Corona Municipal Code Ch. 9.17 Host Obligations to Protect Minors from Alcoholic Beverages at Gatherings

As used in this chapter, the following words and phrases have the meanings set forth in this section.

(A) "Alcohol" shall have the same meaning as in Cal. Business & Professions Code § 23003 or any successor section.

(B) "Alcoholic beverage" shall have the same meaning as in Cal. Business & Professions Code § 23004 or any successor section.

(C) "Guardian" means:

(1) A person who, under 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.

(D) "Minor" means any person under 21 years of age.

(E) "Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person.

(F) "Gathering" means a group of two or more persons who have assembled or are assembling for a social occasion or social activity at a residence or on other public or private property.

(G) "Premises" means any residence or other private property, individual unit or place, including any commercial or business premises.

(H) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

(Ord. 2976, § 1 (part), 2009.)

(A) Except as permitted by state law, it is unlawful for any person to permit, allow, or host a gathering at his or her place of residence or other private property, public place, or any other premises under his or her control where alcoholic beverages have been consumed by a minor, if such person either knows or reasonably should know that a minor has consumed an alcoholic beverage.

(B) A person who permits, allows or hosts a gathering shall be deemed to have actual or constructive knowledge that a minor has consumed alcoholic beverages if the person has not taken all reasonable steps necessary to prevent the consumption of alcoholic beverages by minors, as set forth in subdivision division (F) below.

(C) Any person who permits, allows or hosts a Gathering shall be rebuttably presumed to have actual or constructive knowledge that minors have consumed alcoholic beverages if such person is present at the premises of the gathering at the time any minor consumes an alcoholic beverage.

(D) This section shall not apply if all minors who are consuming an alcoholic beverage are being supervised by their parents or guardians.

(E) This section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control.

(F) It is the duty of any person who permits, allows or hosts a gathering at his or her place of residence, other private property, public place, or any other premises under his or her control, where minors will be present, to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps shall include, at a minimum, the following:

(1) Controlling access to alcoholic beverages at the gathering;

(2) Controlling the quantity of alcoholic beverages at the gathering to an amount which can be monitored and its access controlled effectively;

(3) Verifying the age of persons who consume alcoholic beverages at the gathering by inspecting drivers licenses or other government-issued identification cards; and

(4) Monitoring the activities of persons at the gathering, including minors.

(G) A person who hosts a gathering shall not be in violation of this chapter if he or she, before any other person makes a complaint to the Police Department or other law enforcement agency, seeks assistance from the Police Department or other law enforcement agency to either:

(1) Remove any person who refuses to abide by the host's rules or requirements with respect to his or her performance of the duties imposed by this chapter; or

(2) Terminate the gathering because the host has been unable to prevent minors from consuming alcoholic beverages, despite having taken all reasonable steps to do so.

(Ord. 2976, § 1 (part), 2009.)

(A) Criminal violations of this chapter shall be either an infraction or misdemeanor, in the discretion of the citing officer or City Attorney's Office, punishable as set forth in § 1.08.025 of this Code.

(B) Civil penalties shall be no less than $250 for the first violation, $500 for the second violation by the same person occurring within one year of the first violation, and $1,000 for each subsequent violation by the same person occurring within one year of the first violation.

(C) Nothing in this chapter in any way limits any other remedy that may be available to the city, or any penalty that may be imposed by the city.

(Ord. 2976, § 1 (part), 2009.)

As provided for in § 1.08.020 of this Code, every violation of this Chapter 9.17 shall be deemed to be a public nuisance and abated by the city. The city may seek reimbursement for actual costs associated with the enforcement of this chapter pursuant to §1.08.022 of the Corona Municipal Code, as well as any other applicable law.

(Ord. 2976, § 1 (part), 2009.)