Rosemead Municipal Code Ch. 9.18 Social Host—underage Drinking and Consumption Accountability

The City Council finds, determines and declares that this chapter has been enacted based upon the following facts and purposes:

(1) The occurrence of parties, gatherings, or events on private property where alcoholic beverages are served to, consumed by or in the possession of underage persons is harmful to the underage persons themselves and is a public nuisance; and

(2) According to local, state and federal surveys, alcohol is overwhelmingly and consistently the most widely used drug at all adolescent age levels, and a child who begins alcohol use prior to age fifteen (15) is four times as likely to experience alcohol dependence than one who refrains from alcohol use until age twenty (20) or older; and

(3) The occurrence of parties, gatherings, or events on private property where alcoholic beverages are served to, consumed by or in the possession of underage persons is harmful to the underage persons themselves and is a public nuisance; and

(4) The City of Rosemead has made numerous and substantial efforts to enforce underage drinking and consumption laws. Despite these efforts, use of alcohol by youth remains a serious problem in the City, contributing significantly to the incidence of adolescent crime, addiction, sexual assault, truancy, driving under the influence of alcohol, and motor vehicle crashes involving alcohol and causing injury and/or death; and

(5) Underage persons often obtain alcoholic beverages at gatherings held at private residences or at rented residential or commercial premises that are under the control of a person who knows or should know of the service to, possession by, and/or consumption of alcoholic beverages by underage persons. Persons responsible for the occurrence of parties, gatherings, or events on private property over which they have possession or control have failed to ensure that alcoholic beverages are not served to, consumed by or possessed by underage persons at these gatherings; and

(6) Control of parties, gatherings, or events on private property where alcoholic beverages are served to, consumed by or possessed by underage persons is necessary when such activity is determined to be a public nuisance; and

(7) Persons held responsible for abetting or allowing parties, gatherings, or events where alcoholic beverages are served to, consumed by or possessed by underage persons will be more likely to properly supervise or to stop such conduct at parties, gatherings or events held on property in their possession or under their control; and

(8) In the past and present, law enforcement, fire and other emergency response services personnel have responded and are required to respond, sometimes on multiple occasions, to parties, gatherings, or events on private property at which alcoholic beverages are served to, consumed by or possessed by underage persons, and responses to such gatherings result in a disproportionate expenditure of public safety resources of the City, which are underwritten by taxes paid to the City and the County by taxpayers and residents, and also result in a delay of responses to regular and emergency calls to the rest of the City; and

(9) Problems associated with parties, gatherings, or events at which alcoholic beverages are served to, consumed by or possessed by underage persons are difficult to prevent or deter unless the City has the legal authority to penalize said action; and

(10) The intent of this article is to protect the public health, safety and enjoyment of residential property and general welfare; and

(11) Section 25658 of the State of California Business and Professions Code makes it unlawful for a person under the age of twenty-one (21) years to purchase or attempt to purchase, or consume alcoholic beverages and makes it unlawful for any person to sell any alcoholic beverage to any person under the age of twenty-one (21) years; and

(12) The City Council of the City of Rosemead therefore determines that this chapter is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the youth and other residents of the City of Rosemead.

(Ord. No. 899, § 1, 8-24-10)

For the purpose of this chapter, the following definitions shall apply:

(1) "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, 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.

(2) "Juvenile" means any person less than eighteen (18) years of age.

(3) "Minor" means any person less than twenty-one (21) years of age.

(4) "Parties, gatherings or events" means and includes a group of two or more persons who have assembled or are assembling for a social occasion or social activity at a residence or on other private property or rented public property. Parties, gatherings or events which violate the prohibitions set forth in Section 9.18.030 shall constitute a public nuisance.

(5) "Person responsible for the event" means and includes, but is not limited to:

(A) The person who owns, rents, leases or otherwise has control of the premises where the party, gathering, or event occurs; and/or

(B) The person in charge of the premises; and/or

(C) The person who organized the event; and/or

(D) The person who supervised the event.

(6) "Underage person" means any person less than twenty-one (21) years of age and shall have the same meaning as "minor," as defined above.

(Ord. No. 899, § 1, 8-24-10)

No person shall knowingly suffer, permit, or host a party, gathering or event at his or her place of residence or other private or public property, place or premises under his or her control where two or more persons under the age of twenty-one (21) are present, where alcoholic beverages are in the possession of, being consumed by, or served to any underage person. This prohibition shall not apply to parties, gatherings or events where religious services and/or activities protected by Article 1, Section 4, of the California Constitution, are exercised, nor shall the prohibition apply to the consumption of an alcoholic beverage by a minor at any place not open to the public when the minor is being supervised by his or her own parent or legal guardian.

(Ord. No. 899, § 1, 8-24-10)

(1) Any person violating Section 9.18.030 of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000.00) and/or imprisonment of not more than six months, except as noted in subsection (2).

(2) Violations of this chapter shall be punishable by the City Attorney as provided by Chapter 1.16 of the Rosemead Municipal Code, with the City Attorney having discretion to reduce any violation of this chapter to an infraction and/or to require offenders to attend counseling.

(3) The procedures provided for in this section are in addition to any other statute, ordinance or law, civil or criminal. This section in no way limits the authority of law enforcement officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this chapter.

(Ord. No. 899, § 1, 8-24-10)