Loomis Municipal Code Ch. 7.18 Social Host Liability

This chapter shall be known as the Social Host Liability Ordinance. The purpose of this chapter is to protect the public health, safety, and general welfare of people and premises in the town of Loomis and county, including the quiet enjoyment of property, by enhancing the ability of law enforcement to deter the consumption of alcohol, cannabis, or other controlled substances by minors and to hold adult hosts accountable for ensuring minors are not consuming alcoholic beverages, cannabis, or other controlled substances. This chapter is not intended to interfere with existing state and local laws, including, but not limited to, those related to serving and consuming alcohol and medicinal use of cannabis.

(Ord. 279 § 1, 2019)

The terms used in this chapter shall have the following meanings:

"Alcohol"

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

"Alcoholic beverage"

includes alcohol, spirits, liquor, wine, or 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.

"Cannabis"

shall have the same definition as in the Loomis Municipal Code Section 13.46.020.

"Controlled substance"

means a drug or substance of which possession and use are regulated under the California Controlled Substances Act (Health and Safety Code section 11000 et seq.). This definition does not include any drug or substance for which the individual found to have consumed or possessed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.

"Gathering"

means any party, event or other meeting where a group of three or more persons have assembled or are assembling for a social occasion or social activity, whether it causes a substantial disturbance to the quiet enjoyment of private property or not.

"Juvenile"

means any person under eighteen years of age.

"Legal guardian"

means either a person who, by court order, is the guardian of the juvenile; or a public or private agency with whom a juvenile has been placed by the court.

"Minor"

is any person under twenty-one years of age.

"Parent"

means a person who is a natural parent, adoptive parent, foster parent, step-parent, one who acts in loco parentis for a juvenile, or anyone else who would be liable under Civil Code Section 1714.

"Private property"

means any property, place, or premises, whether occupied on a temporary or permanent basis, whether occupied for residential or other purpose, and whether owned, leased, rented, or used with or without compensation, including, but not limited to, a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a restaurant, bar, hall, or meeting space that is not owned and controlled by a public entity.

"Response cost"

means the costs associated with response by law enforcement or other emergency response providers to a gathering, as those costs are defined in a schedule of costs adopted by the County Board of Supervisors.

"Responsible person(s)"

means a person or persons with a right of possession in the private property where a gathering occurs or is hosted including, but not limited to:

An owner of the private property;

A tenant or lessee of the private property;

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

The parent or legal guardian of anyone who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering if such a person is a juvenile.

(Ord. 279 § 1, 2019)

A. Except as permitted by law, it is unlawful for any responsible person to host, knowingly permit, or allow, tacitly or otherwise, a gathering to take place on private property, where any minor possesses or consumes an alcoholic beverage, cannabis, or other controlled substance.

B. Except as provided in subsection E below, whenever a minor consumes any alcoholic beverage, cannabis, or controlled substance at a gathering on private property, it shall be prima facie evidence that a responsible person had the requisite knowledge specified in subsection A above.

C. A responsible person has the duty to prevent the possession and consumption of alcoholic beverages, cannabis, or controlled substances by minors. If he or she did not take reasonable steps to prevent the consumption or possession of alcoholic beverages, cannabis, and controlled substances by the minor, each such responsible person shall be jointly and severally liable.

D. A responsible person shall not be in violation of this chapter if he or she seeks immediate assistance from any law enforcement agency to remove any person who refuses to abide by the responsible person's lawful efforts to prevent the possession and consumption of alcohol, cannabis, or controlled substances by a minor, or to terminate the gathering because the responsible person has been unable to prevent minors from consuming or possessing alcoholic beverages, cannabis, or other controlled substances despite having taken reasonable steps to do so. A responsible person shall not be in violation of this chapter solely because he or she seeks medical assistance to provide care for a person in immediate danger due to the accidental or intentional overdose of alcohol, cannabis, or a controlled substance.

E. This section shall not apply to any location or place regulated by the California Department of Alcoholic Beverage Control.

F. This section shall not apply to: (1) a parent or legal guardian who provides an alcoholic beverage at a family gathering to a minor under the parent or legal guardian's immediate care; (2) a parent or legal guardian who provides cannabis to a minor who is legally qualified to use cannabis under state law; (3) to any person who provides an alcoholic beverage to a minor as part of a religious activity; or (4) to a parent or legal guardian who provides a controlled substance to a minor who has a valid prescription for that substance from a licensed medical practitioner.

(Ord. 279 § 1, 2019)

Any law enforcement officer who determines that a violation of Section 7.18.030 has occurred and where that violation results in the disturbance of the public peace, safety, and welfare, shall have the authority to command all those attending the gathering to disperse immediately or to direct any responsible person to immediately disperse the gathering.

(Ord. 279 § 1, 2019)

Each incident where a law enforcement officer or other emergency responder intervenes in a gathering for a violation of Section 7.18.030 shall constitute a separate offense.

(Ord. 279 § 1, 2019)

A. Notwithstanding any other provision of this code to the contrary, violation of the provisions of this section shall constitute, at the discretion of the district attorney, an infraction or misdemeanor punishable pursuant to the provisions of Government Code Section 25132.

B. All remedies set forth in this chapter are cumulative and the use of one or more remedies shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.

(Ord. 279 § 1, 2019)

The Placer County Sheriff's Department and Placer County District Attorney are authorized to administer and enforce this chapter.

(Ord. 279 § 1, 2019)

A. Each responsible person shall be jointly and severally liable for response costs incurred when law enforcement or other emergency response providers respond to a gathering where at least one minor unlawfully consumed alcoholic beverages, cannabis, or controlled substances. The amount of response costs shall be deemed a debt owed by the responsible person. Any person owing response costs shall be liable in a civil action brought in the name of the Placer County Sheriff's Department for such response costs, including reasonable attorney fees.

B. Notice of response costs. A notice of the response costs shall be mailed via first class mail to the responsible person. The notice shall contain the following information: (1) the name of the responsible person being held liable for the payment of the response costs; (2) the address of the private property where the gathering occurred; (3) the date and time of the gathering; (4) a description of the law enforcement or emergency service provider(s) who responded; (5) an itemized list of the response costs for which the responsible person is being held liable; and (6) identification of the right and method to appeal the imposition or amount of response costs.

C. Payment shall be remitted to the Placer County Sheriff's Department within thirty calendar days from the date such notice was mailed. The payment of any such costs shall be stayed upon the filing of a timely appeal.

(Ord. 279 § 1, 2019)

As an alternative to punishment as an infraction, the sheriff may assess an administrative monetary penalty pursuant to California Government Code Section 53069.4. Such a monetary penalty is in addition to response costs. Administrative penalties shall be assessed in accordance with the procedures set forth in this section. Unless otherwise stated, administrative monetary penalties shall be the maximum amounts specified in Government Code Section 36900.

(Ord. 279 § 1, 2019)

A. Any person who fails to pay any response costs or administrative penalty imposed pursuant to this chapter on or before the date such costs or penalty are due shall also be liable in any action brought by the Placer County Sheriff's Department or the town for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorney fees. Such collection costs are in addition to any required fees, penalties, interest, and late charges.

B. Notwithstanding the procedures set forth in this section, the Placer County Sheriff's Department shall have the ability and discretion to enforce violations of this chapter, to impose necessary conditions, to forgive portions of a debt or penalty owed to the town under this chapter, and to coordinate collection and enforcement efforts.

(Ord. 279 § 1, 2019)

Nothing in this chapter shall be construed as imposing on the town any duty to issue any violations of this chapter, and the town shall not be held liable for failure to issue a citation for violation of this chapter.

(Ord. 279 § 1, 2019)

The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances.

(Ord. 279 § 1, 2019)