Rancho Palos Verdes Municipal Code Ch. 9.26 Social Host Liability for Parties at Which Underage Drinking Occurs

The city council finds and determines that minors often obtain alcoholic beverages at parties held at private premises. The city council further finds and determines that persons who will be held responsible for abetting or tolerating such conduct will be more likely to properly supervise or stop such parties on property under their control. The purposes of this chapter are to:

A. Protect the public health, safety and general welfare;

B. Promote the reduction of underage drinking by imposing a civil fine on persons responsible for gatherings where alcohol is consumed by, served to or in the possession of underage persons; and

C. Facilitate the enforcement of laws prohibiting the service to, consumption of or possession of alcoholic beverages by underage persons.

(Code 1981, § 9.26.010; Ord. No. 595, § 3, 4-4-2017)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverage means and 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.

Residence or other private property means 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 venue, and whether owned, leased, rented, or used with or without compensation.

Responsible person means a person with a right of possession of the residence or other private property at which a gathering is conducted. In the event that a gathering at a residence or other private property at which service to or consumption of alcohol or alcoholic beverages by underage persons occurs is hosted by a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable with said juvenile for any penalties incurred pursuant to this chapter. The term "responsible person" includes, but is not limited to:

1. Any owner of the residence or other private property, meaning the record owner of the title to the property as of the time of gathering, regardless of where that person or entity may currently actually reside;

2. A tenant or lessee of the residence or other private property;

3. The landlord of another person responsible for the gathering, provided that the landlord has received notice of a prior gathering at the same residence or other private property;

4. The person in charge of the residence or other private property; and

5. The person who organizes, supervises, officiates, conducts or controls the gathering or any other person accepting responsibility for such a gathering. A responsible person for the gathering need not be present at such gathering resulting in the responsibility giving rise to the imposition of civil money penalties or responses costs. Prior knowledge of the gathering is not pre-requisite to a finding that any specific individual is a responsible person as defined by this section.

Underage person means any person under the age of 21 years.

(Code 1981, § 9.26.020; Ord. No. 595, § 3, 4-4-2017)

It shall be a civil violation of this chapter, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to conduct or allow in a residence or other private property any party, gathering or event at which an underage person consumes or possesses alcoholic beverages, where the responsible party knows or reasonably should know that an underage person has obtained, possesses, or is consuming an alcoholic beverage.

(Code 1981, § 9.26.030; Ord. No. 595, § 3, 4-4-2017)

A. This chapter shall not apply to possession or consumption of an alcoholic beverage by an underage person under the supervision of the underage person's parent or guardian in connection with a cultural or religious activity.

B. The penalties provided by this chapter shall not apply to any responsible person who seeks medical attention for an underage person who is or appears to be under the influence of alcohol.

C. The penalties provided by this chapter shall not apply when an attendee at a gathering where underage drinking occurs is the individual who reports the underage drinking.

(Code 1981, § 9.26.040; Ord. No. 595, § 3, 4-4-2017)

When a law enforcement, fire or other emergency response provider makes an initial response to a party, gathering or event at which underage consumption or possession of alcoholic beverages occurs, the official shall, in writing, notify any responsible person at the scene that:

1. The official has determined that a party, gathering or event at which underage consumption or possession of alcoholic beverages exists;

2. The responsible person will be fined for violation of this chapter and billed for response costs pursuant to chapter 9.24 (Law Enforcement Expenses Caused by Unruly Parties and Gatherings) if the condition is not abated and an additional response is required of law enforcement or emergency service providers to abate the nuisance; and

3. The responsible person is entitled to request a hearing to appeal the fine and response costs.

This notice shall be given to all identified responsible persons at the time of the initial response.

(Code 1981, § 9.26.050; Ord. No. 595, § 3, 4-4-2017)

A. The city council shall establish a schedule of administrative fines for violation of this chapter.

B. In addition to the administrative fines described in this chapter, the responding law enforcement, fire or emergency response providers may issue an order requiring the gathering to be disbanded and may cite and/or arrest any law violators under any other applicable ordinances and state statutes.

(Code 1981, § 9.26.070; Ord. No. 595, § 3, 4-4-2017)