Mono County Municipal Code Ch. 10.25 The Hosting of Parties on Private Property Where Alcohol Is Consumed By…

A. The board of supervisors of the county of Mono finds and determines that the consumption of alcohol by minors at private parties or gatherings has been linked to an increase in alcohol abuse by minors and often results in or contributes to physical altercations, violent crimes including sexual offenses, accidental injury, neighborhood vandalism, and excessive noise disturbance, all of which may require intervention by law enforcement.

B. The enhancement of law enforcement's ability to abate parties where alcohol is consumed by minors will result in a decrease in the abuse of alcohol by minors, a decrease in the incidence of physical altercations and injuries, as well as decreases in neighborhood vandalism and excessive noise disturbance, thereby improving public health and safety.

C. Problems associated with parties where minors are consuming alcohol are difficult to resolve unless those responsible for such parties are subject to criminal and/or civil liability for their conduct.

D. Mono County law enforcement has been required to respond, sometimes on multiple occasions, to parties on private property at which alcoholic beverages are served to or consumed by minors. Responses to such parties result in a disproportionate expenditure of the public safety resources of the county of Mono, and can result in delayed sheriff's response to other law enforcement calls within the county.

E. The consumption of alcohol by minors is harmful to the health, safety and welfare of the community, and imposing criminal and civil liability, as well as liability for response costs, on persons responsible for or permitting such conduct is an effective means to prevent consumption of alcohol by minors.

(Ord. 06-03 § 1 (part), 2006.)

For the purposes of this chapter, the following definitions apply:

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

"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 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.

"Family gathering" is a gathering where each minor present is supervised by his or her parent or legal guardian.

"Guardian" means: (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.

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

"Minor" means any person under twenty-one years of age.

"Parent" means a person who is a natural parent, adoptive parent or stepparent of another person.

"Party" means a group of three or more persons who have assembled or are assembling for a party, social occasion or social activity at a private residence or on other private property. Party includes a gathering or event.

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

"Responsible person(s)" means and includes, but is not limited to: (1) the person(s) who owns, rents, leases or otherwise has control of the premises where the party takes place; (2) the person(s) in charge of the premises where the party takes place; (3) the person(s) who organizes, supervises, officiates, conducts or controls the party; and (4) the landlord of the person who organizes, supervises, officiates, conducts or controls the party.

"Sheriff's response costs" means the costs associated with responding to parties held at private residences or other private property at which alcohol is served to or consumed by minors, including but not limited to: (1) salaries and benefits of law enforcement personnel for the time spent responding to, remaining at, or otherwise dealing with such parties; (2) the administrative costs attributable to such responses; (3) the cost of any medical treatment to or for any law enforcement personnel injured responding to, remaining at, or leaving the scene of such a party; and (4) the cost of repairing any county equipment or property damaged, and the cost of the loss of use of any such equipment, in responding to, remaining at or leaving the scene of such a party.

(Ord. 06-03 § 1 (part), 2006.)

A. Prohibition. No responsible person shall allow a party to take place or continue at a private residence or other private property if a minor at the party obtains, possesses or consumes any alcoholic beverage and the person knows or reasonably should know that the minor has obtained, possesses, or is consuming alcoholic beverages at the party.

B. Exceptions. This section shall not apply to religious activities protected by Article 1, Section 4 of the California Constitution or to family gatherings.

C. Prima Facie Evidence of Knowledge. Whenever a responsible person is present at that residence or premises at the time that the minor obtains, possesses or consumes any alcoholic beverage in violation of this section, 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.

D. Penalty. A violation of this section shall constitute a misdemeanor punishable by a fine of one thousand dollars or by imprisonment for a period not to exceed six months, or by both fine and imprisonment.

(Ord. 06-03 § 1 (part), 2006.)

In addition to or in lieu of the criminal penalty set forth above, any violation of this chapter may be enforced as a civil matter and civil fines may be imposed as follows:

A. The fine for a first violation is five hundred dollars;

B. The fine for a second or subsequent violation is one thousand dollars.

(Ord. 06-03 § 1 (part), 2006.)

A. Citation. Upon discovering or observing a violation of Section 10.25.030 of this chapter, the sheriff may provide the responsible person(s) with a citation. The citation shall:

1. Describe the location where the violation occurred, set forth the date and time of the violation and of the issuance of the citation (if different), and indicate the facts giving rise to the violation;

2. Inform the responsible person of his or her right to an administrative hearing if timely requested and of the procedure for making such a request as set forth in Section 10.25.080 of this chapter;

3. Specify the amounts of the fine or fines being imposed under the authority of this chapter, how such fines increase for subsequent violations, that such fines shall be paid to the Mono County treasurer/tax-collector and the date by which payment is due. Said date shall be thirty days from the date the citation is served.

B. Service. A civil citation for violation of this chapter shall be served as follows:

1. Personal service on the responsible person(s); or

2. Certified mail, postage prepaid, return receipt requested to the responsible person(s). Such service shall be deemed effective on the date of mailing.

(Ord. 06-03 § 1 (part), 2006.)

A. Liability. Responsible persons shall be jointly and severally liable for sheriff's response costs when county law enforcement is called to respond for a second or subsequent time within any twelve-month period to a party at a private residence or other private property within the unincorporated areas of Mono County at which alcohol is served to or consumed by minors, provided that a warning has been given in accordance with subsection B of this section.

B. Warning. When county law enforcement makes a first or initial response to a party at a private residence or other private property within the unincorporated area of Mono County, the officer shall inform any responsible person(s) at the scene that:

1. The officer has determined that alcohol is being served to or consumed by minors; and

2. Responsible person(s) will be charged for any response costs required for subsequent responses to the scene for a party at which alcohol is served to or consumed by minors within a twelve-month period.

If a responsible person cannot be identified at the scene, the officer may issue a warning to one or more responsible persons later identified. Such warning(s) shall be made in person, or by certified mail, postage prepaid, return receipt requested.

C. Notice of Liability for Sheriff's Response Costs. Upon the occurrence of a second or subsequent response by the Mono County sheriff to a private residence or other private property for a party at which alcohol is served to or consumed by minors, a notice of liability for sheriff's costs may be served on the responsible person(s). Service shall be via certified mail, postage prepaid, return receipt requested and shall be made within thirty days of the response giving rise to such costs. The notice shall contain the following information:

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

2. The address of the residence or other private property where the party occurred;

3. The date and time of the response;

4. The law enforcement provider who responded;

5. The date and time of the warning given pursuant to subsection B of this section;

6. An itemized list of the response costs for which the person is being held liable;

7. That payment shall be made to the Mono County treasurer/tax collector and the date by which payment is to be made; and

8. That the responsible person has a right to an administrative hearing if timely requested and a description of the procedure for making such a request as set forth in Section 10.25.080 of this chapter.

D. Service. A notice of liability for response costs shall be served as follows:

1. Personal service on the responsible person(s); or

2. Certified mail, postage prepaid, return receipt requested to the responsible person(s). Such service shall be deemed effective on the date of mailing.

E. Payment. The responsible person must remit payment of the noticed response costs to the Mono County treasurer/tax collector within thirty days of the date of service of the notice of liability. The payment of any such costs shall be stayed upon a timely appeal made pursuant to Section 10.25.080 of this chapter.

(Ord. 06-03 § 1 (part), 2006.)

If any civil fine or response costs imposed pursuant to this chapter are not paid within ninety calendar days of the date that the fine or liability was imposed, then the county may file a claim in small claims court for collection thereof. If the amount owed is over five thousand dollars, then the county counsel or district attorney may file suit for collection in Superior Court. The county may collect on the judgment through any lawful means, including but not limited to recordation of a judgment lien in accordance with applicable legal requirements.

(Ord. 06-03 § 1 (part), 2006.)

A. Request for Hearing. Any person receiving a civil citation or a notice of liability for sheriff's response costs pursuant to this chapter may request an appeal hearing before the county administrative officer or his designee (hereafter the "hearing officer") postmarked within ten business days from the date the citation or the notice of liability for sheriff's response costs was served. The request for a hearing must be made in writing and filed with the county clerk in person or by mail within ten business days from the date the citation was postmarked.

The failure of any person to timely request a hearing in accordance with the provisions of this section shall constitute a waiver of his or her right to a hearing.

B. Notice of Hearing.

1. The clerk of the board shall set the date, time and place for the hearing and shall serve written notice of same at least ten business days prior to the date of the hearing to the appellant by any one of the following means:

a. Personal service;

b. Certified mail, postage prepaid, return receipt requested. Such service shall be deemed effective on the date of mailing.

2. The failure of the appellant to receive notice of the appeal hearing shall not affect the validity of any proceedings taken under this chapter.

C. Conduct of Hearing.

1. The hearing officer shall consider any written or oral evidence presented at the hearing consistent with the following procedures:

a. The appellant shall have the burden of proof at the hearing;

b. The sheriff's report of the incident for which the violation and/or notice of liability for sheriff's response costs was issued shall be accepted into evidence;

c. The citation and/or notice of liability for sheriff's response costs shall be admitted as prima facie evidence of the facts stated therein.

2. The hearing officer shall consider the facts of the case and shall draw its own independent conclusions as to the merits of the appeal; i.e., the appeal shall be heard de novo.

3. Upon conclusion of the hearing and receipt of information and evidence from all interested parties, the hearing officer may immediately render a decision, continue the proceeding or take the matter under submission and later render a decision.

4. The order and decision of the hearing officer shall be the final administrative action of the county. If the hearing officer finds that a violation has occurred and/or that the grounds for imposition of liability for sheriff's response costs exists, he or she may nevertheless, for good cause shown, reduce, waive or conditionally reduce the fines or response costs stated in the citation or notice. The hearing officer may also impose additional conditions and deadlines by which to pay outstanding fines and/or response costs.

5. The hearing officer shall produce a written order and decision setting forth findings in its support. The order and decision shall also inform the person who filed the appeal of his or her right under state law to appeal the order to the Superior Court within twenty days from the date that service of the final order is perfected on the party pursuant to Government Code Section 53069.4(b)(1).

6. The clerk of the board shall serve the order and decision on the appellant within five working days after the decision is given to the clerk for filing. Service shall be by certified mail, postage prepaid, return receipt requested.

7. If a citation is appealed under this section, then the fines or penalties will not be collected until the order and decision has been served on the appellant. Such service shall be deemed effective on the date of mailing.

(Ord. 06-03 § 1 (part), 2006.)

Mono County does not waive its rights to seek reimbursement for actual costs of enforcement services through other legal remedies or procedures. The procedure provided for in this chapter is in addition to any other statute, ordinance or law, civil or criminal. This chapter in no way limits the statutory authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this chapter.

(Ord. 06-03 § 1 (part), 2006.)