Chapter 9.72 — ACCOUNTABILITY FOR SOCIAL HOSTS OF MINORS

For the purpose of this chapter the following terms shall have the meanings respectively ascribed to them in this section unless, from the particular context, some other meaning is clearly intended.

Alcohol means any ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

Alcoholic beverage includes 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.

Controlled substance means a drug or substance whose possession and use are regulated under the federal Controlled Substances Act. Such term does not include any drug or substances for which the

individual found to have consumed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.

Extraordinary police services means the assignment of police officers and the provision of services by city police or law enforcement during a second or subsequent response to a gathering after the distribution of a written notice that the gathering is in violation of this chapter or another provision of law, or during a first response if a law enforcement officer investigating a gathering determines that the gathering is a threat to the public peace, health, safety or general welfare, or constitutes a nuisance of an immediate nature such that a first written warning notice is not feasible.

Extraordinary police services fee means the actual costs incurred by the city for the following items:

(1)

The services of city police or law enforcement arising from a response to a gathering;

(2)

Injuries to city police or law enforcement arising from a response to a gathering;

(3)

Damage to public property, and the use of any city-owned equipment, arising from a response to a gathering.

Gathering is a party or event where a group of three or more persons have assembled or are assembling for a social occasion or social activity.

Guardian means:

(1)

A person who, under court order, is the legal guardian of a minor; or

(2)

A public or private agency with whom a minor has been placed by order of a court.

Minor means any person less than 21 years of age.

Parent means a person who is the natural parent, adopted parent, or step-parent of a minor.

Person responsible means the person who knows or should reasonably know that the subject premises are being used to host, allow, or permit a gathering. There is a rebuttable presumption that the following persons, in order of priority, are the persons responsible for a gathering:

(1)

The owner of the premises where the gathering takes place;

(2)

The tenant of the premises where the gathering takes place; and/or

(3)

The person who hosted, permitted, organized, or allowed the gathering.

(4)

In the event that the person responsible is a juvenile (under 18 years of age), then the parent or guardian of that juvenile.

Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, parks, streets, highways, and common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

(Ord. No. 903-2013, § 1(9.72.010), 4-15-2013)

Except as permitted by state or federal law, it is unlawful for any minor to:

(1)

Consume at any public place or any places open to the public, any alcoholic beverage, marijuana, or controlled substance; or

(2)

Consume at any place not open to the public any alcoholic beverage, marijuana, or controlled substance; regardless of whether consumption is under the supervision of the minor's parent or guardian.

(Ord. No. 903-2013, § 1(9.72.020), 4-15-2013)

marijuana, and other controlled substances prohibited.

(a)

Except as permitted by state or federal law, it is unlawful for any person to allow the consumption of an alcoholic beverage, marijuana, or a controlled substance by a minor in the course of a gathering where the person responsible knows or reasonably should have known that he has hosted, permitted, or allowed a gathering to take place where at least one minor consumes an alcoholic beverage, marijuana, or a controlled substance.

(b)

It is the duty of any person having control of any premises who knows or reasonably should know that he has hosted, permitted, or allowed a gathering to take place at said premises to take all reasonable steps necessary to prevent the consumption of alcoholic beverages, marijuana, or controlled substances by any

minor during the course of the gathering. Reasonable steps include, but are not limited to, the following actions:

(1)

Controlling access to alcoholic beverages, marijuana, and controlled substances on the premises;

(2)

Controlling the quantity of alcoholic beverages, marijuana, and controlled substances available at the gathering;

(3)

Verifying the age of persons attending the gathering by inspecting driver's licenses or other government- issued identification cards to ensure that minors do not consume alcoholic beverages, marijuana, or controlled substances while at the gathering; and

(4)

Supervising the activities of minors while at the gathering.

(c)

Whenever a person having control of a premises is present on the premises at the time that a minor is found in possession of, or consuming, any alcoholic beverage, marijuana, or controlled substance on the premises, that fact shall be prima facie evidence that such person had or should have had the knowledge specified in subsection (a) of this section.

(d)

A person who hosts, permits, or allows a gathering to take place shall be deemed to have actual or constructive knowledge that a minor has consumed or possessed alcoholic beverages, marijuana, or controlled substances if the person has not taken all reasonable steps to prevent the consumption of alcoholic beverages, marijuana, or controlled substances by minors as set forth in subsection (b) of this section.

(e)

A person responsible may be liable for an extraordinary police services fee if extraordinary police services are necessary to respond to a gathering.

(f)

A person responsible shall not be in violation of this chapter if he seeks immediate assistance from the city police department, or other law enforcement agency, to remove any person who refused to abide by the hosts' performance of the duties imposed by this chapter or to terminate a gathering because the person responsible has been unable to prevent minors from consuming or possessing alcoholic beverages, marijuana, or controlled substances despite taking all reasonable steps to do so; provided that such request is made prior to any other complaint to law enforcement regarding the gathering.

(Ord. No. 903-2013, § 1(9.72.030), 4-15-2013)

(a)

This chapter shall not apply to any location or place regulated by the California Department of Alcoholic Beverage Control or its successor agency.

(b)

This chapter shall not apply to any conduct involving the use of alcoholic beverages that occurs involving a minor and his parent or guardian as permitted by article I, section 4 of the California Constitution or the First Amendment to the United States Constitution.

(Ord. No. 903-2013, § 1(9.72.040), 4-15-2013)

(a)

Any person violating any provision of this chapter is guilty of a misdemeanor which, upon conviction thereof, is punishable in accordance with the provisions of section 1.01.150.

(b)

Violation of this chapter may be enforced or punished in any manner prescribed by law, or through any other process or procedure allowed by this Code or any other applicable law.

(Ord. No. 903-2013, § 1(9.72.050), 4-15-2013)