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City is first in state to pass Social Host Ordinance
September 11, 2007 - 11:34am — Mollee Francisco
By Mollee Francisco With little of the debate that has plagued the Carver County Board, the Chaska City Council unanimously passed the Social Host Ordinance Monday night. The ordinance, written by the Carver County Attorney’s Office, makes it illegal to knowingly provide a venue for underage drinking. “There is a gap in the law,” said Chaska Police Chief Scott Knight. “The law is silent on this and we need a tool to address that.” “What this does is to clarify that it is illegal to permit consumption of alcohol on the premises,” said City Administrator David Pokorney. There are a few exceptions to the law. It does not apply: to parents providing alcohol to their own children in their home; to protected religious observances; or to situations where the underage are lawfully in possession of alcohol for work. Violation of the new ordinance will be a misdemeanor when it goes into effect next month. “I don’t see this as punishment,” said Dorothy Clark-Miles, a drug and alcohol counselor at Chaska High School. “I see this as protection for our children. “In some cases, I think they need us more now than they did on the playground,” she said. “The temptations are harder and harder.” Clark-Miles added that she believes the law would force parents to step up to the plate and be “accountable for what happens in our homes” “There are parents who think they are being noble by taking away car keys and allowing kids to drink,” said Knight. Councilor Jay Rohe shook his head. “Why would anyone think it reasonable to hold an underage drinking party?” he asked. Former Chaska City Councilor and current Carver County Board Commissioner Randy Maluchnik agreed. “The county considered this last week,” he said. “They sent it back to the County Attorney’s office to look at alternative justice.” But Maluchnik is in favor of the ordinance as is. “I’m concerned about the message we’re sending to our youth,” he said. “Why is everyone so afraid to touch this?” Councilor Chris Schulz asked. “What is the issue?” “I think it’s a cultural one,” said Maluchnik. He added that both he and Commissioner Gayle Degler, who together represent all of Chaska at the county level, are in favor of the ordinance. Maluchnik said that he believed the resistance was greater in the rural portions of the county. Knight said that his department has been working on the proposed law for a year and a half and that it can’t come at a more crucial time. “Underage drinking is a society problem,” he said. “It occurs with great frequency.” Knight highlighted the death last winter of 19-year-old Chaska resident Sean Humphrey as an example of the need for the law. Humphrey died after allegedly consuming alcohol at party held at an apartment in Chaska. Four people have been charged by the county attorney’s office in connection with his death. Knight said that although Chaska would be the first city in the state to adopt such an ordinance, he believed others would follow. “I think this would be joined by many and quickly,” he said. “Maybe we should forge ahead, say this is the new way,” said Rohe. “We do a lot of things first here in Chaska.” “I think this is a step in the right direction,” said Mayor Gary Van Eyll. “And I think we need to take this step.” After the council voted and passed the ordinance, Van Eyll gave some direction to Maluchnik. “Take that down to the county, will you commissioner?” If the county approves the ordinance, that would also apply in Chaska.
“This is a good day,” said Knight. RELATED: Ordinance targets host of underage drinking parties
Proposed Carver County Host Social Ordinance TELL US: What do you think of the new Social Host Ordinance?
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This is the e-mail I sent to...
Back to page topThis is the e-mail I sent to the Carver County Attorny:
Notice: It seems Officials in the jurisdiction of Carver County are proposing the Social Host ordinance that may become a conspiracy to commit a crime under color of the law and put the City, County, and official open to criminal prosecution and civil suit. Here is what strikes me on an elementary level as a Citizen of the State of Minnesota. City ordinance seems to violate Mn. Rules, unlawfully Mixes Criminal and Civil law usurping Mn. State Legislature Jurisdiction. The Ordinance requires under threat of coercion that A host individual must obtain age information from other individuals and therefore The City Must follow Mn. Data Practices act and procedure of the Tenneson Notice including if this is mandatory or voluntary and if they do not do this the City and officers making citation are committing a misdemeanor violating the MGDPA Section13.04(Subd.3.) of Mn. Statute One floating around Case Law:
CITY OF DALLAS et al. v. MITCHELL 245 S.W. 944
"The rights of the individual are not derived from governmental agencies,
either municipal, state, federal, or even from the Constitution, but they exist inherently in every man, and are merely reaffirmed in the Constitution and restricted only to the extent they have been voluntarily surrendered by the citizenship to the agencies of government."
In order to enforce the ordinance???s provisions, the zoning ordinance must incorporate the building code. See State ex rel. Utick v. Bd. of Comm???rs of Polk County, 87 Minn. 325, 341, 92 N.W.2d 216, 220 (1902)
Concerned Citizen with the open corruption in government, Citizen Gomez