Redlands Municipal Code Ch. 9.30 Social Host Liability

The purposes of this chapter are to protect public health, safety and general welfare; to enforce laws prohibiting the service to and consumption of alcoholic beverages by underage persons; and to reduce the costs of providing police, fire and other emergency response services to loud or unruly gatherings by imposing a civil fee against social hosts and landowners (including landlords) for the recovery of costs associated with providing law enforcement, fire and other emergency response services to loud or unruly gatherings, including those where alcoholic beverages are served to or consumed by underage persons. (Ord. 2780, 2013)

For the purposes of this chapter, the following terms shall have the following meanings:

ALCOHOL: 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 whether alone or when diluted, mixed, or combined with other substances.

CONTROLLED SUBSTANCE: A drug or substance whose possession and use are regulated under the controlled substances act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.

GATHERING: A party, gathering, or event where a group of two (2) or more persons have assembled or are assembling for a special occasion or social activity.

JUVENILE: Any person under eighteen (18) years of age.

LOUD OR UNRULY GATHERING: A party or gathering of two (2) or more persons at or on a residence or other private property upon which loud or unruly conduct occurs. Such loud or unruly conduct includes, but is not limited to:

A. Excessive noise;

B. Excessive traffic;

C. Obstruction of public streets or crowds that have spilled into public streets;

D. Public drunkenness or unlawful public consumption of alcohol, alcoholic beverages, or marijuana or other controlled substance;

E. Service to, or consumption of alcohol or alcoholic beverages by, any underage person, except as permitted by state law;

F. Assaults, batteries, fights, domestic violence or other disturbances of the peace;

G. Vandalism;

H. Litter; and

I. Any other conduct which constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare.

PUBLIC PLACE: Any place in 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, other than the campus of a public or private college or university, if such college or university: a) maintains a public safety department adequately staffed to provide security and police services at all times with respect to the campus, meaning twenty four (24) hours per day and seven (7) days per week, and b) has in place a written protocol with the Redlands police department with respect to coordination and cooperation regarding provision of security and police services on the campus.

RESIDENCE OR OTHER PRIVATE PROPERTY: 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, and whether owned, leased, rented, or used with or without compensation, other than the campus of a public or private college or university, if such college or university: a) maintains a public safety department adequately staffed to provide security and police services at all times with respect to the campus, meaning twenty four (24) hours per day and seven (7) days per week, and b) has in place a written protocol with the Redlands police department with respect to coordination and cooperation regarding provision of security and police services on the campus.

RESPONSE COSTS: The costs associated with responses by law enforcement, fire and other emergency response providers to loud or unruly gatherings, including, but not limited to:

A. 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 loud or unruly gatherings, and the administrative costs attributable to such responses; and

B. Except when the responsible person against whom the city might seek cost recovery is a public or private college or university that satisfies the requirements of "public place" as defined herein, 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 a loud or unruly gathering; and

C. Except when the responsible person against whom the city might seek cost recovery is a public or private college or university that satisfies the requirements of "public place" as defined herein, the cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of a loud or unruly gathering.

RESPONSIBLE PERSON: A person or persons with a right of possession in the residence or other private property on which a loud or unruly gathering is conducted, including, but not limited to:

A. An owner of the residence or other private property;

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

C. The landlord of another person responsible for the gathering;

D. The persons in charge of the residence or other private property; and/or

E. Any persons who host, organize, supervise, permit, officiate, conduct or control the gathering or any other persons accepting responsibility for such a gathering. If the responsible person for the gathering is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to this chapter. To incur liability for response costs imposed by this chapter, the responsible person for the loud or unruly gathering need not be present at such gathering resulting in the response giving rise to the imposition of response costs. This chapter therefore imposes vicarious as well as direct liability upon a responsible person. Notwithstanding the foregoing, the term "responsible person" shall not mean or be interpreted to mean a public or private college or university, if such college or university: 1) maintains a public safety department adequately staffed to provide security and police services at all times with respect to the campus, meaning twenty four (24) hours per day and seven (7) days per week, and 2) has in place a written protocol with the Redlands police department with respect to coordination and cooperation regarding provision of security and police services on the campus.

UNDERAGE PERSON: Any person under twenty one (21) years of age. (Ord. 2780, 2013)

Except as permitted by state law, it is unlawful for any minor to:

A. Consume at any public place or any places open to the public any alcoholic beverage, marijuana, or other controlled substance; or

B. Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of an alcoholic beverage that minor is being supervised by his or her parent or legal guardian. (Ord. 2780, 2013)

A. Except as permitted by state law, it is unlawful for any person having control of any premises who knows or should reasonably know that he or she has hosted, permitted, or allowed a gathering to take place at said premises, where at least one minor consumes an alcoholic beverage, marijuana or other controlled substance whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage, marijuana or other controlled substance or reasonably should have known that a minor consumed an alcoholic beverage, marijuana or other controlled substance.

B. It is the duty of any person having control of any premises, who knows or should know that he or she has hosted, permitted, or allowed a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana or other controlled substances by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages, marijuana or other controlled substances at the gathering; controlling the quantity of alcoholic beverages, marijuana or other controlled substances present at the gathering; verifying the age of the persons attending the gathering by inspecting driver's licenses or other government issued identification cards to ensure that minors do not consume alcoholic beverages, marijuana or other controlled substances while at the gathering; and supervising the activities of minors at the gathering.

C. Whenever a person having control of a premises is present at the premises at the time that a minor possesses or consumes any alcoholic beverage, marijuana or controlled substance thereon, it shall be prima facie evidence that such person had the knowledge or should have had the knowledge specified in this section.

D. Except as permitted by state law, it is unlawful for any person to host, permit, conduct, organize or allow a gathering in, upon or at any public place where at least one minor consumes alcoholic beverages, marijuana or controlled substances.

E. A person who hosts, permits, or allows a gathering shall be deemed to have actual or constructive knowledge that a minor has consumed or possessed alcoholic beverages, marijuana or controlled substances if the person has not taken all reasonable steps to prevent the consumption or possession of alcoholic beverages, marijuana or controlled substances, as set forth in subsection B of this section.

F. A person who hosts, permits, or allows a gathering shall be deemed to have actual or constructive knowledge that a minor has consumed or possessed alcoholic beverages, marijuana or controlled substances if the person has not taken all responsible steps to prevent the consumption or possession of alcoholic beverages, marijuana or controlled substances by minors.

G. A person who hosts, permits or allows a gathering shall not be in violation of this section if he or she seeks immediate assistance from the Redlands 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 section, or terminate the gathering because the host has been unable to prevent minors from consuming or possessing alcoholic beverages, marijuana or controlled substances 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.

H. This section shall not apply to any location or place regulated by the California department of alcohol and beverage control.

I. This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or guardian, as permitted by article I, section 4 of the California constitution. (Ord. 2780, 2013)

Every owner, occupant, lessee or holder of any possessory interest of a residence or other private property within the city is required to maintain, manage and supervise the property and all persons thereon in a manner so as not to violate the provisions of this chapter. The owner of the property remains liable for such violations regardless of any contract or agreement with any third party regarding the property. (Ord. 2780, 2013)

A. It shall be an infraction for any responsible person to conduct, aid, allow, permit or condone a loud or unruly gathering at a residence or other private property, or in, at or upon any public place.

B. The civil fines shall be no less than one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for the second violation, and five hundred dollars ($500.00) for each subsequent violation, occurring within one year of the first violation.

C. The fines prescribed in this section are in addition to any response costs that may be assessed pursuant to this chapter.

D. The second, third or subsequent violation fines prescribed at subsection B of this section are payable whether or not the responsible person for such loud or unruly gathering is different from the responsible person for any prior loud or unruly gathering at the residence or other private property.

E. The fine schedule prescribed in this section is a "rolling schedule", meaning that in calculating the fine payable the city shall count backward starting from the date of the most recent loud or unruly gathering to determine how many prior loud or unruly gatherings have taken place at the residence or other private property in question during the statutory twelve (12) month period. A warning given pursuant to this chapter shall remain in effect for the residence or other private property at a given address until a full twelve (12) month period has elapsed during which there has been no response to a loud or unruly gathering at the residence or other private property. (Ord. 2780, 2013)

A. When law enforcement, fire or other emergency response provider responds to a loud or unruly gathering at a residence or other private place, or in, at or upon any public place within the city within a twelve (12) month period of a warning given to a responsible person for a loud or unruly gathering, all responsible persons shall be jointly and severally liable for the city's costs of providing response, costs for that response and all subsequent responses during the warning period.

B. When a law enforcement, fire or other emergency response provider official makes an initial response to a loud or unruly gathering at a residence or other private property, or in, at or upon any public place within the city, the official shall inform any responsible persons for the gathering at the scene that:

1. The official has determined that a loud or unruly gathering exists; and

2. Responsible persons will be charged for any response costs required for subsequent responses to the scene for a loud or unruly gathering within a twelve (12) month period.

C. Only one warning will be given to a responsible person pursuant to this section before the city assesses response services costs pursuant to section 9.30.060 of this chapter. If a responsible person cannot be identified at the scene, the official may issue a warning to one or more persons identified in the definition of "responsible person" of section 9.30.020 of this chapter and/or subsequently return to the residence or other private property and issue the warning to a then present responsible person. Warnings given to responsible persons who do not reside at the residence or other private property in question shall be delivered by first class and/or certified mail. (Ord. 2780, 2013)

The amount of response costs shall be deemed a debt owed to the city by the responsible person held liable for the loud or unruly gathering and, if a juvenile, by the juvenile's parents or guardians. Any person owing such costs shall be liable in a civil action brought in the name of the city for recovery for such fees, including reasonable attorney fees.

A. Notice of the costs for which the responsible person is liable shall be mailed via first class and certified mail within fourteen (14) days of the response giving rise to such costs. The notice shall contain the following information:

1. The name of the persons being held liable for the payment of such costs;

2. The address of the residence or other private property where the loud or unruly gathering occurred;

3. The date and time of the response;

4. The law enforcement, fire and emergency service provider who responded;

5. The date and time of any previous warning given and/or previous responses to loud or unruly gatherings at the residence or other private property in question within the previous twelve (12) months; and

6. An itemized list of the response costs for which the persons are being held liable.

B. The responsible person must remit payment of the noticed response costs to the finance department of the city within thirty (30) days of the date of the notice. The payment of any such costs shall be stayed upon a timely appeal made pursuant to this chapter.

C. The amount of a civil fine and/or responsive costs shall be deemed a debt owed to the city by the persons found in violation of section 9.30.040 of this chapter and therefore liable for a fine under section 9.30.060 of this chapter and fees under section 9.30.070 of this chapter, and, if that person is a juvenile, then also his/her parents or guardians. Any person owing such fine and/or fees shall be liable in an action brought in the name of the city for recovery of such fines and/or fees. These recovery costs may include reasonable attorney fees incurred in the action if the city prevails, as the city reserves the right to seek to recover reasonable attorney fees, on a case by case basis. (Ord. 2780, 2013)

Nothing in this chapter shall be construed as a waiver by the city of any right to seek reimbursement for actual costs of response services through other legal remedies or procedures. The procedure provided for in this chapter is in addition to any other statute, ordinance or law, civil or criminal. 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 regulated by this chapter. (Ord. 2780, 2013)

Any person upon whom is imposed a fine/penalty and/or response costs recovery fees shall have the right to appeal the imposition of such fine/penalty or fees to the city pursuant to the procedures established by the city for appealing the abatement of public nuisances. (Ord. 2780, 2013)