*Cross references: Administration, ch. 2; offenses and miscellaneous provisions, ch. 22; traffic, ch. 34.

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1 Chapter 20 LAW ENFORCEMENT* *Cross references: Administration, ch. 2; offenses and miscellaneous provisions, ch. 22; traffic, ch. 34. State law references: Municipal public safety and law enforcement, Minnesota Statutes et seq. Article I. In General Secs Reserved. Article II. Police Department Sec Established. Sec Duties. Article III. Applicant criminal history background checks Division 1. Applicants for city employment. Sec Purpose. Sec Criminal history employment background investigations. Sec Employment positions. Division 2. Applicants for city licenses. Sec Purpose. Sec Criminal history license background investigations. Sec City licenses. Sec Date of Effect. Article IV. Social Host Ordinance. Division 1. Social Host Ordinance: Sec Purpose and Findings. Sec Authority. Sec Definitions. Sec Prohibited Acts. Sec Exceptions, Defenses. Sec Enforcement. Sec Severability. Sec Penalty. Sec Publication. Sec Effective Date. 114

2 ARTICLE I. IN GENERAL Secs Reserved. 115

3 ARTICLE II. POLICE DEPARTMENT* *Cross references: Officers and employees, 2-71 et seq. Sec Established. There is established a police department in and for the city. The chief of police shall be the chief executive officer of the police department. (Code 1989, ) Sec Duties. The city police shall have the power and duties conferred on peace officers by law. It shall also be a duty of the city police to answer emergency calls and come to the aid of any resident of the city, the security of whose person or property is in danger. (Code 1989, ) 116

4 ARTICLE III. APPLICANT CRIMINAL HISTORY BACKGROUND CHECKS. DIVISION 1. APPLICANTS FOR CITY EMPLOYMENT. Sec Purpose. The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota s Computerized Criminal History information for specified non-criminal purposes of employment background checks for the positions described in Section Sec Criminal history employment background investigations. The Wyoming Police Department is hereby required, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following positions within the city, unless the city s hiring authority concludes that a background investigation is not needed: Sec Employment positions. All regular part-time or full-time employees of the City of Wyoming and other positions that work with children or vulnerable adults. (1) In conducting the criminal history background investigation in order to screen employment applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the hiring authority, including the City Administrator, or other city staff involved in the hiring process. (2) Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance, and use of the information. Except for the positions set forth in Minnesota Statutes Section , the city will not reject an applicant for employment on the basis of the applicant s prior conviction unless the crime is directly related to the position of employment sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicant's request on this basis, the City shall notify the applicant in writing of the following: (a) The grounds and reasons for the denial. (b) The applicant complaint and grievance procedure set forth in Minnesota Statutes Section (c) (d) The earliest date the applicant may reapply for employment. That all competent evidence of rehabilitation will be considered upon reapplication. DIVISION 2. APPLICANTS FOR CITY LICENSES. Sec Purpose. The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota s Computerized Criminal History information for specified non-criminal purposes of licensing background checks. Sec Criminal history license background investigations. The Wyoming Police Department is hereby required, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following licenses within the city: Sec City licenses. (1) Employees and Business Owners of Liquor Establishments. (2) Peddler Licenses. (3) Massage Therapy. (4) Sexually Oriented Businesses. (5) Conducting Sales of Merchandise or Food Products or Engaging in Similar Transient Commerce from a Moveable Place of Business 117

5 (a) (b) In conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the licensing authority, including the City Council, the City Administrator or other city staff involved the license approval process. Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance, and use of the information. Except for the positions set forth in Minnesota Statutes Section , the city will not reject an applicant for a license on the basis of the applicant s prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicant's request on this basis, the City shall notify the applicant in writing of the following: (i) The grounds and reasons for the denial. (ii) The applicant complaint and grievance procedure set forth in Minnesota Statutes Section (iii) (iv) The earliest date the applicant may reapply for the license. That all competent evidence of rehabilitation will be considered upon reapplication. Sec Date of Effect. Passed and approved by the City Council of the City of Wyoming this 8th day of February, ORDINANCE NO

6 ARTICLE IV. SOCIAL HOST ORDINANCE. DIVISION 1. SOCIAL HOST ORDINANCE. Sec Purpose and Findings. It is the intent and desire of the City Council of the City of Wyoming to discourage and prevent underage possession and consumption of alcoholic beverages, whether in public areas or on private property, premises or residences; and it is the intent of City of Wyoming to hold persons criminally responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol, regardless of whether the person hosting the event or gathering supplied the alcohol. The City Council of the City of Wyoming finds that: Sec (1) Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of twenty-one (21) are harmful to those persons and constitute a potential threat to public health, requiring prevention or abatement. (2) Prohibiting underage consumption protects underage persons from harm or injuries related to alcohol consumption, such as alcohol overdose (alcohol poisoning), long-term or lifelong issues with chemical abuse, and/or alcohol-related traffic collisions. Further, the health of the public is enhanced when underage drinking is diminished, as alcohol-related injuries due to traffic crashes are limited (3) Alcohol is an addictive drug which if used irresponsibly, has been shown to have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user. (4) Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent, guardian or other adult is present, condones the activity, and, in some circumstances provides the alcohol. (5) Even though giving or furnishing alcohol to an underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption. (6) A deterrent effect will be created by holding persons criminally responsible for hosting an event or gathering whether underage possession or consumption occurs. Authority. This ordinance is enacted pursuant to Minn. Stat. 145A.05, Subdivision. 1. Sec Definitions. For purposes of this ordinance, the following terms have the following meanings: Sec Sec (1) Alcohol. 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. (2) Alcoholic beverage. Alcoholic Beverage means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer and which contain one-half of one percent or more of alcohol by volume and which if fit for beverage purpose either alone or when diluted, mixed or combined with other substances. (3) Event or gathering. Event or gathering means any group of three or more person who have assembled or gathered together for a social occasion or other activity. (4) Host. Host means, allow, entertain, or organize, or permit a gathering or event. (5) Parent. Parent means any person having legal custody of a juvenile: (a) As natural, adoptive parent or step-parent; (b) A legal guardian; (c) As a person to whom legal custody had been granted by order of the court. (7) Person. Person means any individual, partnership, co-partnership, corporation, or any association of one or more individuals. (8) Residence or Premises. Residence or premises means any home, yard, farm, field, land apartment, condominium, hotel or motel room, or other dwelling unit, or hall or meeting room, park, (9) or any other place of assembly, public private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. (10) Underage Person. Underage person is any individual under twenty-one (21) years of age. Prohibited Acts. (1) It is unlawful for any person(s) to host an event or gathering; at any residence, premises, or on any private or public property; where alcohol or alcoholic beverages are present; when the person knows or reasonably should know that an underage person will or does consume any alcohol or alcoholic beverage; or possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s). (a) A person is criminally responsible for violating Sec , (1) if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. (b) A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible. Exceptions, Defenses. (1) Exceptions. This Ordinance does not apply to: (a) Conduct solely between an underage person and his or her parents while present in the parent s household; (b) Legally protected religious observances; 119

7 Sec (c) Retail intoxicating liquor or 3.2 percent malt liquor licensees, municipal liquor stores, or bottle club permit holders who are regulated by Minn. Stat. 340A.503 Subd. 1(a)(1); (d) Underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. (2) Defenses. If proven by a preponderance of evidence, it shall be an affirmative defense to any violation of Sec , that the alleged violation is consistent with one or more of the exceptions set forth in Sec , (1). Enforcement. This Ordinance may be enforced by any law enforcement officer. Sec Severability. If any section, subsection, sentence, clause, phrase, word or other portion of this ordinance is, for any reason held to be unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect. Sec Penalty. Violation of any provision or paragraph of Sec is a misdemeanor and shall be punishable by up to 90 days in jail and/or $1,000 fine. Sec Publication. The City Clerk is directed to certify the passage of this Ordinance and cause this Ordinance to be published in the designated newspaper by the City Council of the City of Wyoming, circulated in the County of Chisago, State of Minnesota. Sec Effective Date. This Ordinance shall take effect thirty (30) days following its final passage and adoption. Passed and approved by the City Council of the City of Wyoming this 3rd day of June, ORDINANCE NO