Livingston Municipal Code Ch. 13 Prohibition Against Underage Drinking and Social Host Liability

This chapter shall be known as the “Prohibition Against Underage Drinking and Social Host Liability Ordinance”.

(Ord. 560, passed 7-3-2007)

(A) Minors often obtain, possess or consume alcoholic beverages at gatherings held at private residences or other private property, places or premises, including rented commercial premises which are under the control of a person who knows or should know of the consumption of alcoholic beverages by minors yet persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages by minors at these gatherings.

(B) Consumption of alcoholic beverages by minors who are under the legal age to consume alcohol in the state, is harmful to the minors themselves and 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 gatherings involving consumption of alcoholic beverages by minors often require extensive resources to manage the incident. Further, when law enforcement personnel respond to gatherings involving the consumption of alcoholic beverages by minors it takes away valuable resources from other service calls in the community, thereby placing the community at increased risk. Law enforcement, fire and emergency response services are not currently reimbursed for the response cost associated when called to a premises or gathering where minors obtain, possess, or consume alcoholic beverages.

(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 know of, or should know of, the illegal conduct yet fail to stop or 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. 560, passed 7-3-2007)

The purposes of this chapter are:

(A) To protect public health, safety and general welfare;

(B) To enforce laws prohibiting the service to and consumption of alcoholic beverages by minors; and

(C) To reduce the costs of providing law enforcement, fire and other emergency response services to premises where alcoholic beverages are served to or consumed by a minor, by holding the responsible person, social host and/or landowners responsible for the costs associated with providing law enforcement and other emergency response services.

(Ord. 560, passed 7-3-2007)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT. Any person over the age of 18 years.

ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl or spirits of wine, from whatever source or by whatever process produced.

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 the Cal. Business and Professions Code § 23004, 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.

FAMILY GATHERING. A gathering where each minor present is supervised by his or her parent or legal guardian.

GATHERING. A party, gathering or event where a group of two or more persons have assembled or are assembling for a social occasion or social activity.

JUVENILE. Any person under the age of 18 years.

• LEGAL GUARDIAN.

• 1. A person who, by 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.

MINOR. Any person under the age of 21 years.

PARENT. A person who is a natural parent, adoptive parent, foster parent or stepparent of another person.

PREMISES. Any residence or other private property, place or premises, including any commercial or business premises.

RESPONSE COSTS. The costs associated with response by law enforcement, fire or other emergency response providers to a gathering, including, but not limited to:

1. Salaries and benefits of law enforcement, code enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at or otherwise dealing with a gathering, and the administrative cost associated with or attributed to such response(s);

2. The cost of any medical treatment for any law enforcement, code enforcement, fire or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering;

3. The cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment in, responding to, remaining at, or leaving the scene of a gathering; and

4. Any other allowable costs related to enforcement of §§ 10-13-5 and 10-13-6 of this chapter.

RESPONSIBLE PERSON. A person or persons with a right of possession in the premises including, but not limited to:

1. An owner of the residence or other private property, place or premises, including any commercial or business premises;

2. A tenant or lessee of the residence or other private property, place or premises, including any commercial or business premises;

3. The landlord of another person responsible for the gathering;

4. The person(s) in charge of the residence or other private property, place or premises, including commercial or business premises;

5. The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering; and

6. If a RESPONSIBLE PERSON or social host for the party or gathering is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to this chapter. To incur liability for response costs imposed by this chapter, the RESPONSIBLE PERSON or social host for the gathering must be aware of the gathering, but need not be present at such gathering which results in the imposition of response costs pursuant to this chapter.

SOCIAL HOST. A person who knowingly hosts, permits or allows a gathering to take place where one or more minors consume one or more alcoholic beverages on property owned or controlled by the person and the person knows or reasonably should have known that the minor is consuming or has consumed an alcoholic beverage.

(Ord. 560, passed 7-3-2007)

Except as permitted by state law, it is unlawful for any minor to:

(A) Consume at any public place or any place open to the public any alcoholic beverage; or

(B) Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her own parent or legal guardian.

(Ord. 560, passed 7-3-2007)

(A) It is unlawful and a misdemeanor for any person having control of any premises to knowingly host, permit or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises either knows a minor is or has consumed an alcoholic beverage or reasonably should have known that a minor is or has consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of alcoholic beverages by a minor as set forth in subsection (B) of this section.

(B) It is the duty of any person having control of any premises, who knowingly hosts, permits or allows a gathering at said premises 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:

1. Controlling access to alcoholic beverages at the gathering;

2. Controlling the quantity of alcoholic beverages at the gathering;

3. Verifying the age of persons attending the gathering by inspecting driver’s licenses or other government issued identification cards to ensure minors do not consume alcoholic beverages while at the gathering; and

4. Supervising the activities of minors at the gathering.

(C) This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian, as permitted by Article I, Section 4 of the California Constitution or if the event is a family gathering.

(D) This section shall not apply to any California Department of Alcoholic Beverages Control licensee at any premises regulated by the Department of Alcoholic Beverages Control.

(Ord. 560, passed 7-3-2007)

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

(Ord. 560, passed 7-3-2007)

Each incident in violation of §§ 10-13-5 and 10-13-6 of this chapter shall constitute a separate offense.

(Ord. 560, passed 7-3-2007)

The city’s Police Department is authorized to administer and enforce the provisions of this chapter. The City Attorney and the Police Chief and/or their designees may exercise any enforcement powers provided by law.

(Ord. 560, passed 7-3-2007)

In addition to any other remedies available by law, including criminal prosecution, the city may seek administrative penalties, response costs and any other cost associated with enforcement of §§ 10-13-5 and 10-13-6 of this chapter, through all remedies or procedures provided by statute, ordinance or law. Sections 10-13-5 and 10-13-6 of this chapter shall not limit the authority of peace officers to make arrests for any criminal offense arising out of conduct regulated by §§ 10-13-5 and 10-13-6 of this chapter. If a violation of §§ 10-13-5 and/or 10-13-6 of this chapter is prosecuted administratively the mandatory minimum penalty shall be $500 for the first offense, $1,000 for a second offense, and $1,500 for a third offense in a 12-month period.

(Ord. 560, passed 7-3-2007)

(A) In addition to any other remedies available by law, a violation of §§ 10-13-5 and/or 10-13-6 of this chapter shall constitute a public nuisance, as an immediate threat to the public health, safety and welfare.

(B) As a public nuisance, the gathering of underage drinkers may be summarily abated by police by all reasonable means, singularly or in combination, including, but not limited to:

1. In order requiring the gathering to be disbanded;

2. Issuance of an administrative citation under this chapter; and

3. Issuance of an administrative citation, misdemeanor citation and/or arrest of any law violators under any other applicable ordinances and/or statutes.

(C) When law enforcement, fire or other emergency response provider responds to a gathering at which a minor obtains, possesses or uses alcoholic beverages within the city all responsible persons and/or social host(s) shall be jointly and severally liable for the city’s response costs to abate the nuisance.

(Ord. 560, passed 7-3-2007)

(A) 1. The amount of response costs shall be deemed a debt owed to the city by the responsible person and/or social host. If a juvenile, by the juvenile’s parents or guardians.

2. Any person owing such costs shall be liable in a civil action brought in the name of the city for recovery for such costs, including reasonable attorney fees. Notice of the costs for which the responsible person is liable shall be mailed via first class mail.

(B) The notice shall contain the following information:

• 1. The name of the person(s) being held liable for the payment of such costs;
• 2. The address of the private property or private premises where the party occurred;
• 3. The date and time of the response;
• 4. The law enforcement, fire or emergency service provider(s) who responded; and

5. (a) An itemized list of the response costs for which the person(s) is being held liable. The responsible person must remit payment of the noticed response costs to the city’s Police Department within 30 calendar days of the date of the notice.

(b) The payment of any such costs shall be stayed upon the filing of a timely appeal pursuant to § 10-13-14 of this chapter.

(C) The failure of any person to pay the penalties assessed by an administrative citation and/or response costs within the time specified on the administrative citation or response cost bill may result in the Police Chief or his or her authorized designee referring the matter to the Finance Department or other designated agent for collection.

(Ord. 560, passed 7-3-2007)

(A) Established. There is hereby established a special fund for the purposes of receiving and expending civil penalties and response costs collected. This special fund shall be known and designated as the Prevention of Underage Drinking Fund.

(B) Expenditure of monies. The appropriation of all monies in the prevention of underage drinking fund shall be made exclusively for the purposes of prevention of underage drinking programs within the city. The underage drinking program shall include the enforcement of, education for and prevention of underage drinking. Expenditures shall include, but not be limited to, purchase of equipment, contractual services, material and supplies, or any other expenditure related to the prevention of underage drinking with the city. The administration of the Fund shall conform to this code and all accounting principles practiced by the city.

(C) Accumulation of monies in the Fund. The balance remaining in the Prevention of Underage Drinking Fund at the close of any fiscal year shall be deemed to have been provided for a specialized purpose and shall be carried forward and accumulated in said Fund for the purposes set forth herein.

(Ord. 560, passed 7-3-2007)

(A) The person or persons charged shall have the right of appeal to the City Council.

(B) The appeal shall be filed with the City Clerk within five working days following receipt of notice of the decision of the Chief of Police or the Chief’s designee. The appeal shall be in writing and shall state the grounds for the appeal.

(C) The appeal shall be submitted on the records filed with the notice of appeal. If further evidence is required, the City Clerk may request the parties to submit additional evidence to the City Council. A decision by the City Council must be made no later than 30 days following the filing of the appeal. The City Council may continue the date for decision, when necessary, to a date more than 30 days after the date initiating the appeal.

(D) The Council may, by resolution from time to time, establish a fee for the processing of an appeal.

(E) A copy of the Council’s order shall be mailed to the appellant, and to any other person requesting the same, by the City Clerk within five working days after the adoption thereof. The Council’s decisions shall be final and conclusive.

(F) Upon denial of an appeal, the appellant shall have ten days to pay the applicable response costs, or the city may commence proceedings to collect such sums as are due as provided by law and to place a lien upon the affected property.

(G) Failure to appeal shall constitute a failure to exhaust administrative remedies and result in the citation and/or response cost becoming a final administrative enforcement order.

(Ord. 560, passed 7-3-2007)

If any provisions of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

(Ord. 560, passed 7-3-2007)