HomeMy WebLinkAbout899_Part 10 Ch 4_Social Host_Prohibit Adults from Supplying Alcohol to MinorsTulsa County Clerk- EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 899
AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES,
CHAPTER 4, OFFENSES AGAINST THE HEALTH, WELFARE AND
MORALS, OF THE CODE OF ORDINANCES OF THE CTTY OF OWASSO,
OKLAHOMA, AMENDING SAME BY IMPOSING PENALTIES UPON
PERSONS WHO PERMIT OR ALLOW GATHERINGS WHERE ALCOHOL
IS SERVED TO MINORS.
THIS ORDINANCE AMENDS PART 10 OF THE CITY OF THE OWASSO
CODE OF ORDINANCES BY CREATING SECTION 10 -423, ENTITLED
PERMITTING OR ALLOWING GATHERINGS WHERE ALCOHOL IS
SERVED TO MINORS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part 10, Offenses and Crimes, Chapter 4, Offenses Against the Health,
Welfare and Morals, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended
by providing and codifying as follows:
SECTION TWO (2):
SECTION 10 -423 PERMITTING ORALLOWING GATHERINGS WHERE ALCOHOL
IS SERVED TO MINORS
1. Definitions. For the purposes of Section 10 -423, the following definitions shall apply:
"Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or
by whatever process produced.
"Alcoholic beverage" include alcohol, spirits, liquor, wine, beer and every liquid or solid containing
alcohol, spirits, wine or beer and which contains one -half of one (1) percent or more of alcohol by
volume and which is fit for beverage purposes either alone or when diluted, mixed; or combined with
other substances. This term includes intoxicating beverages and low point beer as defined herein.
"Gathering" is a party, gathering, or event, where a group of three or more persons have assembled
or are assembling for a social occasion or social activity.
"Legal Guardian" means (1) a person who, by court order, is the guardian of a minor; or, (2) a
public or private agency with whom a minor.has been placed by the court.
":Minor" means any person under twenty -one (2 1) years of age.
"Parent" means a person who is a natural parent, adoptive parent, foster parent, or stepparent of
another person.
"Premises" means any residence or other private property, place or premises, including any
commercial or business premises.
2. Consumption of Alcohol by Minor in Public Place, Place Open to Public, or Place Not Open
to Public.
A. Except as permitted by state law, it is unlawful for any minor to:
(1) consume any alcoholic beverage at any public place or any place open to the
public;
(2) consume any alcoholic beverage at any place not open to the public, unless that
minor is being supervised by his or her parent or legal guardian, or is
participating in a religious service with a parent or guardian; or
(3) host, permit, or allow a party, gathering, or event where minors consuming
alcoholic beverages are permitted:
(a) It is unlawful any persor, having control of any premises to host, permit, or
allow a gathering to take place and to allow any minor to consume an alcoholic beverage while
present at said gathering. Reasonable steps to prevent the consumption of alcohol by a minor at such
a gathering must be taken, and include: limiting access to alcoholic beverages at the gathering;
controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons
attending the gathering by inspecting drivers' licenses or other government- issued identification
cards; and, supervising the activities of minors at the gathering.
(b) This Section shall not apply to conduct involving the use of alcoholic
beverages that occurs exclusively between a minor and his or her parent or legal guardian.
SECTION THREE (3): REPEALER
All ordinances, or parts of ordinances, in conflict with this amended ordinance are hereby repealed to
the extent of the conflict only.
SECTION FOUR (4): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION FIVE (5):
DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION SIX (6):
CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by creating an ordinance to be codified
in Part 10, Chapter 4, as section 10-42' ), "Permitting or Allowing Gatherings Where Alcohol is
Served to Minors."
PASSED by the City Council of the City of Owasso, Oklahoma on the 21St day of gust, 2007.
Stephen ataudella, Mayor
A
Sherry Bisho, City Clerk
(SEAL)
OFFICIAL
SEAL
APPROVED as to form and legality this 16`° day of August, 2007.
Julie ombardi, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: SOCIAL HOST ORDINANCE NO. 899
DATE: August 16, 2007
BACKGROUND
Law enforcement officials, on both a national and local level, are expressing increasing concerns
regarding the escalating use of alcohol by juveniles in social settings. Of particular concern are
parties held in private residences or other non - public settings where alcohol is readily available
to minors. While some of these social functions may be held in a residence during the absence
of a minor's parents, a trend is developing whereby parents of a minor or other adults may be
present in the home while alcohol is being consumed by underage juveniles, and may even be
aware that alcohol is being used, and yet take no action to intervene or curtail the alcohol use.
Further still, in an alarming number of cases, parents or another adult may actually procure and
provide the alcohol to juveniles attending a party in their residence.
The rationale of parents and other adults who permit or provide alcohol to be consumed by
juveniles in attendance at a party in their homes or other private setting are varied, and may be
intended to prevent juveniles from consuming alcoholic beverages and driving. However, in
many instances, underage youth do end up driving and riding in automobiles at the conclusion of
the party, thereby posing a grave danger to themselves and others. In addition, significant
demands are made upon police manpower and resources, given that the police are frequently
called to the scene of such parties to address noise complaints, rowdy behavior, physical
altercations and property damage.
Remedial options available to law enforcement officials summoned to a social event attended by
underage juveniles who are consuming alcohol are limited. Juveniles who are intoxicated and
who are on private property may not be charged with public intoxication. Likewise, juveniles
who have consumed alcohol, and yet are not holding a can, cup or bottle of alcohol when police
officers arrive, most usually cannot be charged under state statutes or local ordinances penalizing
minors who are in possession of alcoholic beverages. These circumstances result in an inability
of police officers to arrest or issue a citation to the juvenile who is consuming the alcohol.
Notifying the juvenile's parents by telephone and requesting that the juvenile be picked up is
often the only recourse left to police officers in these situations. It is generally believed by
officers in the City of Owasso's Police Department that these limited measures are ineffective
1
and insufficient to discourage, reduce or prevent alcohol consumption by minors in these private
party settings.
In an effort to directly address the issue of juvenile alcohol consumption at private residential
parties, a number of municipalities have adopted preventative local laws commonly known as
"Social Host" ordinances. In Oklahoma, the municipalities of Enid, Yukon and Edmond have
recently adopted ordinances of this type. These ordinances focus upon the criminal conduct of
the parents or adults supplying the alcohol rather than upon the juveniles consuming the alcohol.
Preliminary reports indicate that penalizing the adults, who provide or knowingly allow
consumption of alcohol in their homes by underage youth, is significantly more effective than
citing the juveniles themselves for consuming or possessing the alcohol.
This ordinance is intended to apply to any parent, guardian or other adult who knowingly hosts,
permits or allows a party, gathering or event where minors are present and are consuming
alcoholic beverages. In addition, the ordinance would also be applicable to a minor who is in
control of a gathering on private property, in the absence of a supervising adult. This provides
police officers with authority to order a minor, whose parents are not present, to immediately
disperse a private gathering, and, additionally, to cite the minor for violating this ordinance if the
officers deem it appropriate. Essentially, this ordinance imposes penalties upon any person who
has control of a private residence, or other private property, who fails to take reasonable steps to
prevent the consumption of alcohol by underage youth at any social gathering. "Reasonable
steps" may include verifying age by inspecting drivers' licenses or other identification cards,
and, perhaps most importantly, actually supervising the social gathering and the activities taking
place.
Nothing within the ordinance prohibits the consumption of alcohol by a minor at a family
activity within the family home under the supervision of a parent or guardian. Likewise, the
ordinance is not applicable to a religious activity unless the minor leaves the activity intoxicated
and is in a public place.
This ordinance represents the next step which needs to be taken in the City of Owasso's
comprehensive effort to provide protection to the city's youth. The intent of the ordinance is
three -fold. First, it seeks to discourage parents and other adults from allowing youth under their
supervision to consume alcohol. Second, the ordinance seeks to provide the City's police
officers with the authority needed to effectively respond when called to a residence or other
private premises where youth are consuming alcohol. Finally, enactment of this ordinance
signifies yet again the commitment by the City of Owasso to protect youth from alcohol use and
its consequences.
RECOMMENDATION
Staff recommends Council approval of Ordinance No. 899.
ATTACHMENT:
Proposed Ordinance No. 899
2
PUBLISHER'S AFFIDAVIT
ORDINANCE NO. 899
PUBLICATION DATE(S)
08/28/07
CASE NUMBER: ORD NO. 899
INVOICE NO: 00038655
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa SS
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a daily newspaper of
general circulation. in Tulsa, Oklahoma, a newspaper qualified
to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 as amended, and thereafter, and complies with all
other requirements of the laws of Oklahoma with reference to
legal publications. That said notice, a true copy of which is
attached hereto was published in the regular edition of said
newspaper during the period and time of publication and not in
a supplement, on the ABOVE LISTED DATE(S)
Subscribed to and sworn to me this 29th day of August, 2007.
Notary Public �a 2 2// Oe?,LS 2 Let it
N41CY CAROL MOORE
My Commission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
Customer: CITY OF OWASSO
NANCY
Publisher's Fee: 115.80 ' Nolary Pubk-Wed0ldchm
COPY
33655
Published in the Owasso Reporter, Owasso, Tulsa County, Okla-
home, August 28, 2007-
CRY OF OWASSO, OKLAHOMA
ORDINANCE NO. $99
AN ORDINANCE RELATING TO PART 10, OFFENSES AND
CRIMES, CHAPTER 4, OFFENSES AGAINST THE
HEALTH, WELFARE AND MORALS, OF THE CODE OF OR-
DINANCES OF THE CRY OF OWASSO, OKLAHOMA,
AMENDING SONS WHO SPERMIT OR ALLOW GATHERINGS WHERE
ALCOHOL IS SERVED TO MINORS.
THIS ORDINANCE AMENDS PART 10 OF THE CRY OF
THE OWASSO CODE OF ORDINANCES BY CREATING
SECTION GATHERINGS WHEREA ALCOHOL S SERVED TO MINORS.
BE R ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): pad 10. Olmuses and Crimes, Chapter 4, Of-
fenses Against the Health, Welfare and Morals, of the Code of Or-
dinances of the City of Owasso, Oklahoma, Shall be amended by
providing and codifying as follows:
SECTION TWO (2):
SECTION 10428 PERNRTINOONALLOWINOOATNENNfffi
ti'EREAI.JOHOr r9 SE�VEO TOMINORB
1. Definitions. For the purposes of Section 10423, the Igllowlng
tlelinitiors shall apply:
'Alcohol' means ethyl alcohol, hydrated oxide of ethyl, or spirits
of wine, from whatever Source or by whatever process pro-
duced.
- Alcehotic beverage include alcohol, spirits, liquor, wine, beer
and every liquid or solid containing alcohol, spirits, wine or beer
and which contains one -halt of one (1) ParCom or more of alco-
hol by volume and which Is fit for beverage purposes egher
alone or when diluted. mixed, or combined with other sub-
stances. This term Includes intoxicating beverages and low
point beer as clamed herein.
'Gathering' is a party, gathering, or event, where a group of
three or more persons have assembled or are assembling for a
social occasion er social activity.
'Legal Guardian' means (1) a person who, by court order. Is the
guardian of a minor, or, (2) a public or private agency with
whom a minor has been placed by thecourt.
"Minot' means arty person under twenty -one (21) years of age.
"Parent" means a person who is a natural parent, adoptive par-
ent, foster parent, or stepparent of another person.
- Premises' means any residence or other private property,
place or premises, including any commercial or business pmm-
ises.
2. Consumption of Alcohol by Minor in Public Place, Place Open to
Public, of Place Not Open to Public.
A. Except as permitted by state law, it is unlawful for any minor
to:
(1) consume any alcoholic beverage at any public place or
any place open to the public;
(2) consume any alcoholic beverage at any place not open
to the public, unless that minor is being supervised by
his or her parent or legal guardian, or is participating In
a religious service with a parent or guardian; or
(3) host, permit, or allow a party, gathering, or event where
minors consuming alcoholic beverages are permitted:
(a) It is unlawful any person having control of any promises
to host, permit, or allow a ga9rering to take place and to
allow any minor to consume an alcoholic beverage
while present at said gathering. Reasonable steps to
prevent the consumption of alcohol by a minor at such
a gathering must be taken, and include: limiting access
to alcoholic beverages at the gathering; wri rolling the
quantity of alcoholic beverages present at the galher-
„ Mg; verifying the age of persons attending th4 Dalher-
ing by Inspecting tldve,', licenses or other
gme mment- Issued Identification card.; and, supawls-
Ing the acgviffes of minors at the gathering.
(b) This Section shall not apply to conduct Involving the
use of alcoholic beverages that Occurs exclusively be-
tween a minor and his or her parent or legal gudrdlan.
SECTION THREE (3): REPEALER
All ordinances, or parts of mrdinances, in conflict with this emended
ordinance are hereby repealed 1. the extent of the conflict only.
SECTION POUR (4), SEVERABILITY
If any pad or pans of this odinnno. are deemed unconstitutional,
Invalid or Ineffective, the remaining portion shall not be affected but
shall remain in lull force and SIec1.
SECTION FIVE (0. BECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty 130)
days from the date of final passage as provided by state law.
SECTION SIX (6): CODIFICA71ON
The City of Owasso Code of Oninaooes is hereby amended by
creating an orrAnance to be codified In Pad 10, Chapter 4, as
section 10 -423, "penuffing or Allowing Gemming. Where Alcohol
Is Served to Minors.'
PASSED by the City Coumll of the City of Owasso. Oklahoma on
the 21st day of August, 2007.
/sl Stephen Calaudella
Mayor
ATTEST':
/,/Sherry Bishmp
City Clerk
(SEAL)
APPROVED as to form and legality this 16th day of August, 201
ys/ Julie Lombardi
City Attorney