Mariposa County Municipal Code § 9.13 Public Peace, Morals And Welfare

1. Minors often obtain, possess, or consume alcoholic beverages at parties held on private property under the control of a person who knows or should know of such conduct, but fails to stop it.

2. Underage consumption of alcoholic beverages poses an immediate threat to 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.

3. Law enforcement responses to disturbances involving underage consumption of alcoholic beverages at private parties frequently require the use of extensive resources. Further, when law enforcement personnel respond to disturbances at private parties it limits their ability to respond to other service calls in the community, thereby placing the community at increased risk. Law enforcement is not currently reimbursed for their expenses when called to a private party.

4. The prohibitions found in this chapter are reasonable and expected to deter the consumption of alcoholic beverages by minors by holding responsible persons who encourage, are aware of, or should be aware of, the illegal conduct yet fail to prevent it.

HISTORY

Adopted by Ord. 1042 Sec. 1 on 11/27/2007 9.13.011 Definitions

The terms used in this chapter have the meaning provided by state law except as expressly provided herein.

1. An “adult” is any person over the age of twenty-one (21) years.

2. An “alcoholic beverage” includes any liquor 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 section 23004 of the Business and Professions Code, intoxicating liquor, malt beverage, beer, wine, spirits, whiskey, rum, vodka, cordials, gin, and brandy, and any mixture containing one or more alcoholic beverages. Alcoholic beverages include a mixture of one or more alcoholic beverages whether found or ingested separately or as a mixture.

3. “Enforcement services” represent the actual amount of time spent by law enforcement personnel responding to, or in remaining at, a party, gathering, or event at which a minor obtains, possesses, or uses alcoholic beverages including, but not limited to, the salaries and benefits of such personnel; the actual cost to medical treatment incurred by such personnel; administrative costs attributed to the incident; the cost of repairing and/or replacing any damaged county property; and any other allowable costs related to the enforcement of this ordinance.

4. A “family gathering” is a gathering where each minor present is supervised by his or her parent or legal guardian.

5. A “legal guardian” is a person who is lawfully vested with the power and charged with the duty of taking care of a minor.

6. A “minor” is any person under the age of twenty-one (21) years.

7. A “parent” includes any person who is a natural parent, an adoptive parent, a foster parent, or a stepparent.

8. A “party” is a gathering or event at which a group assembles for a social occasion or activity at a private residence or private premises.

9. A “private residence” is the place where one actually lives or has his or her home.

10. “Private premises” is privately owned land, including any appurtenances or structures on the land.

11. A “social host” is a person who permits a party where one or more minors consume one or more alcoholic beverages on property owned or controlled by the person.

HISTORY

Adopted by Ord. 1042 Sec. I on 11/27/2007

• 9.13.012 Prohibition

1. No person who owns or controls private property shall knowingly allow a party to take place or continue on such private property if a minor at the party obtains, possesses, or consumes any alcoholic beverage and the person knows or reasonably should know, by taking all reasonable steps to prevent alcoholic beverage consumption by the minor as described in subdivision B of this section, that the minor has obtained, possesses, or is consuming alcoholic beverages at the party.

2. It is the duty of any person having control of any private property, who knowingly hosts, permits or allows a gathering on the property 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, controlling access to alcoholic beverages, controlling the quantity of alcoholic beverages, verifying the age of persons at the gathering by inspecting driver’s licenses or other government issued identification cards, and supervising the activities of minors at the gathering.

HISTORY

Adopted by Ord. 1042 Sec. I on 11/27/2007 9.13.013 Prima Facie Evidence

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

HISTORY

Adopted by Ord. 1042 Sec. I on 11/27/2007 9.13.014 Protected Activities

This ordinance shall not apply to legally protected religious activities, gatherings of family members, the service to or consumption of alcoholic beverages which occurs exclusively between an underage person and his or her parents or legal guardian.

HISTORY

Adopted by Ord. 1042 Sec. I on 11/27/2007 9.13.015 Exempt Locations

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

HISTORY

Adopted by Ord. 1042 Sec. I on 11/27/2007 9.13.016 Separate Violation For Each Incident

Each incident in violation of section 9.13.012 shall constitute a separate offense.

HISTORY

Adopted by Ord. 1042 Sec. I on 11/27/2007 9.13.017 Enforcement Authority

The district attorney and the sheriff are authorized to administer and enforce the provisions of this chapter. The district attorney and the sheriff may exercise any enforcement powers provided by law.

HISTORY

Adopted by Ord. 1042 Sec. I on 11/27/2007

1. Any person who violates section 9.13.012 of this chapter is guilty of a misdemeanor.

2. Any person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to a minor is guilty of a misdemeanor.

3. Any person who violates subdivision A or B above, by purchasing an alcoholic beverage for a minor and the minor thereafter consumes the alcohol and thereby proximately causes great bodily injury or death to himself, herself, or any other person, is guilty of a misdemeanor.

4. Any person who violates subdivision A or B above, by furnishing an alcoholic beverage, or causing an alcoholic beverage to be furnished, to a minor shall be punished by a fine of up to one thousand dollars ($1000). Any person who has been found to have violated this chapter may be allowed by the courts to serve up to 40 hours of community service as an alternative penalty to paying any fine imposed. The community service program shall retain the discretion to admit or deny admission as such program standards and policies allow. Failure to gain admission to a community service program or failure to complete such program after admission shall restore the original fine imposed without further right to appeal.

5. Any person who violates subdivision C shall be punished by imprisonment in a county jail for a term not to exceed one year, by a fine not exceeding one thousand dollars ($1,000), or by both imprisonment and fine.

6. The county of Mariposa does not waive its right to seek other legal remedies or procedures. This section in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of the conduct currently regulated, nor do they limit in any way the prosecution's ability to initiate and prosecute criminal prosecution for any violation of the criminal offense arising out of the same circumstances.

7. Pursuant to California Civil Code section 1714.1, any act of willful misconduct of a minor that results in injury or death to another person or an injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct.

8. A social host who serves alcoholic beverages to a minor guest may be held liable for injuries sustained by third parties, including county law enforcement personnel, as a result of the minor guest’s negligence.

9. A social host shall be liable for the cost of providing enforcement services in response to a party in which minors have obtained, possessed, or consumed alcoholic beverages. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The county of Mariposa hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof, irrespective of the fact that any one or more of such provisions be declared unconstitutional.

HISTORY

Adopted by Ord. 1042 Sec. I on 11/27/2007