Calexico Municipal Code Ch. 9.40 Social Host

The Calexico city council finds and determines that youth often obtain alcoholic beverages or possess and use drugs at parties held at private residences or at rented residential and commercial premises which are under the control of an adult who knows or should know of the illegal conduct and fails to stop it. The city council further finds that underage drinking results in an increase in alcohol abuse by minors, physical altercations, and violent crimes including rape and other sexual offenses, accidental injury, neighborhood vandalism, and excessive noise disturbance, all of which may require intervention by law enforcement. The city council further finds and determines that adults who will be held responsible for abetting or tolerating such conduct will be more likely to properly supervise or stop such parties on property under their control. It is the purpose of this chapter to impose criminal liability on adults who control the property on which such parties occur who fail to properly supervise or stop them. When law enforcement responds to a disturbance involving underage consumption of alcoholic beverages at private parties, extensive resources are often used to manage the incident. Further, a large social gathering that requires law enforcement attention takes away valuable resources from other service calls in the community, thereby placing the community at increased risk. Law enforcement is not currently reimbursed for their expenses when called to a private party.

It is the further purpose of this chapter to impose civil liability for the recovery of the costs of enforcement services and to provide for the recovery of reasonable attorneys fees in the event of litigation.

(Ord. 1049 § 1 (part), 2007)

The terms used in this chapter have the meaning provided by state law except as expressly provided herein.

"Adult" means any person twenty-one years or over.

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

"Alcoholic beverage" means and 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.

"Enforcement services" means the actual amount of time spent by law enforcement personnel in responding to, or in remaining at, a party, gathering, or event at which a minor obtains, possesses, or uses alcoholic beverages including, but not limited to, the salaries and benefits of such personnel; the actual cost of medical treatment incurred by such personnel; administrative costs attributable to the incident; the cost of repairing and/or replacing any damaged city property; and any other allowable costs related to the enforcement of this chapter.

"Juvenile" means any person less than eighteen years of age.

"Legal guardian" means a person who is lawfully vested with the power and charged with the duty of taking care of a minor.

"Minor" means any person under the age of twenty-one years.

"Parent" means includes any person who is a natural parent, an adoptive parent, a foster parent, or a stepparent.

"Party" means a gathering or event at which a group assembles for a social occasion or activity at a private residence or private premises.

"Person(s) responsible for the event" means and includes, but is not limited to:

(1) The person(s) who owns, rents, leases, or otherwise has control of the premises where the party, gathering or event takes place;

(2) The person(s) in charge of the premises; or

(3) The person(s) who organized the event.

(If the property or premises is rented, the landlord is not covered by this chapter unless they are described in subsection 2 or 3 of this definitions.) If a person responsible for the event is a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for the costs incurred for enforcement services pursuant to this chapter.

"Private premises" means privately owned land, including any appurtenances or structures on the land.

"Private residence" means the place where one actually lives or has his or her home.

"Social host" is any person who permits a party where one or more minors consume one or more alcoholic beverages on property owned or controlled by such person.

(Ord. 1049 § 1 (part), 2007)

It is unlawful for any person who owns or controls a private residence or private premises ("person(s) responsible for the event") to allow a party to take place or continue at said residence or premises if a minor at the party obtains, possesses, or consumes any alcoholic beverage and such person knows that the minor has obtained, possesses, or is consuming alcoholic beverages at the party.

(Ord. 1049 § 1 (part), 2007)

Whenever the social host is present at that residence or premises at the time that a minor uses or consumes any alcoholic beverage or controlled substance thereon, it shall be prima facie evidence that such social host had the knowledge specified in Section 9.40.030 of this chapter.

(Ord. 1049 § 1 (part), 2007)

Violations of this chapter may be criminally cited or charged as either an infraction or a misdemeanor in accordance with Chapter 1.24 of the Calexico Municipal Code at the discretion of the citing officer or the city attorney. Violations of this chapter may also be treated under Chapters 1.26 and 1.27 of this code as administrative citations.

(Ord. 1049 § 1 (part), 2007)

When a party prohibited by Section 9.40.030 occurs and a police officer or code enforcement officer is called to the scene, the person responsible for the event shall be liable for the cost of providing enforcement services in response to the illegal conduct. Such costs include reasonable attorneys' fees in the event of litigation. If a person responsible for the event is a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for the costs incurred for enforcement services pursuant to this chapter.

(Ord. 1049 § 1 (part), 2007)

This chapter shall not apply to:

A. Legally protected religious activities;

B. Conduct involving the use of alcoholic beverages, which occurs exclusively between a minor child and his or her parent or legal guardian; and

C. Any location or place regulated by the California Department of Alcohol and Beverage Control.

(Ord. 1049 § 1 (part), 2007)

Each incident in violation of Section 9.40.030 shall constitute a separate offense.

(Ord. 1049 § 1 (part), 2007)

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

(Ord. 1049 § 1 (part), 2007)