Chico Municipal Code Ch. 9.31 Social Host Liability

The city council finds as follows:

A. The City of Chico, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety, and general welfare of its residents;

B. The occurrence of gatherings on private property where alcoholic beverages are served to, or consumed by, underage persons is harmful to the underage persons themselves and a threat to public health, safety, quiet enjoyment of residential property, and general welfare;

C. Underage persons often obtain alcoholic beverages at gatherings held at private residences or at rented residential and commercial premises that are under the control of a person who knows or should know of the underage service and consumption but who fails to ensure that alcoholic beverages are neither served to, nor consumed by, underage persons;

D. Persons held responsible for abetting or tolerating gatherings where alcoholic beverages are served to, or consumed by, underage persons will be more likely to properly supervise and prevent such gatherings held on property under their possession or control; and

E. In the past and present, city law enforcement and fire personnel have, and are required to respond, sometimes on multiple occasions, to gatherings on private property at which alcoholic beverages are served to, or consumed by, underage persons, and responses to such gatherings result in a disproportionate expenditure of public safety resources by the City of Chico and often delay police and fire responses to regular and emergency calls to the remainder of the city.

(Ord. 2447)

The purposes of this ordinance are:

A. To protect public health, safety, and general welfare;

B. To enforce laws prohibiting the service to, and consumption of, alcoholic beverages by underage persons; and

C. To reduce the city’s costs of providing police and fire emergency response services to gatherings where alcoholic beverages are served to, or consumed by, underage persons, by imposing a civil fee against responsible persons for the recovery of the costs associated with providing multiple law enforcement and fire emergency response services to such gatherings.

(Ord. 2447)

For the purposes of this chapter:

“Alcohol” means 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.

“Emergency response costs” means the costs associated with responses by city law enforcement and fire personnel to unlawful gatherings, including but not limited to:

1. The salaries and benefits of law enforcement and fire personnel for the amount of time responding to, or remaining at, unlawful gatherings and the administrative costs attributable to such responses;

2. The cost of any medical treatment to, or for, any law enforcement and fire personnel responding to, remaining at, or leaving the scene of an unlawful gathering; and

3. The cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment or property damaged, responding to, remaining at, or leaving the scene of an unlawful gathering.

“Enforcement officer” means any peace officer providing law enforcement services within the City of Chico.

“Juvenile” means any person under 18 years of age.

“Legal guardian” means: (1) a person who, by court order, is the guardian of a person under 18 years of age, or (2) a public or private agency with whom a person under the age of 18 years has been placed by a court of competent jurisdiction.

“Minor” means any person under 21 years of age.

“Parent” means a person who is a natural parent, an adoptive parent, a foster parent, or a stepparent of another person.

“Responsible person” means a person or persons with a right of possession in the residence or other private property at which an unlawful gathering is conducted, including but not limited to:

• 1. An owner of the residence or other private property;
• 2. A tenant or lessee of the residence or other private property;
• 3. Any person(s) receiving money or other consideration for granting access to an unlawful gathering; and

4. Any person(s) who organizes, supervises, officiates, conducts, or controls the unlawful gathering or any other person(s) accepting responsibility for an unlawful gathering.

“Unlawful gathering” means a party, gathering, or event at a residence or other private property, place, or premises where minors are present and alcoholic beverages are in the possession of, or are being consumed by, any minors.

(Ord. 2447)

It is unlawful for any responsible person to conduct, aid, allow, permit, or host an unlawful gathering at his or her place of residence or other private property, place, or premises.

(Ord. 2447)

This chapter shall not apply to:

A. Any California Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control.

B. The possession or consumption of alcohol by a minor in conjunction with legally-protected religious practices or legally-protected family gatherings which occur exclusively between a minor and his or her parent or legal guardian pursuant to Article 1, Chapter 4 of the California Constitution.

C. Any person who calls 911 and reports that a minor is in need of medical attention due to alcohol consumption, is the first person to make the 911 call, and when reporting that a minor is in need of medical assistance, remains on the scene with the minor until medical assistance arrives and cooperates fully with both law enforcement and medical personnel.

D. Any person who conducts, aids, allows, permits, or hosts a party, gathering, or event who requests immediate assistance from law enforcement to remove any person who refuses to abide by the requirements of this chapter, or requests assistance to terminate a party, gathering, or event because of the requesting person’s inability to prevent minors from possessing or consuming alcoholic beverages despite having taken reasonable steps to do so, on the condition that such a request is made before any other person makes a complaint to law enforcement regarding the party, gathering, or event.

(Ord. 2447)

This chapter may be enforced by any peace officer providing law enforcement services within the City of Chico.

(Ord. 2447)

Any person violating any provision of this chapter is guilty of an infraction and shall be punished by a fine of not less than $500 for the first offense and $1,000 for each subsequent offense committed within a 12-month period.

(Ord. 2447)

Any person convicted of a second or subsequent violation of this chapter within a 12-month period shall be civilly liable to the city for all emergency response costs incurred by the city arising out of the second or subsequent response to an unlawful gathering.

(Ord. 2447)

The amount of the emergency response costs incurred by the city as a result of a second or subsequent response to an unlawful gathering shall be adopted by resolution of the city council.

(Ord. 2447)

Where the chief of police determines that a second or subsequent response has been made to an unlawful gathering within the 12-month period following the initial response to an unlawful gathering at the same location, the chief of police shall assess an emergency response fee against any responsible person upon the person's second or subsequent violation of this chapter within a 12-month period.

Where two or more responsible persons are assessed an emergency response fee for the same unlawful gathering, all such persons shall be jointly and severally liable to the city for the full amount of such fee. In the event that the responsible person is a juvenile, then the parent(s) or legal guardian(s) of the juvenile shall be jointly and severally liable for the full amount of such fee.

(Ord. 2447)

Upon determining to assess an emergency response fee against a person responsible for an unlawful gathering, the chief of police shall cause notice of the assessment to be served on such person by depositing such notice in the United States mail, first class postage prepaid, to the person at the person’s last known address. Such notice shall contain the following information:

A. The name(s) of the person(s) liable for the emergency response costs;

B. The address of the residence or other private property where the unlawful gathering occurred;

C. The date and time of the second or subsequent response;

D. The law enforcement and fire personnel who responded to the second or subsequent response;

E. An itemized list of the emergency response costs for which the responsible person is liable; and

F. Notice of the right to an administrative review regarding the emergency response fee by the chief of police pursuant to section 9.31.130, provided that the responsible person files a written request for an administrative review no later than 15 days from the date the notice of assessment of the fee was mailed to such person.

(Ord. 2447)

Every emergency response fee assessed upon a person responsible for an unlawful gathering shall be due and payable on or before the last day of the month immediately following the month in which notice of the assessment of the fee was mailed to such person. In the event of the failure of a person assessed an emergency response fee to pay such fee when due, a delinquency penalty of ten percent shall be added to the fee on the last day of each month after the due date thereof, provided, however, that the total amount of such penalties shall not exceed fifty percent of the fee. In addition, in the event of the failure of a person assessed an emergency response fee to pay such fee when due, such person shall be assessed interest on the amount of the delinquent fee, exclusive of any penalties thereon, at the rate of one percent per month, or any fraction thereof, from the date the fee first became delinquent until the date the fee is paid.

(Ord. 2447)

A. Right to Administrative Review. Any person assessed an emergency response fee in the manner provided by this chapter may apply to the chief of police for administrative review of the determination by the chief of police to assess such fee and/or the determination of the chief of police as to the amount of the fee.

B. Application for Administrative Review. Application for administrative review of a determination of the chief of police to assess an emergency response fee or a determination of the chief of police as to the amount of the such fee shall be in writing and shall be filed with the police department by the person against whom the fee was assessed no later than 15 days from the date the notice of assessment of the fee was mailed to such person. In addition to setting forth the request for administrative review of such determination, such application shall contain a brief statement of the reasons why the person against whom the fee was assessed believes that the determination does not comply with the provisions of this chapter as well as a statement of the relief being requested.

C. Decision on Application for Administrative Review. Upon the filing of a timely application for administrative review of the determination of the chief of police to assess an emergency response fee or a determination as to the amount of such fee, the chief of police shall consider the application and render a decision either affirming, reversing, or modifying the determination. Prior to rendering a decision, the chief of police, in his or her sole discretion, may convene a hearing for the purpose of reviewing evidence or hearing arguments bearing on the determination. If such a hearing is convened, notice of the date, time, and place of the hearing shall be served by mail on the person having requested administrative review of the determination a reasonable time prior to such hearing. After rendering a decision, the chief of police shall promptly cause written notice of the decision to be served by mail on the person having requested administrative review of the determination by depositing such notice in the United States mail, first class postage prepaid.

D. Payment of an Emergency Response Fee Following Administrative Review. Where the chief of police renders a decision to affirm a determination to assess an emergency response fee and/or to affirm a determination as to the amount of the fee so assessed, either in whole or in part, following the filing of an application for administrative review of such determination, such fee or such part thereof found by the chief of police to have been validly assessed shall not be due and payable until the last day of the month immediately following the month in which notice of such decision was mailed to the person against whom the fee was assessed.

(Ord. 2447)

Where the chief of police renders a decision affirming a determination to assess an emergency response fee, in whole or in part, after administratively reviewing the determination in the manner provided by this chapter, the person against whom the fee was assessed and who requested administrative review of such determination, may appeal the decision to the city manager within 15 days from the date that notice of the decision of the chief of police was mailed to the person requesting administrative review.

Upon receiving an appeal, the city manager shall review the decision of the chief of police and may request additional information from either the appellant or the chief of police in considering the appeal. The city manager may affirm, reverse, or modify the decision of the chief of police. Notice of the city manager’s decision shall be made in writing by depositing notice of the decision in the United States mail, first class postage prepaid, to the appellant. The city manager’s decision on the appeal shall be final and may not be appealed to the city council.

(Ord. 2447)

The remedies provided under this chapter are cumulative and shall not restrict the city’s use of any other remedies to which it is entitled under either law or equity and nothing in this chapter shall preclude the imposition of any criminal penalty under state law.

(Ord. 2447)