage drinking; and

WHEREAS, the consumption of alcohol by minors is harmful to the health, safety, and welfare of the community, and imposing both criminal and civil liability on adults permitting such conduct is an effective means to prevent consumption of alcohol by minors;

NOW, THEREFORE, BE IT ORDAINED BY THE URBAN GOVERNMENT OF ______, COMMONWEALTH OF KENTUCKY, AS FOLLOWS:

SECTION 1.  DEFINITIONS.

For the purpose of this Ordinance, the following definitions apply:

1. “Adult”- Any person 18 years of age or older.
2. “Alcohol”- Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
3. “Alcohol Beverage”- Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing one-half of one (1) percent or more alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
4. “Guardian”- (1) A person who, under court order, the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.
5. “Juvenile”- Any person under 18 years of age.
6. “Knowingly”- When with respect to conduct or to a circumstance described by this Ordinance a person is aware that their conduct is of that nature or that the circumstance exist.
7. “Law Enforcement Services” includes the salaries and benefits of police officers, sheriffs, or code enforcement personnel for the amount of time actually spent in responding to or remaining at the party, gathering, or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured police officers, sheriffs, or code enforcement personnel; the cost of repairing any damaged equipment or property owned or operated by the responding agency or government entity; and the cost arising from the use of any equipment in responding to or remaining at the party, gathering, or event.
8. “Minor”- Any person under 21 years of age.
9. “Parent”- A person who is a natural parent, adoptive parent, legal custodian, or step-parent of another person.
10.  “Person(s) Responsible for the Party, Gathering, or Event”- Includes, but is not limited to: (a) the person(s) who owns rents, leases, or otherwise has control of the premises where the party, gathering, or event occurs: (b) the person(s) in charge of those premises; or (c) the person(s) who organized the party, gathering, or event.
11. “Residence” or “Premises”- A motel or hotel room, home, yard, apartment, condominium, or other dwelling unit, or a hall or meeting room or other place of assembly, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for social functions and whether owned, leased, rented or used with or without compensation.
12. “Social Host Party, Gathering, or Event”- A group of three (3) or more persons including a minor/s who have assembled or are assembling for a party, social occasion, or social activity.

SECTION 2.  PROHIBITION.

No adult having control of any residence or premises shall allow a Social Host Party, Gathering, or Event to take place or continue at this residence or premises if:

1. At the party, gathering, or event any minor obtains, possesses, or consumes any alcoholic beverage.
2. The adult knows or reasonably should know that a minor will or does possess any alcoholic beverage at the party, gathering, or event in violation of Kentucky Statute section KRS 244. 
3. The adult fails to take reasonable steps to prevent the possession of the alcoholic beverage by such minors in violation of Kentucky Statute KRS 244. 

SECTION 3.  PROTECTED ACTIVITIES.
This ordinance shall not apply to the following:

1. Legally protected religious activities; and
2. Conduct involving the use of alcoholic beverages wherein the child’s parent consents to or permits said use provided no other minors are present without parental supervision.

SECTION 4.  PRIMA FACIE EVIDENCE.

Whenever a person having control of the residence or premises is present at that residence or premises at the time that a minor or minors obtains, possesses, or consumes any alcoholic beverage, it shall be prima facie evidence that such adult had the knowledge or should have had the knowledge, that the minor or minors obtained, possessed, or consumed an alcoholic beverage at the party.

SECTION 5.  PENALITIES.

The penalties for violation of this section shall be as follows:

1. For the first violation, a Class B misdemeanor constituting a fine not exceeding 500 dollars, and/or up to 90 days in jail; in addition to response recovery cost for law enforcement serves including, the cost of personnel and equipment.
2. For subsequent violation, a fine not less than 500 dollars and not more than 1,000 dollars, and/or not less than 90 days in jail and not more than 12 months in jails; in addition to response recovery cost for law enforcement serves including, the cost of personnel and equipment.
3. If the person responsible for the party, gathering or event is a minor or a juvenile, then the parents or guardians of that juvenile shall be jointly and severally liable for the law enforcements services fee and other penalties specified in this section.

SECTION 6.  REPEALER.

As of the effective date of this ordinance, all ordinances or parts of ordinances are repealed only the extent necessary to give this ordinance full force and effect.

Effective upon passage after second reading this ______ day of _______________ 200__, and publication.

___ Urban County Government

By: __________________________________
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ATTESTATION:

______________________________________
**

Given 1st Reading and Passed this _____ day of ________________, 200__.
Given 2nd Reading and Passes this _____ day of ________________, 200__.
Publication Dates: ___________________ and ______________________.