Berkeley Municipal Code Ch. 13.49 Social Host Ordinance

A. The City Council finds as follows:

1. Unsupervised parties on private property where alcohol is consumed by minors are harmful to the minors themselves and to the communities where such parties are held.

2. Police ability to abate gatherings where alcohol is consumed by minors on private property will result in a decrease in abuse of alcohol by minors, physical altercations and injuries, neighborhood vandalism, and excessive noise disturbance thereby improving public safety.

3. Problems associated with such gatherings are difficult to resolve unless the Police Department has the legal authority to direct the host to disperse the group.

4. Control of large parties, gatherings or events on private property where minors are consuming alcohol is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public.

5. Police officers frequently have been required to make calls to a location of a party, gathering, or event in order to disperse uncooperative participants, causing a drain of human effort and resources and in some cases, leaving other areas of the City with inadequate police protection.

6. Alameda County respondents to a 2006 BHCS AOD Youth Survey, Berkeley High School youth uniformly had significantly higher rates of alcohol use in the past 30 days (58%) when compared to their county-wide high school cohorts (33% and 35%), and 30% of the Berkeley High School respondents claimed that obtaining alcohol was "easy."

7. According to a 2004 Safer California Universities Study, 58.8% of UC Berkeley students consumed alcohol in the past 30 days, 49.8% of underage UC Berkeley students consumed alcohol in the past 30 days, 44.2% of UC Berkeley students who drank alcohol reported binge drinking in the previous two weeks, and 55.1% of UC Berkeley students surveyed thought it would be "very easy" to find an off-campus party if they wanted to drink alcohol.

B. The purpose of this Chapter is to address the problems identified above and protect the public health, safety and general welfare by enhancing the enforcement of laws prohibiting the consumption of alcohol by minors and reducing the costs of providing police services to parties, gatherings, or events requiring a response, by requiring hosts to ensure minors are not consuming alcoholic beverages. (Ord. 6975-NS § 1 (part), 2007)

As used in this Chapter, the following words and phrases have the meanings set forth in this Section:

A. "Alcohol" shall have the same meaning is in Business & Professions Code section 23003 or any successor section.

B. "Alcoholic beverage" shall have the same meaning is in Business & Professions Code section 23004 or any successor section.

C. "Guardian" means: (1) a person who, under court order, is the guardian of the person of a Minor; or (2) a public or private agency with whom a Minor has been placed by the court.

D. "Minor" means any person under 21 years of age.

E. "Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person.

F. "Gathering" means a group of persons who have assembled or are assembling for a social occasion or social activity.

G. "Premises" means any residence or other private property, individual unit or place, including any commercial or business premises.

H. "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, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. (Ord. 6975-NS § 1 (part), 2007)

A.

1. Except as permitted by state law, it is unlawful for any person to permit, allow, or host a Gathering at their place of residence or other private property, public place, or any other premises under their control where Alcoholic Beverages have been consumed by a Minor, if such person either knows or reasonably should know that a Minor has consumed an Alcoholic Beverage.

2. A person who permits, allows or hosts a Gathering shall be deemed to have actual or constructive knowledge that a Minor has consumed Alcoholic Beverages if the person has not taken all reasonable steps to prevent the consumption of Alcoholic Beverages by Minors as set forth in subdivision (D) below.

3. An person who permits, allows or hosts a Gathering shall be rebuttably presumed to have actual or constructive knowledge that Minors have consumed Alcoholic Beverages if such person is present at the premises of the Gathering at the time any Minor consumes an alcoholic Beverage.

B. This Section shall not apply if all Minors who are consuming an Alcoholic Beverage are being supervised by their Parents or Guardians.

C. This Section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control.

D. It is the duty of any person who permits, allows or hosts a Gathering at their place of residence or other private property, public place, or any other premises under their control, where Minors will be present, to take all reasonable steps to prevent the consumption of Alcoholic Beverages by any Minor at the Gathering. Reasonable steps are controlling access to Alcoholic Beverages at the Gathering, controlling the quantity of Alcoholic Beverages at the Gathering, verifying the age of persons attending the Gathering by inspecting drivers licenses or other government-issued identification cards to ensure that Minors do not consume Alcoholic Beverages at the Gathering, monitoring the activities of persons at the Gathering, and monitoring the conduct of Minors at the gathering.

E. A person who hosts a Gathering shall not be in violation of this Chapter if they seek assistance from the Police Department or other law enforcement agency to remove any person who refuses to abide by the host’ s performance of the duties imposed by this Chapter, or terminate the Gathering because the host has been unable to prevent Minors from consuming Alcoholic Beverages despite having taken all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the Gathering. (Ord. 6975-NS § 1 (part), 2007)

A. Violation of this Chapter is a misdemeanor punishable as set forth in Chapter 1.20 of this code, but may be charged, in the discretion of the citing officer, as an infraction. Violations of this Chapter shall not be charged as misdemeanors unless the citing officer observes egregious violations or aggravating circumstances.

B. Civil penalties under Chapter 1.28 shall be no less than $250 for the first violation, and shall be increased for subsequent violations by the same person.

C. Nothing in this Chapter in any way limits any other remedy that may be available to the City, or any penalty that may be imposed by the City, including but not limited to, under Chapters 1.24, 1.28, 13.40, 13.46 and 13.48. (Ord. 6975-NS § 1 (part), 2007)