Long Beach Municipal Code Ch. 9.61 Social Host Regulations

A. The purpose and intent of this Chapter are:

1. To facilitate the enforcement of laws prohibiting the service to and consumption of alcoholic beverages by minors as well as to deter the service to and consumption of alcoholic beverages by minors, and to promote the reduction of underage drinking;

2. To protect public health, safety, general welfare and quiet enjoyment of property and properties neighboring the location of gatherings at which minors are served and consume alcoholic beverages;

3. To establish a duty of persons twenty-one (21) years of age or older having control over any premises, who knowingly hosts, permits or allows a gathering at the premises, to take reasonable steps to prevent the service and consumption of alcoholic beverages by minors;

4. To provide opportunities for education and behavior modification to first-time offenders violating this Chapter;

5. To provide recovery of law enforcement and/or fire response costs.

(ORD-14-0001, § 1, 2014)

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

A. "Adult" shall mean a person who is twenty-one (21) years of age or older.

B. "Alcohol" shall mean 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 (½) of one percent (1%) 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. "Control" shall mean any form of dominion including ownership, tenancy or other possessory right.

E. "Gathering" shall mean a party, gathering, or event where a group of two (2) or more persons have assembled or are assembling for a social occasion or social activity.

F. "Legal Guardian" shall mean:

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 a court of competent jurisdiction.

G. "Minor" shall mean any person less than twenty-one (21) years of age.

H. "Parent" means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.

I. "Enforcement Services" shall mean the salaries and benefits of police officers or other code enforcement officers for the amount of time actually spent in responding to or in remaining at the residence or premises and the administrative costs attributable to the incident, the actual cost of any medical treatment to injured police officers or other code enforcement officers as a result of injuries suffered in responding to or in remaining at the residence or premises, the cost arising from the use of any City equipment in responding to or remaining at the residence or premises, and the cost of repairing any damaged City equipment or property used in responding to or in remaining at the residence or premises.

J. "Residence" or "Premises" shall mean a house, yard, apartment, condominium, or other dwelling unit, a hotel or motel room, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for living space or for a party, meeting, or other social function or gathering, and whether owned, leased rented, or used with or without compensation.

(ORD-14-0001, § 1, 2014)

It is unlawful for any adult to host, permit or allow a gathering to take place at the premises where one (1) or more minors consumes an alcoholic beverage, whenever such adult either:

A. Intentionally serves or causes to be served an alcoholic beverage to a minor for consumption; or

B. Knows or reasonably should have known that a minor possesses or has consumed an alcoholic beverage and thereafter fails to immediately take appropriate action to prevent further possession or consumption of alcoholic beverages by any minor.

C. This Section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control.

D. The provisions of this Chapter shall not apply to legally protected religious ceremonies.

E. Law enforcement officers shall have the discretion of writing violators a warning prior to an official citation.

(ORD-14-0001, § 1, 2014)

When a law enforcement, fire, or other emergency response provider responds to a gathering at a premises at which there is service to, or consumption of alcohol or alcoholic beverages by a minor(s), all responsible persons shall be jointly and severally liable for the City's costs of responding to the gathering.

(ORD-14-0001, § 1, 2014)

A. Any violation of this Chapter shall be subject to enforcement in accordance with the administrative citation and penalties of Chapter 9.65.

B. Any violation of this Chapter shall be subject to prosecution as a misdemeanor or infraction by the City Prosecutor's Office in accordance with the provisions of Section 1.32.010.

(ORD-14-0001, § 1, 2014)

In the event any portion of Chapter 9.61 is deemed to be unenforceable, or is in conflict with applicable law, the remainder of Chapter 9.61 will be enforced and will remain in full force and effect.

(ORD-14-0001, § 1, 2014)