Ceres Municipal Code Ch. 12 Social Host Liability

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

Adult means any person of 21 or more years in age.

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

Alcoholic beverage means any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, alcoholic beverages as defined in California Business and Professions Code section 23004, intoxicating liquor, malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy, and any mixture containing one or more alcoholic beverages. Alcoholic beverage includes a mixture of one or more alcoholic beverages whether found or ingested separately or as a mixture.

Family gathering means a gathering where each minor present is supervised by his or her parent or legal guardian.

Gathering means a party, gathering, or event where a group of two or more persons have assembled or are assembling for a social activity.

Legal guardian means a person who, by court order, is the guardian of the person or a minor, or a public or private agency with whom a minor has been placed by the court.

Minor means any person under the age of 21 years.

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

Premise means any residence or other private property, place, or premises, including any commercial or business premises.

Responsible person means a person or persons with a right of possession of the premises, including, but not limited to:

1. An owner of the residence or other private property, place or premises, including any commercial or business premises;

2. A tenant or lessee of the residence or other private property, place or premises, including any commercial or business premises;

3. The landlord of another person responsible for the gathering;

4. The person(s) in charge of the residence or other private property, place or premises, including commercial or business premises; and

5. The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering.

Social host means a person who knowingly hosts, permits, or allows a gathering to take place where one or more minors consume one or more alcoholic beverage on property owned or controlled by the person and the person knows or reasonably should have known that the minor is consuming or has consumed an alcoholic beverage.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. Minors often obtain, possess, or consume alcoholic beverages and marijuana at gatherings held at private residences or other private property, places or premises, including rented commercial premises which are under the control of a person who knows or should know of the consumption of alcoholic beverages and marijuana by minors, yet persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages and marijuana by minors at these gatherings.

B. Consumption of alcoholic beverages and marijuana by minors is harmful to the minors themselves and 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.

C. Law enforcement responses to gatherings involving consumption of alcoholic beverages and marijuana by minors often requires extensive resources to manage the incident. Further, when law enforcement personnel respond to gatherings involving the consumption of alcoholic beverages or marijuana by minors it takes away valuable resources from other service calls in the community, thereby placing the community at increased risk. Law enforcement, fire, and emergency response services are not currently reimbursed for the response cost associated when called to a premise or gathering where minors obtain, possess, or consume alcoholic beverages or marijuana.

D. The prohibitions found in this chapter are reasonable and expected to deter the consumption of alcoholic beverages and marijuana by minors by holding responsible persons who know of, or should know of, the illegal conduct yet fail to stop or prevent it. In addition, the revenue received by the city after cost reimbursement, will be directed toward alcohol and drug abuse and prevention education programs in the community.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. No person having control of any premises shall knowingly host, permit, or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage or marijuana. A violation of this section, whenever the person having control of the premises knows a minor consumed an alcoholic beverage or marijuana, or should have known, had the person taken all reasonable steps to prevent the consumption as set forth in subsection B of this section.

B. Any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises shall take all reasonable steps to prevent the consumption of alcoholic beverages and marijuana by any minor at the gathering. Reasonable steps include, but are not limited to:

1. Controlling access to alcoholic beverages and marijuana at the gathering;

2. Controlling the quantity of alcoholic beverages at the gathering;

3. Verifying the age of persons attending the gathering by inspecting drivers' licenses or other government-issued identification; and

4. Supervising the activities of minors at the gathering.

C. This section shall not apply to conduct involving the use of alcoholic beverages or marijuana that occurs exclusively between a minor and his or her parent or guardian, as permitted by article I, § 4, of the California Constitution or if the event is a family gathering as defined by this Code.

D. This section shall not apply to any California Department of Alcoholic Beverages Control licensee at any premises regulated by the Department of Alcoholic Beverages Control.

(Ord. No. 2020-1056, § 1, 2-24-2020)

Physical presence of the responsible person or social host having control of the premises at the time a minor obtains, possesses, or consumes any alcoholic beverage or marijuana shall serve as prima facie evidence that the responsible person or social host had the knowledge or should have had the knowledge that the minor obtained the alcoholic beverage or marijuana at the gathering.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. The City does not waive its right to seek reimbursement for actual costs of services associated with the enforcement of this chapter through other legal remedies or procedures.

B. The procedure provided for in this chapter is in addition to any other statute, ordinance or law, civil or criminal. This chapter in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this chapter, nor does it limit in any way the prosecution's ability to initiate and prosecute a criminal prosecution for any violation of a criminal offense arising out of the same circumstances necessitating the application of this chapter.

(Ord. No. 2020-1056, § 1, 2-24-2020)

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. 2020-1056, § 1, 2-24-2020)