Agoura Hills Municipal Code Ch. 12 Social Host Accountability

This chapter shall be known as the "Social Host Accountability Ordinance."

(Ord. No. 06-341, § 1, 5-9-2007)

The purposes of this chapter is to protect the public health, safety and general welfare and to promote the reduction of underage drinking by imposing an administrative fine on persons responsible for unruly gatherings where alcohol is consumed by, served to or in the possession of underage persons.

(Ord. No. 06-341, § 1, 5-9-2007)

The city council finds as follows:

(a) The City of Agoura Hills, pursuant to the powers delegated to it by the California Constitution, has the authority to enact laws that promote the public health, safety and general welfare of its residents.

(b) The occurrence of unruly gatherings on private property where alcoholic beverages are served to, consumed by, or in the possession of underage persons is harmful to the underage persons themselves and is a threat to the public health, safety, or quiet enjoyment of residential property and the general welfare. Underage persons, who have been consuming alcoholic beverages, are at greater risk to be in automobile accidents, to commit suicide, to be assaulted, and females are at greater risk of sexual assaults.

(c) Underage persons often obtain alcoholic beverages at gatherings held at private residences or at rented residential and commercial premises that are under the control of a person who knows or should know of the service to, possession by, and/or consumption of alcohol by underage persons. Persons responsible for the occurrence of unruly gatherings on private property over which they have possession or control have failed to ensure that alcoholic beverages are not served to, consumed by or possessed by underage persons at these gatherings.

(d) Problems associated with gatherings involving underage persons drinking alcohol are difficult to prevent and deter. Public safety personnel need an arsenal of tools to deal with the issue of underage drinking and its attendant problems. If persons are held civilly responsible by having to pay a fine for hosting this type of gathering where there is underage drinking, they will be more likely to properly supervise or stop such conduct at events held on property under their possession or control. The city has the legal authority to issue an administrative citation for an administrative fine.

(Ord. No. 06-341, § 1, 5-9-2007)

For the purposes of this article, the following definitions shall apply:

(a) "Alcoholic beverages" shall mean alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half (½) 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.

(b) "Juvenile" means any person less than eighteen (18) years of age.

(c) "Residence" or "other private property" shall mean a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.

(d) "Responsible person" shall mean a person or persons with a right of possession of the residence or other private property at which an unruly gathering is conducted. A responsible person need not be present at such gathering and prior knowledge of the unruly gathering is not a prerequisite to a finding that any specific individual is a responsible person as defined by this section. Responsible person includes, but is not limited to:

(1) Owner(s) and/or lessee(s) of the property where an unruly gathering is taking place, including the record owner of the title to property, wherever that person or entity may currently reside;

(2) Person(s) hosting an unruly gathering;

(3) Person(s) receiving money or consideration for granting access to unruly gathering;

(4) Parent(s) or legal guardian(s) of a minor who is also a responsible person;

(5) Person(s) in charge of the residence or other private party;

(6) Tenant of the residence or other private property.

(e) "Underage person" shall mean any person less than twenty-one (21) years of age.

(f) "Unruly gathering" shall mean a party, event or gathering where two (2) or more underage persons are present at a residence or other private property in which alcoholic beverages are being consumed, served to or possessed by any underage person and/or at which unruly conduct occurs. Unruly conduct is that which threatens the public health, safety or general welfare, or interferes with the quiet enjoyment of residential property and may include, without limitation, excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages, assaults, batteries, fights, domestic violence or other disturbances of the peace, vandalism, litter.

(Ord. No. 06-341, § 1, 5-9-2007)

• Prohibition of unruly gatherings where alcohol is served to, consumed by, or in the possession of underage persons.

(a) Except as permitted by Article 1, Section 4, of the California Constitution, no responsible person shall conduct, permit, or host an unruly gathering at his or her place of residence or other private property or host a gathering at a public place under his or her control.

(b) This section shall not apply to conduct involving the use of alcoholic beverages, which occurs exclusively between a minor child and his or her parent or legal guardian.

(c) This section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control.

(Ord. No. 06-341, § 1, 5-9-2007)

(a) Any violation of section 41204 shall be prosecuted as a civil penalty. The amount of the penalty shall be established by resolution adopted by the city council.

(b) A city hearing officer shall give notice of a violation of this chapter by issuing an administrative citation to any and all responsible persons within ten (10) days of the violation. The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing.

(c) In the event that the responsible person who is in violation of this chapter is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for any penalties incurred pursuant to this chapter.

(d) The administrative fines imposed by this chapter do not preclude other potential civil actions or criminal prosecution under any other provision of law.

(Ord. No. 06-341, § 1, 5-9-2007)

The provisions of this chapter shall not apply to activities protected under the United States Constitution.

(Ord. No. 06-341, § 1, 5-9-2007)