§ 4-22

The purpose of this chapter is to address the problems identified in herein and protect the public health, safety and general welfare by enhancing the enforcement of laws prohibiting the consumption of alcohol by minors and reducing the costs of providing police services to parties, gatherings, or events requiring a response, by requiring hosts to ensure minors are not consuming alcoholic beverages. (§ 2, Ord. 2889, eff. March 6, 2008)

As used in this chapter, specific words and phrases are defined as follows: (a) "Alcohol" shall have the same meaning is in Cal. Business & Professions Code § 23003 or any successor section. (b) "Alcoholic beverage" shall have the same meaning is in Cal. Business & Professions Code § 23004 or any successor section. (c) "Gathering" means a group of persons who have assembled or are assembling for a social occasion social activity. (d) "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. (e) "Minor" means any person under twenty-one (21) years of age. (f) "Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person. (g) "Premises" means any residence or other private property, individual unit or place, including any commercial or business premises. (h) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

(§ 2, Ord. 2889, eff. March 6, 2008)

Except as permitted by state law, it is unlawful for any minor to: (a) Consume at any public place or any place open to the public any alcoholic beverage; or (b) Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. (§ 2, Ord. 2889, eff. March 6, 2008)

(a) Except as permitted by state law, it is unlawful for any person to permit, allow, or host a gathering at his or her place of residence or other private property, public place, or any other premises under his or her control where alcoholic beverages have been consumed by a minor, if such person either knows or reasonably should know that a minor has consumed an alcoholic beverage. (b) A person who permits, allows or hosts a gathering shall be deemed to have actual or constructive knowledge that a minor has consumed alcoholic beverages if the person has not taken all reasonable steps prevent the consumption of alcoholic beverages by minors as set forth in subdivision (f) below. (c) Any person who permits, allows or hosts a gathering shall be rebuttably presumed to have actual or constructive knowledge that minors have consumed alcoholic beverages if such person is present at the premises of the gathering at the time any minor consumes an alcoholic beverage. (d) This section shall not apply if all minors who are consuming an alcoholic beverage are being supervised by their parents or guardians. (e) This section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control. (f) It is the duty of any person who permits, allows or hosts a gathering at his or her place of residence other private property, public place, or any other premises under his or her control, where minors will be present, to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages at the gathering, controlling the quantity of alcoholic beverages at the gathering, verifying the age of persons attending the gathering by inspecting drivers licenses or other government- issued identification cards to ensure that minors do not consume alcoholic beverages at the gathering, monitoring the activities of persons at the gathering, and monitoring the conduct of minors at the gathering. (g) A person who hosts a gathering shall not be in violation of this chapter if he or she seeks assistance from the Police Department or other law enforcement agency to remove any person who refuses to abide by the host's performance of the duties imposed by this chapter, or terminate the gathering because the host has been unable to prevent minors from consuming alcoholic beverages despite having taken all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the gathering. (§ 2, Ord. 2889, eff. March 6, 2008)

(a) Violation of this chapter is either an infraction or misdemeanor in the discretion of the citing officer, City Prosecutor, or City Attorney's Office, punishable as set forth in OMC § 1-2.01. Violations of this chapter may be

charged as either infractions or misdemeanors in the discretion of the citing officer, City Prosecutor, or City Attorney's Office. (b) Civil penalties shall be no less than Two Hundred Fifty Dollars ($250.00) for the first violation, Five Hundred Dollars ($500.00) for the second violation and One Thousand Dollars ($1,000.00) for each subsequent violation by the same person occurring within one (1) year of the first violation. (c) Nothing in this chapter in any way limits any other remedy that may be available to the City, or any penalty that may be imposed by the City. (§ 2, Ord. 2889, eff. March 6, 2008)

CHAPTER 23: REGULATION OF REGISTERED SEX OFFENDERS

CHAPTER 23: REGULATION OF REGISTERED SEX OFFENDERS

4-23.01 Purpose 4-23.02 Definitions 4-23.03 Prohibitions 4-23.04 Penalties