Cupertino Municipal Code Ch. 10.05 Social Host Responsibility

For purposes of this chapter, the following terms shall have the following meanings:

"Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer that contain one-half of one percent (0.005) or more of alcohol by volume; and is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. (California Business and Professional Code Section 23004).

"Controlled substance" means a drug or substance whose possession and use are regulated under the California Controlled Substances Act (California Health and Safety Code Section 11000 et seq.). Such term does not include any drug or substance for which the individual found to have consumed or possessed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.

"Event" means a party or gathering where a group of three or more persons assemble for a social occasion or a social activity or for entertainment.

"Loud party, gathering or event" shall mean an incident that results in a "noise disturbance" which disturbs the peace and quiet of a neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the neighborhood, as defined in Chapter 10.48 of the Cupertino Municipal Code.

"Minor" means any person less than eighteen (18) years of age.

"Property" means private property, rented residential premises, or rented commercial residences; including, but not limited to, a home, yard, garage, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, for a party or other social function, and whether owned, leased, rented, or used with or without compensation.

"Social Host" means an adult or underage person responsible for the Event. An Adult Social Host or a Minor Social Host are responsible for the Event if:

1. The person owns, rents, leases or otherwise has control of the premises where the party, gathering or event takes place irrespective of whether such person knew of the event or knew or intended that alcoholic beverages would be possessed or consumed by minors; provided, however, that the term "person" shall not include the owner of the premises where the owner leases or rents the premises to a third party and has no actual knowledge that the party, gathering or event in question would take place on the premises, unless the owner or owner's representative has received written notice pursuant to Section 10.05.030; or

2. The person is present during the Event; or

3. The person is in charge of the premises; or

4. The person organized or advertised the event

5. If the Event involves a Minor Social Host, the parents or guardians will be considered persons responsible and held jointly and severally liable for penalties imposed pursuant to this chapter, irrespective of whether the parent(s) knew or should have known of the Event or that alcoholic beverages or drugs were intended to be made available to minors.

"Underage person" means any person under twenty-one (21) years of age.

"Unruly party, gathering or event" is any incident that threatens the public health, safety or welfare and is unlawful under the provisions of this Code or the laws of the State of California.

(Ord. 18- 2172, § 1 (part), 2018)

It shall be unlawful and a public nuisance for any person to host an Event on Property where either alcohol or controlled substances are served to, consumed by, made available to, or in the possession of minors or underage persons, or where said substances are allowed to be used or ingested by minors or underage persons.

(Ord. 18-2172, § 1 (part), 2018)

Violations of this Chapter shall constitute a civil infraction subject to enforcement by the Santa Clara County Sheriff or the City's code enforcement officers, as follows:

A. Adult Social Hosts and the parents or guardians of Minor Social Hosts shall be subject to the following fines and penalties for violations:

1. Issuance of a written warning and a cease and desist notice on the first offense/violation, as determined by the Sheriff or City Code Enforcement Officer within their discretion;

2. A fine not exceeding five hundred dollars ($500.00) for a second violation occurring within one (1) year of the written warning; and

3. A fine not exceeding one thousand dollars ($1,000.00) for a third violation and any subsequent violation occurring within a one year period.

B. Minor Social Hosts shall be required to:

1. Complete a sheriff-approved alcohol and drug abuse prevention course after the first violation; and

2. Twenty-five (25) hours of community service for the second violation occurring within a one year period; and

3. Forty (40) hours of community service for the third violation and any subsequent violation occurring within a one year period.

(Ord. 18-2172, § 1 (part), 2018)

Remedies under this Chapter are cumulative and not exclusive. They are in addition to and do not supersede or limit any and all other remedies, civil or criminal, provided by law.

(Ord. 18-2172, § 1 (part), 2018)