Los Angeles County Municipal Code Ch. 13.100 Los Angeles County Social Host Ordinance

This chapter shall be known as the "Los Angeles County Social Host Ordinance."

(Ord. 2019-0012 § 2, 2019.)

The Board of Supervisors finds and declares as follows:

A.

As a legal subdivision of the State of California charged with governmental powers authorized by Article XI of the California Constitution, the County of Los Angeles (County) has broad and plenary authority to regulate with regard to municipal affairs within its unincorporated area, subject only to restrictions and limitations provided by its charter, by State law, and by the United States Constitution.

B.

Los Angeles County recognizes that the consumption of alcoholic beverages by minors is a persistent problem, and the costs and consequences of underage drinking affect virtually everyone. According to a 2016 study by the American Medical Association, alcohol continues to be the most abused substance for American youth. And, although alcohol consumption and binge alcohol use among adolescents in Los Angeles County has decreased over recent years, the rates remain high.

C.

Underage drinking is a public health concern for youth in the County because the effect of alcohol on an adolescent's brain can result in severe impairment of biological, psychological, and social functioning. Such impairment can increase the likelihood of engaging in unprotected sex, driving under the influence, and other reckless and dangerous behaviors. Underage drinking can also lead to low self-esteem, depression, and poor concentration, which can increase school dropout rates, and foster a reliance on alcohol for social interactions throughout adulthood.

D.

The County recognizes that the possession or ingestion of cannabis by underage persons for other than medical purposes, as well as its provision to those youth, is of equal concern.

E.

The implementation of a social host ordinance can reduce access and availability of alcohol and cannabis to minors, and thus remove opportunities for minors and underage persons to engage in drinking alcohol or ingesting cannabis.

F.

In California, more than 40 cities and counties have adopted some form of social host laws. These ordinances have successfully reduced the number of parties serving alcohol to minors. Moreover, cities and counties have found that passage of social host laws led to a decrease in alcohol use among youth and a very low rate of party host citations - indicative of such laws' deterrent effect. Recently, several jurisdictions have amended their existing social host laws to include cannabis.

G.

In Los Angeles County, the cities of the Palos Verdes Peninsula have recently adopted social host ordinances: Palos Verdes Estates; Rancho Palos Verdes; Rolling Hills Estates; and Rolling Hills (collectively, "Peninsula Cities"). The Peninsula Cities share boundaries with a small region of unincorporated County areas known as "Academy Hill," "Westfield," and "the Estates." This ordinance will ensure conformity of laws on the Palos Verdes Peninsula, where the Los Angeles County Sheriff's Department patrols most of the region.

H.

This chapter's purpose is to ensure public health, safety, and general welfare; discourage and decrease underage drinking and ingestion of cannabis by imposing a civil fine on persons responsible for gatherings where alcoholic beverages and/or cannabis are consumed or ingested by, or served to, underage persons; and facilitate the enforcement of laws prohibiting the service to, and consumption or ingestion of, alcoholic beverages and/or cannabis by underage persons. It is not the intention of this Chapter to hold persons responsible for the provision or facilitation of cannabis to persons who possess and/or consume cannabis for medical purposes pursuant to State law.

I.

It is the intent of this Board that this Chapter be implemented in the unincorporated County areas known as "Academy Hill," "Westfield," and "the Estates."

(Ord. 2019-0012 § 2, 2019.)

A.

"Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing one-half of one percent (0.5%) or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

B.

"Landlord" means an owner, lessor, or sublessor (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, representative, or successor of any of the foregoing.

C.

"Cannabis" means any and all parts of the Cannabis plant, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin (including concentrated cannabis). The prohibition herein includes cannabis in any form including, but not limited to, cigarettes, vapor, food products containing cannabis or concentrated cannabis, and any other product of cannabis that can be smoked or ingested.

The term "cannabis" as defined here does not include a substance for which the individual found to have consumed or possessed such substance has a valid recommendation issued by a licensed medical practitioner consistent with State law.

D.

"Minor" means any person under eighteen years of age.

E.

"Owner" means any person or firm, association, organization, partnership, trust, business, corporation, company or entity who has a legal interest in the residence or other private property where a party, gathering or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurs.

F.

"Residence or other private property" means a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a guest house, pool house, barn or other similar accessory structure, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function venue, and whether owned, leased, rented, or used with or without compensation.

G.

"Response costs" means the costs associated with responses by law enforcement, fire and other emergency response providers to a party, gathering or event including, but not limited to:

Salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise attending to a party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurs, and the administrative costs attributable to such response;

The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured while responding to, remaining at or leaving the scene of a party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurs;

The cost of repairing any law enforcement, fire or other emergency response provider's equipment or property damaged, and the cost of the use of any such equipment, while responding to, remaining at or leaving the scene of a party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurs; and

Any other costs recoverable in compliance with California Civil Code section 1714.9.

H.

"Responsible person" includes, but is not limited to the following persons:

An owner of the residence or other private property who is also present at a party, gathering or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurs or who has received notice pursuant to Section 13.100.060 of this chapter;

The landlord of a person responsible for a party, gathering or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurs and who has received notice pursuant to Section 13.100.060 of this Chapter;

A tenant or lessee of the residence or other private property who is also present at a party, gathering or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurs;

The person in charge of the residence or other private property; and

The person who organizes, supervises, officiates, conducts, or controls the party, gathering, or event, or any other person accepting responsibility for such a party, gathering, or event, whether or not the person is present at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurs.

I.

"Underage person" means any person under the age of twenty-one (21).

(Ord. 2019-0012 § 2, 2019.)

It shall be a violation of this Chapter, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to conduct or allow in a residence or other private property any party, gathering, or event at which an underage person consumes, ingests, or is in possession of alcoholic beverages and/or cannabis, where the responsible person knows or reasonably should know that an underage person has obtained or may consume or ingest an alcoholic beverage and/or cannabis. In the event the responsible person is a minor, then the minor and the parents or guardians of that minor will be jointly and severally liable for any penalties incurred pursuant to this Chapter.

(Ord. 2019-0012 § 2, 2019.)

This Chapter shall not apply to possession or consumption of an alcoholic beverage under the supervision of a parent or guardian in connection with a cultural or religious activity.

This Chapter shall also not apply to the possession or ingestion of cannabis for which the individual found to have consumed or possessed such substance has a valid recommendation issued by a licensed medical practitioner consistent with State law.

(Ord. 2019-0012 § 2, 2019.)

A.

The County shall provide notice of a violation of Section 13.100.040 of this chapter by the issuance of a notice of violation to the responsible person by a peace officer at the time of the initial response or within a reasonable time following the violation, but not exceeding forty-five (45) days from the date of the party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurred and which is the subject of the notice of violation. The notice of violation shall be served either by personal service on the responsible person at the time of the initial response or by deposit in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to such responsible person to be notified at the address on the notice of violation or at their last known address as the same appears in the public records of the County. When the responsible person is a minor who is a resident at the location where a party, gathering or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurred, a copy of the notice of violation shall be personally served upon the minor at the time of the initial response and a copy mailed to the parents or guardians of that minor at the address of the residence or other private property. When the responsible person is a

minor who is not a resident, a copy of the notice of violation shall be personally served upon the minor at the time of the initial response and a copy mailed to the minor's parents or guardians at the address on the notice of violation.

B.

This notice of violation shall include the following information:

The name(s) of the responsible person(s);

The address of the residence or other private property where the party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurred;

The date and time of the response by a peace officer to the gathering;

A summary description of the party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurred, including, but not limited to, a finding by a peace officer that a party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis has occurred;

The name of the peace officer who ordered the party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurred be disbanded and/or issued the notice of violation;

An order prohibiting the continuation or repeated occurrence of the violation;

A statement that currently with issuance of the notice of violation, an administrative fine and noncompliance fee are being imposed pursuant to Section 13.100.060 and Section 13.100.070 of this Chapter; the amount owed, and an explanation of how to pay the administrative fine and noncompliance fee; and a warning that any subsequent party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurs within ninety (90) days from the date of the prior gathering may result in additional administrative fines and noncompliance fees for the responsible person(s);

Notification of the right to appeal, including the time within which the violation and administrative fine and noncompliance fee may be contested, and the place to submit a written appeal; and

Notification that the County may pursue other lawful means to collect the administrative fine and noncompliance fee, in the event of nonpayment.

C.

Mailing of Notice(s) to Owner or Landlord. If any notice of violation is issued to a responsible person pursuant to Section 13.100.060(A) of this chapter and the responsible person(s) who was issued a notice of violation is not the owner or landlord of the residence or other private property where the party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurred, or if no responsible person can be identified at the gathering, any notice(s)

concerning the gathering shall be mailed to the owner or landlord of the residence or other private property at the address of record on file with the Los Angeles County Assessor's office and shown on the last equalized property tax assessment roll. The owner or landlord shall also receive an advisement that issuance of any subsequent notice of violation to any responsible person as a result of a party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurring on the same premises which occurs thirty (30) days after the date of this notice, pursuant to this section, and within ninety (90) days of the party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurred that is the subject of said notice may result in an administrative fine and noncompliance fee being imposed against the owner or landlord as provided by Section 13.100.040 of this Chapter.

D.

If the condition is not abated and an additional response is required of law enforcement or emergency service providers, such as emergency personnel or fire, to abate the nuisance, the responsible persons(s) will be billed for any response costs incurred, pursuant to Section 13.100.080 of this Chapter.

E.

The responsible person(s) are entitled to request a hearing to appeal the fine and response costs pursuant to the procedures set forth in Section 13.100.110 of this Chapter for appealing administrative citations.

F.

Service by personal service shall be deemed to be complete when served on the responsible person. Service by mail shall be deemed to be complete five (5) calendar days following the date of mailing by the County for delivery by the United States Postal Service.

(Ord. 2019-0012 § 2, 2019.)

A.

Each violation of Section 13.100.040 of this Chapter shall result in an administrative fine being issued against the responsible person(s) of one thousand dollars ($1,000.00) in addition to any recovery of response costs that might be imposed under Section 13.100.080 of this chapter, as provided for in this Chapter and pursuant to the requirements and procedures set forth in Sections 1.25.040 and 1.25.050 of this code.

B.

Each violation of Section 13.100.040 of this chapter shall also result in a noncompliance fee being issued against the responsible person(s), as provided for in this Chapter and pursuant to the requirements and procedures set forth in Sections 1.25.060 and 1.25.070 of this code. The amount of the noncompliance fee shall be separately determined by the Board of Supervisors for the department designated to administer the provisions of this chapter and shall not exceed the amount reasonably necessary to recover the cost incurred by the department.

C.

Owner or Landlord Who Is Not Present at the Residence or Other Private Property. An administrative fine or noncompliance fee for an initial notice of violation shall not be imposed against an owner or landlord who is not present at the residence or other private property where a party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurs. An owner or landlord who is not present at the gathering is not a responsible person under the provisions of the ordinance unless served with notice pursuant to Section 13.100.060 of this Chapter.

D.

Unless a responsible person requests an administrative hearing to contest the administrative fine and noncompliance fee assessed pursuant to Section 1.25.090, the notices of administrative fine and noncompliance fee shall constitute the final

administrative order of the County with respect to said administrative fine and noncompliance fee, and the amounts assessed shall be due and payable to the County within ten (10) days from service of the notice of violation.

E.

The administrative fines imposed in this Chapter shall be in addition to any other fines and/or penalties imposed for violations of local, State, and/or federal law, during a party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurs.

(Ord. 2019-0012 § 2, 2019.)

If a law enforcement, fire, or other emergency response provider responds to a party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurs within the unincorporated area of the County, within twelve (12) months of a notice of violation given to a responsible person regarding a party, gathering or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurred at the same location, all responsible person(s) will be jointly and severally liable, in addition to any fine imposed under Section 13.100.070 above, for the response costs for that response and all subsequent responses during the twelve-month period. If a responsible person for the gathering is a minor, then the parents or guardians of that minor will be jointly and severally liable for the response costs with the minor. If the responsible person is the owner or landlord of the residence or other private property where the party, gathering, or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurred and who is not present at the gathering, liability for response costs under this section shall not be imposed unless served with notice pursuant to Section 13.100.060 of this Chapter.

(Ord. 2019-0012 § 2, 2019.)

A.

The amount of any administrative fine or noncompliance fee imposed pursuant to this Chapter shall be deemed a debt owed to the County.

B.

The County shall be entitled to recover all costs related to enforcing any violation(s) of this Chapter that are recoverable under applicable local, State, or federal law.

C.

At its discretion, the County may pursue any and all legal and equitable remedies to collect unpaid fines imposed and costs of enforcement pursuant to this chapter. Pursuit of one remedy does not preclude the pursuit of any other remedy. It is intended that persons causing, maintaining, and/or permitting the violation, and not the taxpayers, bear the financial burden of the County's enforcement efforts. Remedies available to the County to collect unpaid fines and costs include referring the delinquent account to collections.

D.

Any person who fails to pay any fine shall be liable in any proceeding brought by the County for the costs incurred in securing payment of the unpaid amount, including without limitation, administrative costs and attorneys' fees. Such collection costs shall be in addition to any penalties, interest, and/or late charges imposed upon the unpaid fine.

(Ord. 2019-0012 § 2, 2019.)

In the event that a responsible person is found to be in violation of this Chapter, the responsible person may elect to serve forty (40) hours in a qualifying community service program, as determined by the issuing department, and pay the program fees as an alternative to paying the civil money penalty of one thousand dollars ($1,000.00). The provisions of Chapter 1.25 (Administrative Fines and Noncompliance Fees for Code Violations) of this code, specifically Section 1.25.075 regarding requests to perform community service for violations related to graffiti, will apply to any fines imposed under Section 13.100.070 with the exception that the term "graffiti" will be substituted for the term "social host liability."

(Ord. 2019-0012 § 2, 2019.)

The provisions of Chapter 1.25 (Administrative Fines and Noncompliance Fees for Code Violations) of this code, specifically Sections 1.25.010 to 1.25.110 regarding the timing and manner of payment, appeal rights, and the collection of any unpaid fines or response costs will apply to any fines imposed under Section 13.100.070 and any response costs imposed under Section 13.100.080 with the exception that the term "response costs" will be substituted for the term "fine" and the imposition of response costs will also be deemed an "administration citation." The administrative hearing process shall be administered by the Los Angeles County Sheriff's Department.

(Ord. 2019-0012 § 2, 2019.)

Nothing in this Chapter constitutes a waiver by the County of any right to seek reimbursement for actual costs of response services through other legal remedies or procedures. The procedure provided for in this Chapter is in addition to any other available legal remedy. This Chapter in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this Chapter.

(Ord. 2019-0012 § 2, 2019.)

This Chapter does not apply to activities protected by Article I, Section 4 of the California Constitution.

(Ord. 2019-0012 § 2, 2019.)

If any section, subsection, sentence, clause, phrase, or portion of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter.

(Ord. 2019-0012 § 2, 2019.)

The provisions of this Chapter shall become effective 30 days upon their final adoption by the Board of Supervisors.

(Ord. 2019-0012 § 2, 2019.)