Big Bear Lake Municipal Code Ch. 9.37 Social Hosts and Consumption of Alcoholic Beverages by Minors

The city council makes the following findings concerning minors' consumption of alcoholic beverages:

A. Minors often obtain, possess or consume alcoholic beverages at gatherings held on private property under the control of a person who knows or should know of the conduct but fails to stop it.

B. Underage consumption of alcoholic beverages poses an immediate threat to the public health, safety and welfare in that it increases alcohol abuse by minors, physical altercations, violent crimes including rape and other sexual offenses, accidental injury, neighborhood vandalism and excessive noise disturbance, all of which may require intervention by local law enforcement and other emergency response personnel.

C. Law enforcement and other emergency personnel responses to disturbances involving underage consumption of alcoholic beverages at gatherings frequently require the use of extensive resources. Further, when these personnel respond to such disturbances, it limits their ability to respond to other service calls in the community, thereby placing the community at increased risk. Law enforcement and other emergency personnel are not currently reimbursed for their expenses when called to multiple disturbances involving underage consumption of alcoholic beverages at gatherings.

D. The prohibitions found in this chapter are reasonable and expected to deter consumption of alcoholic beverages by minors by holding persons responsible who encourage, and are aware of or should be aware of, the illegal consumption of alcoholic beverages by minors, but fail to take reasonable steps to prevent it.

(Ord. No. 2012-419, § 1, 5-14-2012)

The following definitions shall apply to this chapter:

A. "Alcoholic beverage." 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 or used for beverage purposes either alone or when diluted, mixed, or combined with other substances.

B. "Enforcement services." The actual amount of time spent by law enforcement, code enforcement, fire or other emergency response personnel in responding to, or in remaining at, or returning from a gathering at which a minor obtains, possesses or uses alcoholic beverages including, but not limited to, the salaries and benefits of these personnel, the actual cost of medical treatment incurred by these personnel, administrative costs attributable to the incident, the cost of repairing or replacing any damaged city property, and any other allowable costs related to the enforcement of this chapter.

C. "Gathering." A party, event or other group of two or more persons who have assembled or are assembling for a social occasion or other activity on private property.

D. "Juvenile." Any person under the age of eighteen (18) years.

E. "Legal guardian." A person who is legally vested with the power and charged with the duty of taking care of a juvenile.

F. "Minor." Any person under the age of twenty-one (21) years.

G. "Parent." Any person who is a natural parent, an adoptive parent, a foster parent, a step-parent, or who acts in loco parentis for a juvenile.

H. "Private property." A private residence, where one actually lives or has his or her home, or any other privately owned land, including vacant land or any appurtenances or structures on the land.

I. "Social host." Any of the following:

1. The person or persons who own or instead, where a residence is at the time of a gathering subject to a rental or similar agreement, is paying to rent private property ("the rentee") where a gathering takes place, who knows or reasonably should know that one or more minors would or will consume, or is consuming, one or more alcoholic beverages;

2. The person or persons in charge of private property where a gathering takes place, who knows or reasonably should know that one or more minors would or will consume, or is consuming, one or more alcoholic beverages;

3. The person or persons who organized a gathering where one or more minors consume one or more alcoholic beverages.

(Ord. No. 2012-419, § 1, 5-14-2012)

It is the duty of a social host who knowingly hosts, permits, or allows a gathering on the property to take reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps include, but are not limited to, (i) controlling access to alcoholic beverages, (ii) controlling the quantity of alcoholic beverages present at the gathering, (iii) verifying the age of each person attending the gathering by inspecting each person's driver's license or other government-issued identification card, and (iv) supervising the activities of minors at the gathering.

A. No social host shall allow a gathering to take place or continue on private property if a minor at the gathering obtains, possesses, or consumes any alcoholic beverage and the social host knows, or reasonably should know, that the minor has obtained, possesses, or is consuming alcoholic beverages at the gathering.

B. No social host shall allow a gathering to take place or continue on private property if a minor at the gathering obtains, possesses, or consumes any alcoholic beverage, when the social host has not taken reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering.

(Ord. No. 2012-419, § 1, 5-14-2012)

This chapter shall not apply to any person who provides an alcoholic beverage to a minor as permitted by Article 1, Section 4, of the California Constitution.

(Ord. No. 2012-419, § 1, 5-14-2012)

Each incident in violation of Section 9.37.030 shall constitute a separate offense and shall be punishable or actionable as set forth in this chapter.

(Ord. No. 2012-419, § 1, 5-14-2012)

The district attorney, city attorney, and city law enforcement are authorized to administer and enforce the provisions of this chapter. The district attorney, city attorney, and city law enforcement may exercise any enforcement powers provided by law.

(Ord. No. 2012-419, § 1, 5-14-2012)

All remedies and penalties provided for in this chapter shall be cumulative and discretionary, and not exclusive.

(Ord. No. 2012-419, § 1, 5-14-2012)

A. Any person who violates Section 9.37.030 of this chapter is guilty of a misdemeanor and shall be punished in the same manner and under the same authority as provided in Chapter 1.16 of this Code.

B. If any person is arrested by a city law enforcement officer or any other officer authorized to enforce the provisions of this chapter (hereinafter "arresting officer"), the arresting officer shall issue a notice to appear (the "criminal citation") to such person, pursuant to Penal Code section 853.6, and request that the person sign the notice to appear, which shall constitute the person's written promise to appear in court. After obtaining the written promise to appear, the arresting officer shall immediately release the person. If the person cited refuses to sign the notice to appear, the arresting officer, unless the arresting officer is a sworn peace officer, must immediately release the person and refer the matter to the city attorney or other appropriate agency for appropriate action.

(Ord. No. 2012-419, § 1, 5-14-2012)

A. When city law enforcement or other emergency personnel intervene at a gathering that is a violation of this chapter, a subsequent response fee shall be assessed for the enforcement services of each and every subsequent law enforcement or emergency personnel response within twelve (12) hours of the initial violation. A subsequent response fee shall be imposed when:

1. A law enforcement officer at the scene of the gathering has given written notice to a social host that the gathering violates the law; and

2. A subsequent law enforcement or emergency response to the gathering is required.

B. The subsequent response fee shall be the actual cost of the enforcement services, as defined by this chapter, but in no event shall the subsequent response fee exceed one thousand dollars ($1,000.00) per subsequent response, per agency responding.

C. The social host or hosts, as defined by this chapter, shall be jointly and severally liable for the subsequent response fee. Where the social host is a juvenile, the parents or guardians of that juvenile shall be jointly and severally liable for the subsequent response fee.

D. The amount of the subsequent response fee imposed pursuant to this chapter shall be a debt, owed to the city, of the social host or hosts and, if minors, their parents or guardians. Any person who does not remit the subsequent response fee to the city within the specified time shall be liable in an action brought by the city in its own name to recover such amount, plus costs and reasonable attorneys' fees.

E. The city shall cause appropriate billings to be sent to the social host. Where there is more than one social host or person responsible for the subsequent response fee, the city may, at its sole and absolute discretion, bill each such person for the portion of the subsequent response fee that is attributable to such person.

F. Any person receiving a bill for subsequent response fees may, within fifteen (15) days after the bill is mailed, file a written request with the city appealing the bill. Any appeal regarding the bill shall be heard by a designated representative of the city. After a request for appeal is filed, the city shall refrain from collection of the bill until conclusion of the appeal. If after a hearing, the appeal is denied in part or in full, all amounts due shall be paid within thirty (30) days of the denial.

G. Any subsequent response fee assessed is in addition to the authority of city law enforcement to regulate such gatherings and shall supplement, and not supplant, the exercise or enforcement of any other law including, but not limited to, arrestor citation pursuant to the California Penal Code or the provisions of this Code, including other provisions of this chapter.

(Ord. No. 2012-419, § 1, 5-14-2012)

As an alternative to the criminal or civil enforcement of this chapter, all violations of this chapter may be subject to enforcement through the use of administrative citations in accordance with California Government Code section 53069.4 and this section, and in the same manner and under the same authority as provided under Chapter 1.17 of this Code.

(Ord. No. 2012-419, § 1, 5-14-2012)

If any provisions of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

(Ord. No. 2012-419, § 1, 5-14-2012)

No provision within this chapter shall apply where prohibited or preempted by state or federal law.

(Ord. No. 2012-419, § 1, 5-14-2012)