Chula Vista Municipal Code Ch. 9.14 Alcohol, Marijuana, or Other Controlled Substance Consumption by Minors

ALCOHOL, MARIJUANA, OR OTHER CONTROLLED SUBSTANCE CONSUMPTION BY MINORS

Sections:

• 9.14.010 Purpose and intent.

• 9.14.020 Definitions.

• 9.14.030 Consumption of alcohol, marijuana, or other controlled substances by minor prohibited in public place, place open to public, or place not open to public.

• 9.14.040 Hosting, permitting, or allowing a party, gathering, or event where minors consume alcoholic beverages, marijuana, or other controlled substances prohibited.

• 9.14.050 Mandatory minimum fines.

• 9.14.060 Reservation of legal options.

• 9.14.070 Local authority.

The City Council finds and declares as follows:

A. The City of Chula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents.

B. The occurrence of parties, gatherings, or events on private property where alcoholic beverages, marijuana, or other controlled substances are consumed by minors are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of property, and general welfare.

C. Minors often obtain alcoholic beverages, marijuana, or other controlled substances 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, marijuana, or other controlled substances by minors.

D. Persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages, marijuana, or other controlled substances by minors at these gatherings.

E. The ability of police officers to control gatherings on private property where alcoholic beverages, marijuana, or other controlled substances are consumed by minors is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public.

F. Gatherings involving consumption of alcohol, marijuana, or other controlled substances by minors, as defined by this chapter, are unlawful and constitute a public nuisance pursuant to state law and provisions of this Municipal Code.

G. The purpose and intent of this chapter is: (1) to protect the public health, safety, and general welfare of people and premises in the City, including the quiet enjoyment of property; (2) to enforce laws prohibiting the consumption of alcohol, marijuana, or other controlled substances by minors; and (3) to reduce the costs of providing police services to parties, gatherings, or events requiring a response by requiring the person who knowingly hosts, permits, or allows a party, gathering, or event to ensure minors are not consuming alcoholic beverages, marijuana, or other controlled substances through criminal, civil, administrative, and other penalties as allowed by state and local law. (Ord. 3401 § 1, 2017; Ord. 3066 § 1, 2007).

For purposes of CVMC 9.14.010 through 9.14.070, the following definitions shall apply:

“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.

“Controlled substance” means a drug or substance whose possession and use are regulated under the Controlled Substances Act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.

“Gathering” is a party, gathering, or event where a group of three or more persons have assembled or are assembling for a social occasion or social activity.

“Legal guardian” means: (1) a person who, by 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.

“Marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds, or resin. For purposes of this chapter, marijuana also means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

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

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

“Premises” means any residence or other private property, place, or premises, including any commercial or business premises.

“Response costs” are the costs associated with responses by law enforcement, fire, and other emergency response providers to a gathering, including but not limited to: (1) salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s); (2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response

personnel injured responding to, remaining at, or leaving the scene of a gathering; (3) the cost of repairing any City equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of a gathering; and (4) any other allowable costs related to the enforcement of CVMC 9.14.030 and 9.14.040. (Ord. 3401 § 1, 2017; Ord. 3066 § 1, 2007).

Except as permitted by state law, it is unlawful for any minor to:

• A. Consume at any public place or any place open to the public any alcoholic beverage, marijuana, or other controlled substance; or

• B. Consume at any place not open to the public any marijuana or other controlled substance; or

• C. Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. (Ord. 3401 § 1, 2017; Ord. 3066 § 1, 2007).

• A. Imposition of Duty and Violation.

  1. It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana, or other controlled substances by any minor at the gathering. Reasonable steps are prohibiting controlled substances at the gathering; controlling access to alcoholic beverages and marijuana at the gathering; controlling the quantity of alcoholic beverages and marijuana present at the gathering; verifying the age of persons attending the gathering by inspecting driver’s licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages or marijuana while at the gathering; and supervising the activities of minors at the gathering.

2. It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, marijuana, or other controlled substance, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage, marijuana, or other controlled substance or reasonably should have known that a minor consumed an alcoholic beverage, marijuana, or other controlled substance had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage, marijuana, or other controlled substance by a minor as set forth in subsection (A)(1) of this section.

B. This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian, as permitted by Article I, Section 4, of the California Constitution.

C. This section shall not apply to any California Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control. (Ord. 3401 § 1, 2017; Ord. 3066 § 1, 2007).

Criminal violations of CVMC 9.14.030 and 9.14.040 shall be punishable, on a first offense, by a mandatory minimum fine of $100.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended, and, on second and subsequent offenses, by a mandatory minimum fine of $200.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended. Notwithstanding other provisions of the Municipal Code, violations of the provisions of this chapter may also be subject to an administrative fine of $1,000 per incident, as allowed by CVMC 9.14.060. The administrative fine shall constitute a debt of the responsible person to the City, and shall be payable to the City in the manner provided in Chapters 1.40 and 1.41 CVMC and other applicable law. If the responsible person is a minor, the parent or guardian of the minor shall be jointly and severally liable under this section. (Ord. 3066 § 1, 2007).

Violations of CVMC 9.14.030 and 9.14.040 may be prosecuted by the City of Chula Vista, in the name of the people of the state of California, criminally, civilly, and/or administratively as provided by the Municipal Code. The City of Chula Vista may seek administrative fees and response costs associated with enforcement of CVMC 9.14.030 and 9.14.040, through all remedies or procedures provided by statute, ordinance, or law. CVMC 9.14.030 and 9.14.040 shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by CVMC 9.14.030 and 9.14.040, nor shall they limit the City of Chula Vista’s or the people of the state of California’s ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of CVMC 9.14.030 or 9.14.040. (Ord. 3066 § 1, 2007).

CVMC 9.14.010 through 9.14.060 shall not apply where prohibited or preempted by State or federal law. (Ord. 3066 § 1, 2007).