Petaluma Municipal Code Ch. 10.68 Alcohol-Related Nuisance Ordinance

This chapter is entitled and shall be known as the "Alcohol-Related Nuisance Ordinance." (Ord. 2285 NCS §1, 2007.)

A. The city council of the city of Petaluma, pursuant to the city’s police powers under Article XI, Sections 3 and 5

of the California Constitution, and the City Charter established pursuant to such sections, has the authority to

enact and enforce laws that promote the public health, safety and general welfare of its residents. Providing

alcoholic beverages to persons in a manner that leads to over-consumption of alcohol and related nuisances is a

threat to public health and safety, quiet enjoyment of both commercial and residential property, and the general

welfare of the city and its residents.

B. The city council Mnds that, although state law prohibits alcoholic beverage sales establishments from selling

alcohol to intoxicated persons and persons under twenty-one years of age, state law does not address the alcohol-

related nuisances and criminal activities that result from over-consumption of alcohol, such as littering, loitering,

public drunkenness, public urination, vandalism, graOti, unruly behavior, and escalated noise levels. These

activities disturb neighboring merchants and residents and threaten the health, safety and welfare of surrounding

property owners and the community at large. California Business and Professions Code Section 25612.5 sets forth

operating standards for oP-sale alcoholic beverage sales establishments and permits cities to adopt more

stringent operating standards. These operating standards do not apply to establishments that sell alcoholic

beverages for consumption only on site. Moreover, the city’s zoning ordinance only regulates on-sale bars and

taverns. The city council further Mnds that the Petaluma police department can more ePectively ensure that

alcoholic beverage sales establishments are not the source of public nuisances in the community with a comprehensive ordinance that regulates nuisance activities that are frequently associated with the over-

consumption of alcoholic beverages.

C. According to the California State Department of Alcoholic Beverage Control, Petaluma has a higher

concentration of alcoholic beverage sales establishments per resident population than the statewide average.

Numerous studies have shown that areas with higher density rates of alcoholic beverage sales establishments

experience higher rates of intoxication, alcohol-related traOc collisions, assaults, homicides and other crimes. A

countywide study indicated that seventy percent of those willing to report where they had been drinking prior to

being arrested for driving under the inNuence of alcohol indicated Petaluma bars and restaurants as their place of

last drink. Law enforcement personnel have in the past been required to respond to numerous calls for service in

the downtown Petaluma area for alcohol-related problems, including public intoxication, Mghts, driving under the

inNuence, and property damage. At times, the number of intoxicated persons has required multi-jurisdictional law

enforcement response. Downtown merchants consistently complain about the damage to their property and

rowdy crowds that occur Thursday through Saturday nights.

D. Pursuant to a paper written by the Santa Rosa Policy Panel on Youth Access to Alcohol, eighty-nine percent of

high school juniors reported that alcohol was easy to obtain from local merchants. A study conducted in Berkeley

from 2004 to 2006 found that thirty-seven percent of all on-sale outlets sold alcohol to minors. Moreover, the

University of Minnesota’s Alcohol Epidemiology Program indicated that, in a study of three hundred seventy-two

alcoholic beverage sales establishments, seventy-nine percent sold alcohol to obviously intoxicated persons. In

order to address these issues, many local jurisdictions in California have adopted mandatory responsible server

training programs. A 1999 study published in the Journal of Studies on Alcohol found that responsible beverage

server training can reduce underage drinking by changing server behavior. And, a study published in

Contemporary Drug Problems in 2000 similarly found that the proportion of highly intoxicated patrons decreased

in establishments where server training programs had been implemented. Robert Salz of the Prevention Research

Center in Berkeley noted that responsible server training programs were only ePective if managers of the alcoholic

beverage establishments also participated in the program. The U.S. Department of Justice further indicated that a

combination of merchant education and integrated law enforcement provides the most ePective programs for

reducing underage consumption of alcohol.

E. The city council Mnds that voluntary responsible beverage sales and service training programs cannot ensure

that all alcohol servers receive reliable or ePective training. Voluntary training programs also have not been shown

to be as successful in reducing over-consumption and sales to minors as mandatory programs with accountability

measures and consistent systems of enforcement. An ordinance that mandates training for licensees, servers and

managers of alcoholic beverage sales establishments and imposes liability on on-sale and oP-sale alcoholic

beverage sales establishment owners and operators who operate their businesses in a manner that creates a

public nuisance is necessary to deter and prevent such nuisances. Business owners should be held liable for the

alcohol-related nuisances resulting from their actions, and such business owners and operators, and not the

public, should be responsible for the costs associated with responding to multiple calls for service for alcohol-

related nuisance activities.

F. The purposes of this chapter include protecting the public health, safety and welfare by requiring owners and

operators of alcoholic beverage sales establishments to attend a California State-certiMed training program that addresses their legal responsibilities to conduct their operations in a way that does not create nuisances or foster

criminal activity; providing enforcement mechanisms to address problems often associated with the public

consumption of alcoholic beverages, such as litter, loitering, public drunkenness, public urination, vandalism,

graOti, unruly behavior, and escalated noise levels; holding alcoholic beverage sales establishments responsible

for the alcohol-related nuisances that occur on or near such establishments when ePorts at obtaining voluntary

compliance have failed; authorizing the creation of a regulatory fee program to cover the city’s reasonable costs

associated with the alcoholic beverage sales establishment program; ensuring the proper maintenance of

alcoholic beverage sales establishments to avoid negative impacts on surrounding properties; monitoring

alcoholic beverage sales establishments to ensure they do not substantially change their mode or character of

operation without obtaining the proper authorization; and reducing the costs to the public of providing multiple

police responses to alcohol-related nuisance service calls, both in terms of monetary costs and availability of law

enforcement personnel for other calls. These purposes are implemented by the imposition of administrative, civil,

and criminal penalties when an alcoholic beverage sales establishment is the source of public nuisances;

implementation of a mandatory training program for those who serve alcoholic beverages; and the imposition of

fees to recover the costs incurred by the city in providing multiple law enforcement service responses for alcohol-

related nuisance activities attributable to an alcoholic beverage sales establishment.

G. For these reasons, the Petaluma city council declares that providing alcoholic beverages to persons who

subsequently engage in alcohol-related nuisance activities such as littering, loitering, public drunkenness, public

urination, vandalism, graOti, unruly behavior, and escalated noise levels within the city is a threat to the public

peace, health, safety and general welfare, and a public nuisance as it aPects at the same time the entire Petaluma

community as well as the neighborhoods in which they occur.

(Ord. 2285 NCS §1, 2007.)

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

A. "Alcohol." The deMnition of "alcohol" in Section 23003 of the California Business and Professions Code, as

amended from time to time, shall apply to this chapter. As of the introduction of this chapter, Section 23003

deMned "alcohol" to mean "ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by

whatever process produced."

B. "Alcoholic beverage." The deMnition of "alcoholic beverage" in Section 23004 of the California Business and

Professions Code, as amended from time to time, shall apply to this chapter. As of the introduction of this chapter,

Section 23004 deMned "alcoholic beverage" to mean "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 Mt for beverage purposes either alone or when diluted, mixed, or

combined with other substances."

C. "Alcoholic beverage sales establishment" means any oP-sale or on-sale commercial establishment where

alcoholic beverages are sold, served, or given away.

D. "Alcohol-related nuisance activity attributable to an alcoholic beverage sales establishment" means nuisance

activities that occur on or near an alcoholic beverage sales establishment or that involve a call for service where a

law enforcement oOcer determines that the alcoholic beverage sales establishment provided alcohol to a person

involved in the nuisance activity within the preceding three hours, where the nuisance activities are attributable to

the operations of an alcoholic beverage sales establishment subject to this chapter and could be abated by

reasonable steps by the establishment pursuant to this chapter.

E. "City" means the city of Petaluma.

F. "Licensee" means any person holding a license, permit, or other authorization to sell alcoholic beverages to

the public issued by the California State Department of Alcoholic Beverage Control.

G. "Manager" means the person, regardless of job title or description, who has discretionary powers to organize,

carry on, control or direct the operation of an alcoholic beverage sales establishment.

H. "Nuisance activity" includes, but is not limited to, disturbance of the peace, public drunkenness, drinking in

public, harassment of passersby, gambling, prostitution, littering, loitering, public urination, graOti, lewd conduct,

vandalism, unruly behavior, drug traOcking, or escalated noise levels.

I. "OP-sale" means the sale of alcoholic beverages for consumption oP the premises where sold.

J. "On-sale" means the sale of alcoholic beverages for consumption on the premises where sold.

K. "Over-consumption of alcohol" means consumption of an amount of alcohol such that the person is under

the inNuence of alcohol pursuant to California Vehicle Code Section 23610, as that provision is amended from time

to time.

L. "Person" includes any individual, Mrm, partnership, joint venture, association, corporation, estate, trust,

business trust, receiver, syndicate, or any other group or combination acting as a unit.

M. "Reasonable steps" include:

1. Monitoring the consumption of alcoholic beverages by patrons of the alcoholic beverage sales

establishment;

2. Calling the Petaluma police department as soon as practicably possible upon discovering a nuisance

activity occurring on or near the alcoholic beverage sales establishment; and

3. Requesting those persons engaging in nuisance activities to cease those activities, unless the responsible

person, or his or her agents or employees, feel that their personal safety would be threatened in making that

request.

N. "Responsible beverage service training" or "RBS training" means an educational course in responsible

beverage sales and service methods and practices, conducted by the California Department of Alcoholic Beverage

Control or an organization certiMed by the California Department of Alcoholic Beverage Control, that provides a

certiMcate of completion.

O. "Response costs" means the costs associated with responses by law enforcement to alcohol-related nuisance

activities attributable to an alcoholic beverage sales establishment including but not limited to:

1. Salaries and beneMts of law enforcement personnel for the amount of time spent responding to,

remaining at, or otherwise dealing with alcohol-related nuisance activities attributable to an alcoholic

beverage sales establishment, and the administrative costs attributable to such response(s);

2. The cost of any medical treatment to or for any law enforcement personnel injured responding to,

remaining at or leaving the scene of a call based on an alcohol-related nuisance activity attributable to an

alcoholic beverage sales establishment;

3. The cost of repairing any city equipment or property damage, and the cost of the use of any such

equipment, in responding to, remaining at or leaving the scene of a call based on an alcohol-related nuisance

activity attributable to an alcoholic beverage sales establishment; and

4. Any costs recoverable in accordance with California Civil Code Section 1714.9.

P. "Responsible person" means a person who is an owner, operator, licensee or manager of an alcoholic

beverage sales establishment in the city.

Q. "Server" means any person who, as part of his or her employment, sells, or serves any alcoholic beverage.

(Ord. 2285 NCS §1, 2007.)

A. It is unlawful and a public nuisance for any responsible person to operate an alcoholic beverage sales

establishment in a manner that creates an alcohol-related nuisance activity attributable to an alcoholic beverage

sales establishment; fail to ensure property maintenance and operating conditions of the alcoholic beverage sales

establishment are compatible with and do not adversely impact abutting properties and the surrounding

neighborhood; or fail to take reasonable steps to abate alcohol-related nuisance activities attributable to an

alcoholic beverage sales establishment.

B. Upon receiving a complaint from the public or any interested person of a violation of this section, the

Petaluma police department may investigate the complaint to determine if an alcohol-related nuisance activity

attributable to an alcoholic beverage sales establishment has occurred. If the police oOcer determines that such

activity has occurred, the oOcer may issue a citation. A police oOcer may revisit the establishment in three to four

weeks to determine if the alcohol-related nuisance activities attributable to an alcoholic beverage sales

establishment have been abated.

C. If the police oOcer conducting the revisit Mnds that the nuisance activities that were the subject of a prior

enforcement action under this chapter within the immediately preceding twelve months have not been abated,

then all current remaining violations and future violations of this section by any responsible person at that

establishment will be subject to the criminal, civil and/or administrative penalties set forth in this chapter in addition to recovery of response costs in accordance with Section 10.68.090, and any other applicable penalties

under applicable law.

(Ord. 2285 NCS §1, 2007.)

Every licensee, manager and server shall complete responsible beverage service training within ninety days of

beginning such activities or within one year of the ePective date of the ordinance codiMed in this chapter,

whichever is later, and every third year thereafter. Licensees shall be responsible for ensuring that all servers and

managers they employ comply with this section, and licensees shall provide proof thereof to the city within ten

days of completion of said training and shall maintain a Mle of proof of completion that shall be available for

inspection by city employees during regular business hours. (Ord. 2285 NCS §1, 2007.)

Violations of this chapter may be prosecuted as misdemeanors punishable by a Mne of not more than one

thousand dollars or by imprisonment for a period not to exceed six months, or by both Mne and imprisonment. At

the discretion of the charging oOcer and/or city attorney, violations of this chapter may also be charged as

infractions as deMned in Section 19(c) of the California Penal Code. Violations charged as infractions shall not be

subject to imprisonment and shall be subject to a Mne not exceeding Mve hundred dollars for each oPense. If a

police oOcer elects to charge a violation of this chapter as a criminal violation, such oOcer shall issue a criminal

citation with a notice to appear signed by the alleged violator. Alternatively, the city attorney may prosecute

violations of this chapter by Mling a criminal complaint. (Ord. 2285 NCS §1, 2007.)

violations.

Violations of this chapter are declared to be public nuisances. Violations of this chapter may be prosecuted as a

nuisance and enforced by a civil court action as provided in Chapter 1.13 or via administrative enforcement as a

nuisance as provided in Chapter 1.14. Notwithstanding any other provisions of this chapter, whenever the

existence or continuance of any violation of this chapter or any nuisance condition poses an imminent or

immediate threat of harm to persons or property, or to public health, welfare or safety, such violation or condition

may be summarily abated in accordance with Section 1.15.010. Each and every day during any portion of which a

nuisance condition exists or continues may be deemed a separate and distinct violation for purposes of setting

the amount of penalty to be imposed. (Ord. 2285 NCS §1, 2007.)

In addition to the other remedies speciMed in this chapter, violations of this chapter are subject to the

enforcement remedies in Chapters 1.10 through 1.12 and 1.15 of the Petaluma Municipal Code. In addition, the

city expressly reserves the right to utilize enforcement remedies available under any applicable state or federal

statute or pursuant to any other lawful power of the city. All such remedies shall be alternative to or in addition to

or in conjunction with, and not exclusive of, one another. The election of remedies shall be at the sole discretion of

the city. (Ord. 2285 NCS §1, 2007.)

When the police make the Mrst response within a twelve-month period to an alcohol-related nuisance activity

attributable to an alcoholic beverage sales establishment within the city, and a police oOcer issues a citation for

violation of this chapter, the oOcer shall, in writing, inform a responsible person that:

A. An alcohol-related nuisance activity attributable to an alcoholic beverage sales establishment has occurred;

and

B. If, upon reexamination, the nuisance condition is not abated within thirty days of the date of the initial

response, the responsible person(s) may be charged for any response costs incurred for subsequent responses to

the property for an alcohol-related nuisance activity attributable to an alcoholic beverage sales establishment

within a twelve-month period.

Within thirty calendar days of the initial citation, an additional written warning shall be transmitted via certiMed

mail to the licensee at the address in the city’s business license Mle for the alcoholic beverage sales establishment.

When a police oOcer responds to an alcohol-related nuisance activity attributable to an alcoholic beverage sales

establishment within the city within twelve months of a citation and warning given to a responsible person at the

same alcoholic beverage sales establishment, and such oOcer issues a second or subsequent citation pursuant to

this chapter, all responsible person(s) shall be jointly and severally liable for the city’s response costs concerning

such second or subsequent alcohol-related nuisance activity attributable to an alcoholic beverage sales

establishment, but only to the extent that such responsible person(s) concerning the Mrst citation remain

responsible person(s) for the second or subsequent citations at such establishment.

(Ord. 2285 NCS §1, 2007.)

A responsible person charged with a violation of this chapter pursuant to Chapter 1.14 shall be entitled to pursue

the appeal procedures set forth in Section 1.14.070 for responsible persons named in notices of violations. (Ord.

2285 NCS §1, 2007.)

The city may establish a regulatory fee program to cover the costs of administering the alcohol-related nuisance

program, in accordance with applicable law by resolution of the city council, as said resolution may be amended

from time to time. (Ord. 2285 NCS §1, 2007.)

This chapter is not intended to impose, and shall not be construed or given ePect in a manner that imposes upon

the city, or any oOcer, employee, agent, or representative of the city, a mandatory duty of care toward persons or

property within or without the city limits, so as to provide a basis of civil liability for damages, except as may

otherwise be imposed by law. (Ord. 2285 NCS §1, 2007.)