La Mesa Municipal Code Ch. 10.38 Consumption of Alcohol by Minors

The city council of the city of La Mesa finds and declares that:

(a) Minors often obtain, possess, or consume alcoholic beverages at parties held on private property under the control of a person who knows or should know 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.

(c) Law enforcement responses to disturbances involving underage consumption of alcoholic beverages at private parties frequently require the use of extensive resources. Further, when law enforcement personnel respond to disturbances at private parties it limits their ability to respond to 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 chapter are reasonable and expected to deter the consumption of alcoholic beverages by minors by holding responsible persons who encourage, are aware of, or should be aware of, the illegal conduct yet fail to prevent it. In addition, the revenue received by the city after cost reimbursement will be directed toward alcohol abuse and prevention education programs in the community.

(Ord. 2006-2772 § 1 (part); September 26, 2006)

The terms used in this chapter have the meaning provided by state law except as expressly provided herein.

(a) An "adult" is any person over the age of twenty-one years.

(b) An "alcoholic beverage" means and includes any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, alcoholic beverages as defined in Section 23004 of the Business and Professions Code, intoxicating liquor, malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy, and any mixture containing one or more alcoholic beverages. Alcoholic beverage includes a mixture of one or more alcoholic beverages whether found or ingested separately or as a mixture.

(c) "Enforcement services" represent 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 chapter.

(d) A "family gathering" is a gathering where each minor present is supervised by his or her parent or legal guardian.

(e) A "legal guardian" is a person who is lawfully vested with the power and charged with the duty of taking care of a minor.

(f) A "minor" is any person under the age of twenty-one years.

(g) A "parent" means and includes any person who is a natural parent, an adoptive parent, a foster parent, or a step-parent.

(h) A "party" is a gathering or event at which a group assembles for a social occasion or activity at a private residence or private premises.

(i) A "private residence" is the place where one actually lives or has his or her home.

(j) "Private premises" is privately-owned land, including any appurtenances or structures on the land.

(k) A "social host" is a person who permits a party where one or more minors consume one or more alcoholic beverages on property owned or controlled by the person.

(Ord. 2006-2772 § 1 (part); September 26, 2006)

(a) No person who owns or controls private property shall allow a party to take place or continue on such private property if a minor at the party obtains, possesses, or consumes any alcoholic beverage and the person knows or reasonably should know, by taking all reasonable steps to prevent alcoholic beverage consumption by the minor as described in subsection (b) of this section, that the minor has obtained, possesses, or is consuming alcoholic beverages at the party.

(b) It is the duty of any person having control of any private property, who knowingly hosts, permits or allows a gathering on the property to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps include, but are not limited to: (i) controlling access to alcoholic beverages, (ii) controlling the quantity of alcoholic beverages, (iii) verifying the age of persons at the gathering by inspecting drivers' licenses or other government-issued identification cards, and (iv) supervising the activities of minors at the gathering.

(Ord. 2006-2772 § 1 (part); September 26, 2006)

Whenever a person having control of the residence or premises is present at that residence or premises at the time that a minor obtains, possesses, or consumes any alcoholic beverage, it shall be prima facie evidence that such person had the knowledge or should have had the knowledge, that the minor obtained, possessed, or consumed an alcoholic beverage at the party.

(Ord. 2006-2772 § 1 (part); September 26, 2006)

This chapter shall not apply to legally protected religious activities or gatherings of family members.

(Ord. 2006-2772 § 1 (part); September 26, 2006)

Each incident in violation of Section 10.38.030 of this chapter shall constitute a separate offense.

(Ord. 2006-2772 § 1 (part); September 26, 2006)

The city attorney and the police department are authorized to administer and enforce the provisions of this chapter. The city attorney and the police department may exercise any enforcement powers provided by law.

(Ord. 2006-2772 § 1 (part); September 26, 2006)

(a) Any person who violates Section 10.38.030 of this chapter is guilty of a misdemeanor.

(b) Any person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to a minor is guilty of a misdemeanor.

(c) Any person who violates subsection (a) of this section, by purchasing an alcoholic beverage for a minor and the minor thereafter consumes the alcohol and thereby proximately causes great bodily injury or death to himself, herself, or any other person, is guilty of a misdemeanor.

(d) Any person who violates subsection (a) of this section by furnishing an alcoholic beverage, or causing an alcoholic beverage to be furnished, to a minor shall be punished by a fine of one thousand dollars, no part of which shall be suspended, and the person shall be required to perform not less than twenty-four hours of community service during hours when the person is not employed and is not attending school.

(e) Any person who violates subsection (b) of this section shall be punished by imprisonment in a county jail for a minimum term of six months not to exceed one year, by a fine not exceeding one thousand dollars, or by both imprisonment and fine.

(f) Pursuant to California Civil Code Section 1714.1, 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.

(g) A social host who 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.

(h) A social host shall be liable for the cost of providing enforcement services in response to a party in which minors have obtained, possessed, or consumed alcoholic beverages. Such costs include reasonable attorneys' fees in the event of litigation.

(Ord. 2006-2772 § 1 (part); September 26, 2006)