Imperial Municipal Code § 15-2 Prohibiting Alcohol Consumption in Public Places,

(a) No person shall use or consume any alcoholic beverage in or on any public street, roadway, alley, or property owned by the City of Imperial, including City parks. (Ord. 676)

(As to streets and sidewalks generally, see Ch 19 of this Code)

Article I.5 Social Hosts Who Allow Minors to Obtain Possess, or Consume Alcoholic Beverages

(a) Minors often obtain, possess, or consume alcoholic beverages at parties held at private residences or private premises that are under the control of an adult who knows of such conduct but fails to stop it.

(b) Underage consumption of alcoholic beverages 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.

I When law enforcement responds to a disturbance involving underage

consumption of alcoholic beverages at private parties, extensive resources are often used to manage the incident. Further, a large social gathering that requires law enforcement attention takes away valuable resources from other service calls in the community, thereby placing the community at increased risk. Law enforcement is not currently reimbursed for their expenses when called to a private party.

(d) The prohibitions found in this article are reasonable and expected to deter

the consumption of alcoholic beverages by minors by holding responsible adults who know of the illegal conduct yet fail to stop it. In addition, the revenue received by the City after cost reimbursement will be directed toward alcohol and controlled substance abuse and prevention education programs in the community.

15-2.2 Definitions. The terms used in this ordinance have the meaning provided by state law except as expressly provided herein.

(a) “Adult” means any person twenty-one (21) years or over.

(b) “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,

from whatever source or by whatever process produced.

I “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.

(d) “Enforcement services” means the actual amount of time spent by law

enforcement personnel in responding to, or in remaining at, a party, gathering, or event at which a minor obtains, possesses, or uses alcoholic beverages including, but not limited to, the salaries and benefits of such personnel; the actual cost of medical treatment incurred by such personnel; administrative costs attributable to the incident; the cost of repairing and/or replacing any damaged City property; and any other allowable costs related to the enforcement of this ordinance.

(e) “Family gathering” means a gathering where each minor present is

supervised by his or her parent or legal guardian.

(f) “Legal guardian” means a person who is lawfully vested with the power

and charged with the duty of taking care of a minor.

(g) “Juvenile” means any person less than eighteen (18) years of age.

(h) “Minor” means any person under the age of twenty-one (21) years.

(i) “Parent” includes any person who is a natural parent, an adoptive parent, a

foster parent, or a stepparent.

(j) “Party” means a gathering or event at which a group assembles for a social

occasion or activity at a private residence or private premises.

(k) “Person(s) responsible for the event” includes, but is not limited to: (1)

The person(s) who owns, rents, leases, or otherwise has control of the premises where the party, gathering or event takes place; (2) the person(s) in charge of the premises; or (3) the person(s) who organized the event. (If the property or premises is rented, the landlord is not covered by this ordinance unless they are described in (2) or (3) in this paragraph.) If a person responsible for the event is a juvenile, then the parents or guardians of that juvenile will be joint and severally liable for the costs incurred for enforcement services pursuant to this article.

(l) “Private residence” means the place where one actually lives or has his or her home.

(m) “Private premises” means privately owned land, including any

appurtenances or structures on the land.

(n) “Social host” is an adult who permits a party where one or more minors

consume one or more alcoholic beverages on property owned or controlled by the adult.

15-2.3 Prohibition. No adult who owns or controls a private residence or private premises shall allow a party to take place or continue at said residence or premises if a minor at the party obtains, possesses, or consumes any alcoholic beverage and the adult knows that the minor has obtained, possesses, or is consuming alcoholic beverages at the party.

15-2.4 Protected Activities. This ordinance shall not apply to legally protected religious activities of family gatherings.

15-2.5 Separate Violation for each Incident. Each incident in violation of section 15-2.3 shall constitute a separate offense.

15-2.6 Enforcement Authority. The City Attorney and the Imperial Police Department are authorized to administer and enforce the provisions of this article. The City Attorney and the Imperial Police Department may exercise any enforcement powers provided by law.

(a) Any person who knowingly sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to a minor is guilty of an infraction/misdemeanor punishable by a fine not to exceed $500.00 and shall be required to perform not less than 24 hours of community service.

(b) Any person who knowingly violates subdivision (a) above and the minor

thereafter consumes the alcoholic beverage and thereby proximately causes great bodily injury or death to himself, herself, or any other person, is guilty of a misdemeanor and shall be punished by imprisonment in a county jail for a term not to exceed one year, or by a fine not exceeding one thousand dollars ($1,000.00), or by both imprisonment and fine.

I Any act of willful misconduct of a minor that results in injury or death to

another person or in injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct.

(d) A social host who knowingly serves alcoholic beverages to a minor guest may be held liable for injuries sustained by third parties, including City law enforcement personnel, as a result of the minor guest’s negligence.

(e) A social host shall be liable for the cost of providing enforcement services

in response to a party in which minor have obtained, possessed, or consumed alcoholic beverages. Such costs include reasonable attorneys’ fees in the event of litigations. Ord. 715)