Sponsor
Alderman Helding
Title
Ordinance No. 08-11
To create Sec. 6-87 - Social Host Ordinance, Code of the City of Racine, Wisconsin relating to alcoholic beverages.
The Common Council of the City of Racine do ordain as follows:
Part 1:
Section 6-87 is created to read as follows:
"Sec. 6-87 - Social Host Ordinance
(1) This ordinance may be referred to as the Social Host Ordinance.
(2) The purpose of this ordinance is to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and to hold any person who hosts an event or gathering where persons under 21 years of age possess or consume alcohol responsible regardless of whether the person hosting the event or gathering supplied the alcohol.
Definitions For purposes of this section, the following terms have the following meanings:
"Allow" or "host" means to aid, conduct, entertain, organize, supervise, control, or permit an event or gathering.
"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.
"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.
"Control" means having the authority or power, or both, to direct, manage, oversee, or restrict the affairs, assets, or business of a person or entity.
"Event" or "gathering" means any group of two or more persons who have assembled or gathered together for a social occasion or other activity.
"Parent" means a person having legal custody of a juvenile as a natural, adoptive, or step parent; a legal guardian; or a person to whom legal custody has been given by court order.
"Present" means at hand or in attendance.
"Public or private property" includes, but is not limited to, any apartment, condominium, dwelling unit, farm, field, hall, hotel room, home, land, meeting room, motel room, park, place of assembly, or yard, whether occupied on a temporary or permanent basis and whether leased, owned, rented, or used with or without permission or compensation.
"Underage person" is any individual under 21 years of age.
Prohibited Acts
(a) It is unlawful for any person to allow or host an event or gathering at or on any private or public property where alcohol or alcoholic beverages are present when the person knows that an underage person will possess or consume any alcohol or alcoholic beverage if the person fails to take reasonable steps to prevent possession or consumption by any underage person, even if the person who allows or hosts the event or gathering is not present at the event or gathering.
(b) It is unlawful for any person to intentionally advise, aid, conspire with, counsel, hire, or otherwise procure another person to commit a prohibited act.
Exceptions
(a) This ordinance does not apply to a person who procures for or dispenses, gives, or sells alcohol or any alcoholic beverage to an underage person if the underage person is in the direct company of the underage person's parent, guardian, or spouse and the parent, guardian, or spouse has attained the legal drinking age, has consented to the underage person possessing or consuming the alcohol or alcoholic beverage, and is in a position to observe and control the underage person.
(b) This ordinance does not apply to legally protected religious observances.
(c) This ordinance does not apply to an underage person who is lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.
Penalties
(a) A person will, upon conviction for a violation of any provision of this ordinance, forfeit not less than $1,000 nor more than $5,000 for each offense, together with any applicable assessment, cost, surcharge, and the cost of prosecution.
(b) A person who has the ability to pay a forfeiture entered pursuant to this ordinance, but who fails or refuses to do so may be confined in the county jail until the forfeiture and costs are paid, but the period of confinement may not exceed 30 days for each offense. In determining whether a person has the ability to pay, all items of income and all assets may be considered regardless of whether the income and assets are subject to garnishment, lien, or attachment by creditors."
Part 2: Section 6-2(c) is repealed.
Part 3:
This ordinance shall take effect upon passage and the day after publication.
Passed by the Common Council:
Approved:
Mayor
Attest:
City Clerk