Article V — SOCIAL HOST LIABILITY

alcoholic beverages at parties held at private residences or private premises that are under the control of an adult who knows of the illegal conduct but fails to stop the conduct.

by minors, physical altercations, and violent crimes including rape and other sexual offenses, accidental injury, neighborhood vandalism, and excessive noise disturbance, all of which may require intervention by law enforcement.

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.

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 County after cost reimbursement will be directed toward alcohol and controlled substance abuse and prevention education programs in the community.

private premises and fail to properly supervise or stop minors from obtaining, possessing, or consuming

alcoholic beverages. It further requires reimbursement for the costs associated with enforcement including reasonable attorneys' fees in the event of litigation.

(Ord. No. 2870, § 1, 6-17-2008)

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.

(c)

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 County property; and any other allowable costs related to the enforcement of this article.

(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 article 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 jointly and severally liable for the costs incurred for enforcement services pursuant to this chapter.

(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.

(Ord. No. 2870, § 1, 6-17-2008)

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.

(Ord. No. 2870, § 1, 6-17-2008)

(Ord. No. 2870, § 1, 6-17-2008)

chapter. The District Attorney and the Sheriff may exercise any enforcement powers provided by law.

(Ord. No. 2870, § 1, 6-17-2008)

alcoholic beverage to a minor is guilty of a violation of this chapter and shall be:

a.

Guilty of an infraction and punished by a fine of one hundred dollars ($100.00) for the first offense.

b.

Guilty of an infraction and punished by a fine of not less than two hundred dollars ($200.00) for the second offense;

c.

The third and subsequent offenses shall constitute a misdemeanor and shall be punishable by a fine of not less than five hundred dollars ($500.00) but not to exceed one thousand dollars ($1,000.00) and/or up to six months in the county jail or both.

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), or by both imprisonment and fine.

which minors have obtained, possessed, or consumed alcoholic beverages. Such costs include reasonable attorneys' fees in the event of litigation.

(Ord. No. 2870, § 1, 6-17-2008)