ORDINANCE NO. 10-084, FOURTH SERIES
CITY OF NEW ULM, BROWN COUNTY, MINNESOTA
AN ORDINANCE ENACTING SECTION 8.84 OF THE CITY CODE OF THE CITY OF
NEW ULM RELATIVE TO HOSTING A GATHERING AT WHICH UNDERAGE
POSSESSION OR CONSUMPTION OF ALCOHOL OCCURS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW ULM:
SECTION I. That Section 8.84 of the City Code of the City of New Ulm is hereby enacted to
provide as follows:
Section 8.84. Hosting gathering at which underage alcohol possession or
Subdivision 1. Purpose. This section is enacted pursuant to Minn. Stat. §145A.05, subd.
1, to protect public health and safety and discourage underage possession and
consumption of alcohol by holding persons criminally responsible who host events or
gatherings at which underage persons possess or consume alcohol, regardless of
whether the host supplied the alcohol.
Subd 2. Definitions. For purposes of this section, the following terms have the following
A. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey,
rum, brandy, gin, or any other distilled spirits, including dilutions and mixtures thereof
from whatever source or by whatever process produced.
B. "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or
solid containing alcohol, spirits, wine, or beer, and which contains one-half of one
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.
C. "Event or gathering" means any group of three or more persons who have
assembled or gathered together for a social occasion or other activity.
D. "Host" means to aid, conduct, allow, entertain, organize, supervise, control, or permit
a gathering or event.
E. "Parent" means a person having legal custody of a juvenile as a natural or adoptive
parent or step-parent, as a legal guardian, or as a person to whom legal custody has
been given by order of the court.
F. "Person" means any individual, partnership, co-partnership, corporation, or any
association of one or more individuals.
G. "Underage person" is any individual under twenty-one (21) years of age.
Subd. 3. Prohibited acts. It is unlawful for any person to host an event or gathering, at
any location, at which:
A. alcoholic beverages are present; and
B. the person knows, or reasonably should know, that any underage person will or
does consume any alcoholic beverage or possess any alcoholic beverage with the
intent to consume it; and
C. the person fails to take reasonable steps to prevent possession or consumption by
the underage person.
Underlining indicates new language; strike-through indicates deleted language
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A person who hosts an event or gathering does not have to be present at the event or
gathering to be in violation of this subdivision.
Subd. 4. Exceptions. Subdivision 3 above shall not be construed to apply to:
A. Conduct solely between an underage person and that person’s parent while in the
B. Legally protected religious observances.
C. Conduct of intoxicating liquor licensees, 3.2 percent malt liquor licensees, or bottle
club permit holders who are regulated by Minn. Stat. Chapter 340A.
D. Situations in which an underage person is lawfully in possession of alcoholic
beverages during the course and scope of that person’s employment.
Subd. 5. Penalty. Violation of Subdivision 3 of this section is a misdemeanor.
SECTION II. That this ordinance shall take effect and shall be in force 30 days from and
after its adoption, approval, and publication.
One of Brown County USAC's environmental strategies includes developing a Social Norms Campaign which will be called the Truth Is...campaign. The campaign is based on social norms theory - that much of people's behavior is influenced by their perceptions of what is "normal" or "typical." The problem is that we often severely misperceive the typical behaviors or attitudes of our peers. For example, if students believe that the majority of their peers are drinking alcohol and/or using drugs, then they are more likely to drink alcohol and/or use drugs. Using positive Social Norms on a community level to inform students that the majority of their peers do not use drugs or alcohol, can lead them to change their behavior.
We will be working to close the gap between what students believe others students are doing and what other students "ARE" actually doing in order to reduce youth alcohol and drug use. Brown County USAC will also use this campaign as a way to educate all of Brown County on what is the norm and how we SHOULD perceive underage alcohol and drug use. Working together as a community with hopefully make Brown County a healthy and rewarding place to live in.
USAC worked with the Brown County high schools and students that have chosen to participate in this campaign: New Ulm High School, Cathedral High School, Sleepy Eye St. Mary’s and Sleepy Eye Public High School. USAC launched this campaign in August! Watch for the billboards, posters and table tents that will be displayed throughout Brown County.
Linkenbach, J.W. (1999). Application of social norms marketing to a variety of health issues. Wellness Management, 15(3).
The Parent Toolkit is a new media campaign to educate parents on the dangers of underage alcohol use and how to prevent underage alcohol use. The campaign is a series of 6 postcards that will be mailed to parents of high school students in Brown County.
Project Sticker Shock is designed to reach adults who might purchase alcohol legally and provide it to minors. Stickers warning about the penalties for furnishing alcohol to minors are placed on all multi-packs of beer and other alcohol products that might appeal to underage drinkers. The project represents a partnership between youth, retailers, concerned parents and community members, prevention professionals, and law enforcement with the goal of educating potential furnishers, raising public awareness about underage drinking, and strengthening the deterrent effect of the law against providing alcohol to minors.
Social host ordinances give communities a practical tool for holding adults accountable. When law enforcement officials arrive on the scene of an underage drinking party, it’s
often difficult to determine who provided the alcohol. Therefore, laws that prohibit furnishing alcohol to youth under 21 can be hard to enforce. With social host liability, the focus is on where the drinking takes place, rather than who provided the alcohol.
The prospects of being held liable for underage drinking parties can:
Act as an effective deterrent
Provide incentive for hosts to be vigilant
Encourage parents to prevent parties while away
Hold underage youth partially accountable
Recover costs of law enforcements need to repeatedly respond to the same party site
Officially establish the city zero-tolerance policy
Click here to print the Social Host Ordinance brochure: SOCIAL HOST ORDINANCE