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Jordan revises proposed social host ordinance


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By Mathias Baden, Correspondant

The city of Jordan waited to follow in Scott County’s footsteps on the social host ordinance, but what is likely to become a new law in the city will probably not follow the exact same wording the county passed.

“When I first saw the county’s version, I hated it,” Jordan Councilmember Jeremy Goebel said. “I can live with this.”

On Monday, the Jordan City Council passed the first reading of the proposed ordinance suggested by the county and endorsed by the police chiefs in all of its cities and the sheriff.

The vote was 5-1. Goebel cast a vote against the proposal, and Councilmember David E. Hanson was absent from the meeting.

After a public hearing in front of the city council, and an approval of the second reading of the ordinance, the council could enact the law.

On June 2, Scott became the second county in Minnesota to pass the social host ordinance, which made it illegal for rural residents to host or allow a party with underage drinking. Six of the county’s 11 townships opposed the ordinance, but after a 3-2 vote, the law applies to them anyway.

Supporters said the law is needed to deter underage consumption, while those who spoke against it during the county’s public hearing in Shakopee said there are enough underage drinking laws and the ordinance’s vague language could lead to innocent people being charged or sued.

The Chief of Police in New Prague was scheduled to present the proposed ordinance to his council  on Monday. The Shakopee City Council is supposed to take the issue up on July 7, a day after Savage. The Elko New Market mayor said Friday at a local governments association meeting that his city will consider the proposal in later summer or early fall. Prior Lake already has the ordinance on its books.

After listening to complaints at the county’s public hearing, at which he also spoke in support of the ordinance, Malz reworded a section of the proposed ordinance to address concerns.

“I have made a couple of minor modifications to the adopted county ordinance that I feel will make the ordinance a little more palatable by those in opposition yet still have the desired outcome we are looking for,” Malz wrote in a report to the council.

County officials have encouraged cities to pass the social host ordinance to maintain consistency across local government borders.

In one section of the county's ordinance, though, it said it is unlawful to host or allow an event or gathering at any premises where alcohol is present “when the person knows or reasonably should know” that an underage person will consume or possess alcohol.

Malz struck the language “or reasonably should know” from his proposal, because the definition of the word reasonable is debatable to some opponents, he said.

To the same section of the proposal, Malz added a requirement that a property owner take steps to prevent alcohol possession or consumption by underage people “after observing or being alerted to illegal activity.”

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Goebel said he was uncomfortable with the proposal because government has no business interfering with what happens in residents’ homes.

The proposal, which includes an exception for “conduct solely between an underage person and his or her parents while present in the parent’s household,” Malz pointed out.

The focus of the ordinance, if passed, would be on those who serve or allow other people’s children to be served alcohol, according to Malz.

“If my kids are at your house, you don’t have the right to serve them alcohol,” Malz said.

“If my child was at someone else’s house and they gave them alcohol, yeah, I’d be mad,” Councilmember Tanya Velishek said.

“Isn’t it illegal already to serve someone who’s underage?” Goebel argued.

The proposal, if passed, would put people on notice that it’s not OK to host underage parties, Councilmember Mike Shaw said.

Even if the partygoers bring their own alcohol, Malz added.

“I believe the ordinance has the potential to save lives,” wrote Malz in his recommendation to the city council. “It provides a deterrent and holds accountable those who would host gatherings where underage individuals are consuming alcohol.”

Other area police chiefs are recommending the ordinance, as well. Chaska was the first in the state to pass a social host ordinance.

Shannon Fiecke of the Shakopee Valley News contributed to this report. Mathias Baden is the editor of the Jordan Independent. He can be reached at editor@jordannews.com.




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