Moraga Municipal Code Ch. 9.06 Hosting Parties Where Alcohol Is Consumed by Persons Under the Age Of…

The purpose of this chapter is to regulate the hosting or allowance of parties under the circumstances described herein. This chapter is not intended to address matters involving alcoholic beverages or cannabis where separately regulated under state or local law.

(Ord. 188 § 1 (part), 2001)

(Ord. No. 276, § 1, 4-11-2018)

For purposes of this chapter the following definitions shall apply:

"Cannabis" shall have the same meaning as that term is defined in Moraga Municipal Code Section 8.160.020. Cannabis products shall include cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Party" means a group of persons who are assembling for a social occasion, gathering, activity or event.

(Ord. 188 § 1 (part), 2001)

(Ord. No. 276, § 1, 4-11-2018)

No person may allow or host a party at any property under his or her control where five or more persons under the age of twenty-one (21) are present and alcoholic beverages or cannabis or cannabis products , are in the possession of, or are being consumed by, any person under twenty-one (21) years of age.

(Ord. 188 § 1 (part), 2001)

(Ord. No. 276, § 1, 4-11-2018)

This chapter shall not apply to the following circumstances:

A. If all persons under the age of twenty-one (21) at the party are members of the same immediate family at any property owned or controlled by the family or are the legal dependents of adult guests at the party. For purposes of this subsection, "family" means the marital couple or any head of household together with those dependents residing with the marital couple or the head of household and those dependents attending school away from the principal residence of the marital couple or head of household.

B. Medicinal cannabis lawfully served to, or in the possession of a qualified patient or primary caregiver, as those terms are defined by Health and Safety Code Section 11362.7, in conformance with Health and Safety Code Section 11362.77.

(Ord. 188 § 1 (part), 2001)

(Ord. No. 276, § 1, 4-11-2018)

Any person who violates Section 9.06.030 is guilty of an infraction. An infraction is punishable as provided in Section 1.24.030 of this code.

(Ord. 188 § 1 (part), 2001)

(Ord. No. 276, § 1, 4-11-2018)