Manhattan Beach Municipal Code Ch. 4.128 Social Host Liability

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

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

B. "Alcoholic beverage" means and 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.

C. "Response costs" means the costs associated with responses by law enforcement, fire and other emergency response providers to loud or unruly gatherings including but not limited to:

1. Salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with loud or unruly gatherings, and the administrative costs attributable to such response(s);

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

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

D. "Juvenile" means any person under eighteen (18) years of age.

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

F. "Loud or unruly gathering" means a party or gathering of two (2) or more persons at a residence or other private property conducted in which alcoholic beverages are being consumed or possessed by any under-aged person and upon which conduct which is substantially disturbing to the quiet enjoyment of neighboring properties. Illustrative of such conduct is excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages, assaults, batteries, fights, domestic violence or other disturbances of peace, vandalism, litter, and any other conduct which constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare.

G. "Responsible person" means a person or persons with a right of possession of the residence or other private property at which a loud or unruly gathering is conducted, including, but not limited to:

1. Any owner of the residence or other private property, meaning the record owner of the title to the property as of the time of the loud or unruly gathering, regardless of where that person or entity may currently actually reside;

2. A tenant or lessee of the residence or other private property;

3. The landlord of another person responsible for the gathering, provided that the landlord has received notice of a prior loud or unruly gathering at the same residence or other private property;

4. The person(s) in charge of the residence or other private property; and

5. The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering. A responsible person for the loud or unruly gathering need not be present at such gathering resulting in the response giving rise to the imposition of civil money penalties or responses costs. Prior knowledge of the loud or unruly gathering is not pre-requisite to a finding that any specific individual is a responsible person as defined by this section.

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

(§ 2 (part), Ord. 2096, eff. March 20, 2007)

Every responsible person including but not limited to every owner, occupant, lessee or holder of any possessory interest of a residence or other private property within the City of Manhattan Beach is required to maintain, manage and supervise the property and all persons thereon in a manner so as not to violate the provisions of this chapter. The owner of the property remains liable for such violations regardless of any contract or agreement with any third party regarding the property.

(§ 2 (part), Ord. 2096, eff. March 20, 2007)

It is a civil 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 a loud or unruly gathering at a residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs. The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation, the time for requesting that hearing and the warning relating to the recovery of response costs for subsequent citations under this chapter as described under Section 4.128.040.

In the event that a loud or unruly gathering at a residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs is hosted by a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable with said juvenile or juveniles for any penalties and response costs incurred pursuant to this chapter.

The penalty for a citation issued for violation of this chapter shall be an administrative fine of one thousand dollars ($1,000.00) per responsible person per incident not including response costs pursuant to Manhattan Beach Municipal Code Chapter 3.64 for the first incident within any consecutive twelve (12) month period. For a second such incident within a consecutive twelve (12) month period the fine shall be two thousand dollars ($2,000.00) and for a third such incident within any consecutive twelve (12) month period the fine shall be five thousand dollars ($5,000.00).

(§ 2 (part), Ord. 2096, eff. March 20, 2007)

When a law enforcement, fire or other emergency response provider responds to a loud or unruly gathering at a residence or other private property within the City of Manhattan Beach at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs, all responsible persons shall be jointly and severally liable, in addition to any fines assessed pursuant to Section 4.128.030 above, for the City's costs of responding to that loud or unruly gathering and all subsequent loud or unruly gatherings at the residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs. Such costs are deemed to be costs incurred in the physical abatement of the public nuisance.

(§ 2 (part), Ord. 2096, eff. March 20, 2007)

When a law enforcement, fire, or other emergency response provider makes an initial response to a loud or unruly gathering at a residence or other private property within the City of Manhattan Beach, the official shall, in writing notify any responsible person(s) for the gathering at the scene that:

A. The official has determined that a loud or unruly gathering exists at which alcohol has been made available to an underage person or persons;

B. Responsible person(s) will be fined for violation of this chapter and billed for response costs;

C. Responsible person(s) are entitled to request a hearing to appeal the fine and response costs.

This notice shall be given to all identified responsible persons at the time of the first response to a loud or unruly gathering at a residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs within the City before assessing a fine pursuant to this section for the incident.

Within thirty (30) calendar days of the response a written statement of assessment of costs and fines, with the information specified in Section 4.128.060 below, shall be transmitted via certified mail to the record owner of the private property as shown in the records of the Los Angeles County Clerk and Recorder's Office. Payment shall be immediately due and payable upon the date of mailing of this statement.

This section applies to fines and for costs of abatement of the summary nuisance described in Section 4.128.030 and, if a juvenile, by the juvenile's parents or guardians. 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 and court costs.

(§ 2 (part), Ord. 2096, eff. March 20, 2007)

The amount of response costs and any administrative fine imposed pursuant to Section 4.128.030 shall be deemed a debt owed to the City by the responsible person held liable in Section 4.128.040 and, if a juvenile, by the juvenile's parents or guardians. Any person owing such costs shall be liable in an administrative civil action brought in the name of the City for recovery for such costs, including reasonable attorney fees and court costs.

As provided in Section 4.128.050 above, the Chief of Police shall mail notice of the costs for which the responsible person is liable, on behalf of all response providers, via certified mail within thirty (30) calendar days of the response giving rise to such costs. The Chief of Police shall calculate and compile an itemized list of the applicable response costs. The notice shall contain the following information:

A. The name(s) of the person(s) being held liable for the payment of such costs;

B. The address of the residence or other private property where the loud or unruly gathering occurred;

C. The date and time of the response;

D. The law enforcement, fire or emergency service agencies who responded;

E. An itemized list of the response costs for which the person(s) is being held liable; and

F. Information regarding the date payment is due;

G. The right to request an administrative hearing to challenge the imposition of response costs and administrative fines if any; and

H. Notification of the imposition of a lien on the subject property pursuant to Government Code Sections 38773 et seq. in the event of non-payment of response costs and fines.

The responsible person must remit payment of the noticed response costs to the City of Manhattan Beach within forty-five (45) calendar days of the notice thereof. The payment of any such costs shall be stayed upon a timely request for an administrative hearing made pursuant to Section 4.128.080.

If a timely request for an administrative hearing pursuant to Section 4.128.080 is not made, such costs or fines, if unpaid within forty-five (45) days, shall become a lien against the property with the priority of a judgment lien.

If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be responsible for any costs or fines pursuant to this section, such costs or fines, if unpaid within forty-five (45) days of notice of the final determination, shall become a lien against the property with the priority of a judgment lien.

In either case, a notice of lien shall be filed with the County Clerk and Recorder's Office which states the identity of the record owner or possessor of the property, the date upon which the citation was issued, a description of the real property subject to the lien, and the amount of the abatement costs incurred to date. It is the intent of the Manhattan Beach City Council that abatement costs incurred after the filing of the notice of abatement lien relate back to the date upon which the lien was recorded for purposes of priority; however, in order to preserve its rights, after all abatement costs have been incurred and the abatement is complete, the City Finance Director shall cause a supplemental notice of abatement lien to be recorded. The supplemental notice shall contain all of the information required for the original notice and shall also refer to the recordation date and recorder's document number of the original notice.

(§ 2 (part), Ord. 2096, eff. March 20, 2007)

Nothing in this chapter shall be construed as a waiver by the City of Manhattan Beach of any right to seek reimbursement for actual costs of response services through other legal remedies or procedures.

(§ 2 (part), Ord. 2096, eff. March 20, 2007)

Any person subject to a civil money penalty pursuant to Section 4.128.030 and/or response costs recovery fees pursuant to Section 4.128.040 shall have the right to request an administrative hearing before an impartial Hearing Officer within thirty (30) calendar days of the issuance of a citation and/or notice of the imposition of fines and/or response costs under this chapter. To request such a hearing, the person requesting the hearing shall notify the Manhattan Beach City Clerk's Office in writing by the close of business of the thirtieth (30th) calendar day from the date of issuance of the citation or notice.

The Manhattan Beach City Manager shall assign a neutral Hearing Officer to conduct such administrative hearings as may be required. The City may contract for the services of neutral Hearing Officers as appropriate and the Hearing Officers may be compensated for their services.

The costs of the administrative hearing shall be assessed to the responsible person in addition to any other fines and penalties in the event that the citation or imposition of costs is upheld.

(§ 2 (part), Ord. 2096, eff. March 20, 2007)

Any person upon whom is imposed a penalty pursuant to Section 4.128.030 and/or response costs recovery fees pursuant to Sections 4.128.040 shall have the right to appeal in the Superior Court the imposition of such penalty or fees within twenty (20) calendar days after service of the final decision issued by the Administrative Hearing Officer pursuant to Government Code Section 53069.4, subdivision (b), and applying the procedures detailed therein, if, and only if, that person first properly requests and obtains a hearing under Section 4.128.080 above.

(§ 2 (part), Ord. 2096, eff. March 20, 2007)

A loud or unruly gathering at a residence or other private property at which service to or consumption of alcohol or alcoholic beverages by underage persons occurs constitutes a public nuisance and an immediate threat to public health and safety and shall be summarily abated by the Police Department by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation under this chapter as well as citation and/or arrest of any law violators under any other applicable ordinances and state statutes.

The City Attorney and the Chief of Police, all sworn officers of the City and the City Manager are authorized to administer and enforce the provisions of this chapter. The City Attorney and the Police may exercise any enforcement powers provided by law in executing this chapter.

(§ 2 (part), Ord. 2096, eff. March 20, 2007)