Montebello Municipal Code Ch. 9.50 Social Host Obligations

As used in this chapter, the following terms and phrases have the meaning set forth

A. "Alcohol." Shall have the same meaning as in Business and Professions Code Section 23003 or any successor statute.

B. "Alcoholic beverage." Shall have the same meaning as in Business and Professions Code Section 23004 or any successor statute.

C. "Consume or consumption." To use, eat, drink, absorb, smoke or ingest.

D. "Controlled substance." Any drug or substance, including marijuana, whose possession and/or use are regulated under the California Uniform Controlled Substances Act codified at Health and Safety Code sections 11000 et seq., or any successor statute, or illegal under the laws of the State of California as defined under the Penal Code and any related statutes. Such term shall not include any drug or substance otherwise legally possessed or consumed.

E. "Event." A party, gathering, or event where a group of two or more persons have assembled or are assembling for a social occasion or for a social activity at a residence or other private property or public property.

F. "Legal guardian." Either of the following: (i) a person who, under court order, is the guardian of the person of a minor; or (ii) a public or private agency with whom a minor has been placed by the court.

G. "Minor." Any person under twenty-one years of age.

H. "Parents." A person who is a natural parent, adoptive parent, or step-parent of a minor.

I. "Public place." Any place in which the public or a substantial group of the public has access, including but limited to, streets, highways, parks, common area developments and common areas inside of country clubs and gated communities.

J. "Residence or other private property." 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.

(Ord. No. 2365, § 9, 1-28-2015)

A. Except as permitted by Article 1, Section 4, of the California Constitution, it is unlawful for any person(s) to conduct, permit, allow, or host an event at his or her place of residence or other private property or host an event at a public place under his or her control where alcoholic beverages or controlled substances are being consumed or have been consumed by a minor, when said person either knows or reasonably should know that a minor has consumed an alcoholic beverage, marijuana or other controlled substance. Whenever such person is present during such an event where alcoholic beverages, marijuana or other controlled substances are being served to, possessed by or consumed by a minor, it shall be a rebuttable presumption that the person has actual or constructive knowledge that a minor has consumed an alcoholic beverage, marijuana or other controlled substance if the person has not taken all reasonable steps necessary to prevent such consumption, as set forth in subsection (B) below.

B. It is the duty of any person who permits, allows or hosts an event at his or her place of residence or other private property or hosts an event at a public place under his or her control, where minors will be present, to take all reasonable steps to prevent the illegal consumption by, and service of, alcoholic beverages, marijuana and other controlled substances to minors. Reasonable steps shall, at a minimum, include all of the following:

1. Verifying the age of persons attending the event by inspecting driver licenses or other government-issued identification cards;

2. Controlling access to alcoholic beverages or controlled substances present at the event;

3. Controlling the quantity of alcoholic beverages present at the event;

4. Prohibiting the possession, service, and/or use of marijuana or other controlled substances at the event; and

5. Supervising the activities of minors at the event.

C. A person who permits, allows or hosts an event shall not be in violation of this section if he or she seeks immediate assistance from the city police department to remove any person(s) who refuses to abide by the hosts duty to abide by this chapter from the event provided that the person has taken all reasonable steps to necessary to prevent the illegal consumption of alcohol, marijuana or other controlled substances.

D. This section shall not apply to conduct involving the use of alcoholic beverages, which occurs exclusively between a minor and his or her parent or legal guardian.

E. This section shall not apply to any premises regulated by the California Department of Alcoholic Beverage Control.

F. This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian, as permitted by Article 1, Section 4, of the California Constitution.

(Ord. No. 2365, § 9, 1-28-2015)

A. Any violation of this chapter shall constitute a public nuisance, which may be abated by the city by any means provided by this code or otherwise available at law, including but not limited to, requiring the gathering to be disbanded.

B. Any person who violates any provision of this chapter shall be guilty of a misdemeanor, punishable as provided by this code.

C. The person responsible for the gathering, the tenant of the premises where the gathering takes place and the owner of the premises are jointly and severally liable for the costs of abating a violation of this chapter.

D. The remedies provided in this chapter are intended to be cumulative and may be used on conjunction with or in lieu of any remedies available to the city.

(Ord. No. 2365, § 9, 1-28-2015)