CHAPTER 10: SOCIAL HOSTS
Section
5.10.1 Definitions
5.10.2 Prohibited acts
5.10.3 Penalties
5.10.4 Exceptions
Editor’s note:
   This chapter is derived from New Res. 522, passed 10-20-2009
§ 5.10.1 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. M.C.A. § 16-1-106 defines the following, as used in this chapter.
   ALCOHOL. Ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl.
   ALCOHOLIC BEVERAGE. A compound is produced and sold for human consumption as a drink that contains more than 0.5% of alcohol by volume.
   BEER. A malt beverage as defined in Title 16 of the Montana Code.
   EMERGENCY RESPONDERS. Includes, but is not limited to, law enforcement officers, firefighters, emergency medical service personnel and other persons having emergency response duties.
   ENFORCEMENT SERVICES OR RESPONSE COSTS. Includes the salaries and benefits of emergency responders for the amount of time actually spent responding to or remaining at an event, gathering or party and administrative costs attributable to the incident; the actual costs for medical treatment for any injured emergency responder, and the costs of repairing any damage to emergency responder equipment or vehicles, and the cost of use of such equipment of the vehicle.
   PARENT. Any person having legal custody of a juvenile, natural parent, adoptive parent, step-parent, legal guardian, person to whom legal custody has been given by court order.
   PERSON. Includes a corporation, company, partnership, association or society as well as a natural person.
   PREMISES. Any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, hall or meeting room, park or any other place of assembly, public or 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.
   SOCIAL HOST. Any person, who conducts, allows, organizes, supervises, controls, permits or aids another in conducting, allowing, organizing, supervising, controlling or permitting an event or gathering. The term includes, but is not limited to the following:
      (1)   Any person or persons who own, rents, leases or otherwise control the premises where the event, gathering or party takes place;
      (2)   The person or persons in charge of the premises; and/or
      (3)   The person or persons who organized the activity.
   UNDERAGE PERSON. Any person less than 21 years of age.
   WINE. Alcoholic beverage as defined in Title 16 of the Montana Code.
(1985 Code, § 9.16.010)
§ 5.10.2 PROHIBITED ACTS.
   It is a violation of this chapter for a social host who knows or reasonably should know that an underage person has possessed or consumed alcohol at an event, gathering or party, to fail to take reasonable steps to prevent the underage consumption or possession by the underage person. The social host does not have to be present at the event, gathering or party at the time the prohibited act occurs. (1985 Code, § 9.16.020)
§ 5.10.3 PENALTIES.
   (A)   A person convicted of violating this chapter shall be guilty of a criminal misdemeanor and shall be punished by imprisonment for not more than six months and by a fine of not less than $250 or more than $500, plus court costs, except that if one or more underage persons found to have been in possession of or consumed an alcoholic beverage was 16 years of age or under, the person convicted of violating this chapter shall be punished by imprisonment of not less than five days, which may not be served on home arrest in addition to any fee.
   (B)   The imposition or execution of the first two days of any sentence of jail may not be suspended and the court may not defer imposition of sentence.
   (C)   Notwithstanding the penalties listed above, a person convicted of violating this chapter shall be responsible for reimbursing the cost of enforcement services or response costs to agencies furnishing emergency responders. Any claim for restitution including, but not limited to, those for enforcement services or response cost, must be filed with the court within 90 days of a conviction under this chapter.
   (D)   A prosecution for violation of this chapter may not be deferred. (1985 Code, § 9.16.030)
§ 5.10.4 EXCEPTIONS.
   The provisions of an alcoholic beverage in a non-intoxicating quantity to a person under 21 years of age by the person’s parent or guardian, physician or dentist for medicinal purposes, a licensed pharmacist upon the prescription of a physician or an ordained minister or priest in connection with a religious observance shall not constitute a violation of this chapter. See M.C.A. § 16-6-305. (1985 Code, § 9.16.040)