Mission Viejo Municipal Code Ch. 11.22 Social Host Underage Drinking, Consumption, and Use of Marijuana And…

Footnotes:

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Editor's note— Ord. No. 19-329, § 2, adopted June 11, 2019, amended the title of Ch. 11.22 to read as herein set out. Former Ch. 11.22 was titled, "Social Host Underage Drinking and Consumption Accountability."

For the purpose of this article [chapter], the following definitions shall apply:

Alcoholic beverage includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, 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.

Controlled Substances shall include all narcotics, chemicals, drugs of any type or nature, whether pharmaceutical or organic, marijuana/cannabis, whether medical or recreational and of all derivatives of cannabis that contain tetrahydrocannabinol ("THC"), including edible products, oils, pastes, baked goods, candy, or any form containing THC, the possession of which is illegal under the laws of the State of California as defined under the Penal Code, Health and Safety Code and Federal, County, or municipal statutes.

Juvenile means any person less than 18 years of age.

Minor means any person less than 21 years of age.

Parties, gatherings or events means a group of two or more persons who have assembled or are assembling for a social occasion or social activity at a residence or on other private property or rented public property. Said parties, gatherings or events where alcoholic beverages and/or controlled substances are consumed by, provided to or possessed by underage persons shall constitute a public nuisance.

Person responsible for the event means and includes, but is not limited to:

(1) The person who owns, rents, leases or otherwise has control of the premises where the party, gathering, or event occurs; and/or

(2) The person in charge of the premises; and/or

(3) The person who organized the event; and/or

(4) The person who supervised the event.

Underage person means any person less than 21 years of age and shall have the same meaning as "minor," defined above.

(Ord. No. 08-271, § 2, 8-18-08; Ord. No. 19-329, § 2, 6-11-19)

No person shall knowingly suffer, permit, or host a party, gathering or event at his or her place of residence or other private or public property, place or premises under his or her control where two or more persons under the age of 21 are present, where alcoholic beverages and/or controlled substances are in the possession of, being consumed by, or served to any underage person. This prohibition shall not apply to parties, gatherings or events where religious services and/or activities protected by article 1, section 4 of the California Constitution, are exercised, nor shall the prohibition apply to conduct involving the use of alcoholic beverages exclusively between a minor and his or her parent and/or legal guardian.

(Ord. No. 08-271, § 2, 8-18-08)

(a) Any person violating section 11.22.020 of this chapter shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not more than $1,000.00 and/or imprisonment of not more than six months, except as noted in subsection (b).

(b) Violations of this chapter shall be punishable by the city prosecutor as provided by section 1.01.200 of the Mission Viejo Municipal Code, with the city prosecutor having discretion to reduce any violation of this chapter to an infraction, pursuant to section 1.01.200.

(c) In the event that the responsible person who is in violation of section 11.22.020 is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for any fine imposed.

(d) The procedures provided for in this section are in addition to any other statute, ordinance or law, civil or criminal. This section in no way limits the authority of law enforcement officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this chapter.

(Ord. No. 08-271, § 2, 8-18-08)