Chapter 9.23 — SOCIAL HOSTS—CONSUMPTION OF ALCOHOLIC BEVERAGES BY UNDERAGE

This chapter shall be known and cited as the "Social Host Ordinance." When used in this chapter, "this chapter" means the social host ordinance.

(Ord. No. 335, § 2, 10-27-2009)

The council finds and determines as follows:

A.

The occurrence of parties on private property where alcohol is served to, or consumed by, underage person(s) is harmful to the underage person(s) and a threat to public health, safety, quiet enjoyment of property and the general welfare of the communities where such parties are held.

B.

The California Department of Motor Vehicles has determined that the traffic accident rate for drivers age sixteen to nineteen caused by consumption of alcohol is 1.9 times higher than for drivers age twenty and above.

C.

Underage person(s) often obtain alcoholic beverages at parties held at private residences, or at rented residential and commercial premises, that are under the control of a person who knows, or should know, of the underage service and/or consumption. Person(s) responsible for the occurrence of parties on private property over which they have possession or control, are responsible for insuring that alcoholic beverages are neither served to, nor consumed by, underage person(s) at these parties.

D.

Control of parties on private property, where underage person(s) are being served or consuming alcohol is necessary, because serving of alcohol to underage person(s), and consumption of alcohol by underage person(s), poses a threat to the peace, health, safety, or general welfare of the public. Law enforcement's ability to abate gatherings where alcohol is served to, or consumed by, underage person(s) on private property will result in a decrease in abuse of alcohol by underage person(s), in physical altercations and injuries, in neighborhood vandalism, and in excessive noise disturbance, thereby improving public safety.

E.

Problems associated with such parties at which alcoholic beverages are served to, or consumed by, underage person(s) are difficult to prevent and deter unless law enforcement has the legal authority to direct the host to disperse the party.

F.

Law enforcement, fire and other emergency response services personnel have and are required to respond, on multiple occasions to parties on private property at which alcoholic beverages are served to, or

consumed by, underage person(s). Responses to such parties result in a disproportionate expenditure of public safety resources and staff time, leaving other areas of the city with inadequate protection.

G.

Person(s) held responsible for abetting or tolerating parties where underage persons consume alcohol will be more likely to properly supervise and stop such conduct at parties held on private property under their possession and control. The prohibitions found in this chapter are reasonable and necessary to deter the consumption of alcoholic beverages by underage person(s) by holding person(s) responsible who knowingly allow service to, or consumption by, underage person(s) responsible.

(Ord. No. 335, § 2, 10-27-2009)

The council finds and declares that the purpose of this chapter is:

A.

To protect public health, safety and general welfare;

B.

To enforce laws prohibiting the service to and consumption of alcohol by underage person(s); and

C.

To reduce the costs of providing law enforcement, fire and other emergency response services to parties by imposing a civil fee against social hosts and landowners (including landlords); and for the recovery of costs associated with providing law enforcement, fire and other emergency response services to parties where alcoholic beverages are served to, or consumed by, underage person(s).

(Ord. No. 335, § 2, 10-27-2009)

For purposes of this chapter:

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

"Alcoholic beverage" 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.

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

"Party" or "parties" means an assembly of two or more individuals for any purpose, unless all of the individuals attending the assembly are members of the same household or immediate family.

"Person(s)" includes, but is not limited to, any business, corporation or other organization.

"Private party" means a hotel or motel room or bed and breakfast unit, home, yard, apartment, condominium, mobile home, cottage, cabin, trailer, tent or other dwelling unit, abandoned or vacant warehouse or other building or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or other social function, and whether owned, leased, rented, or used with or without compensation.

"Public safety services" and/or "response costs" means the costs associated with responses by law enforcement, fire and other emergency response providers to parties, including but not limited to:

A.

The portion of the cost of salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with parties at which alcoholic beverages are served to, or consumed by, underage person(s) and the administrative costs attributable to such response(s);

B.

The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of parties at which alcoholic beverages are served to, or consumed by, underage person(s); and

C.

the cost of the use of any equipment or property, and the cost of repairing any equipment or property damaged, in responding to, remaining at or leaving the scene of parties at which alcoholic beverages are served to, or consumed by, underage person(s).

"Responsible person" means a person or persons with a right of possession in the residence or other private property on which a party is conducted, including, but not limited to:

A.

An owner of the private property;

B.

A tenant or lessee of the private property;

C.

The person(s) in charge of the private property; and

D.

The person(s) who organizes, supervises, officiates, conducts or controls the party or any other person(s) accepting responsibility for such party.

"Underage person(s)" means any person under twenty-one years of age.

(Ord. No. 335, § 2, 10-27-2009)

Except as permitted by Article 1, Section 4 of the California Constitution, it is unlawful for a person to:

A.

Knowingly permit or host a gathering at his or her place of residence or other private property, place or premises or to host a gathering at a public place under his or her control where two or more persons under the age of twenty-one are present, and alcoholic beverages are in the possession of, being consumed by, or served to any underage person.

B.

This section shall not apply to conduct involving the service to or consumption of alcoholic beverages, which occurs exclusively between an underage person(s) and his or her parent or legal guardian or during the course of a religious ceremony conducted by an ordained minister.

C.

This section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control.

(Ord. No. 335, § 2, 10-27-2009)

Whenever a responsible person is present at a private property at the time an underage person(s) is being served or consumes any alcoholic beverage thereon, it shall be prima facie evidence that such person(s) had the knowledge or should have had the knowledge specified in subsection 9.23.050 A.

(Ord. No. 335, § 2, 10-27-2009)

Each incident in violation of section 9.23.050 shall constitute a separate offense. An "incident" refers to each time law enforcement, fire, or other emergency personnel respond to a party, i.e., if a response is required multiple times to the same party on the same date, each response shall be a separate offense.

(Ord. No. 335, § 2, 10-27-2009)

For purposes of this chapter, if the person responsible for the event that violates section 9.23.050 is a juvenile, then the juvenile and his parents and/or guardians will be jointly and severally liable for all fines and other costs incurred for public safety services pursuant to this chapter.

(Ord. No. 335, § 2, 10-27-2009)

A violation of this chapter shall constitute an infraction.

(Ord. No. 335, § 2, 10-27-2009)

The city does not waive its right to seek other legal remedies or procedures. This chapter in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct currently regulated, nor does it limit in any way the city's ability to initiate and prosecute a criminal prosecution for any violation of a criminal offense arising out of the same circumstances.

(Ord. No. 335, § 2, 10-27-2009)

In addition to any fine or other punishment imposed for violation of this chapter the city may impose a fee for recovery of any costs suffered by, or billed to, the city by another agency for providing public safety services (i.e., fire, ambulance, police, sheriff, and other emergency services). The cost recovery for public safety responses shall be separate and distinct from any citation, fine, or criminal punishment for violation of this chapter.

(Ord. No. 335, § 2, 10-27-2009)