Sacramento Municipal Code Art. IV Social Host Liability for Alcohol Consumption by Minors

"Alcoholic beverage" shall have the same meaning as in Section 23004 of the California Business and Professions Code.

"Family gathering" means a gathering where each minor present is supervised by his or her parent or guardian.

"Gathering" means any party, event or other meeting where two or more persons have assembled or are assembling for a social occasion or social activity.

"Guardian" means a person who, by court order, is the guardian of a minor; or a public or private agency with whom a minor has been placed by the court.

"Host a gathering" means to permit or allow a gathering to take place.

"Juvenile" means a person under the age of eighteen (18).

"Minor" means a person under the age of twenty-one (21).

"Parent" means a person who is a natural parent, adoptive parent, foster parent, or step-parent.

"Response costs" means costs associated with law enforcement, fire or other emergency response personnel responding to, remaining at or leaving the scene of a gathering including but not limited to:

1. Salaries and benefits of law enforcement, fire or other emergency response personnel;

2. Administrative costs;

3. The cost of any medical treatment of injuries to any law enforcement fire or other emergency response personnel;

• 4. The cost of using any city equipment;
• 5. The cost of repairing any damaged city equipment or property; and
• 6. Any other costs related to enforcement of this article.

"Social host" means a person who hosts a gathering including, but not limited to, the following:

1. The owner, tenant, landlord, property manager or person in charge of the private property where the gathering occurs;

2. The person who organizes, supervises, officiates, conducts, controls or otherwise is in charge of a gathering. (Ord. 2010-040 § 2)

Except as provided in Section 9.12.230, no minor shall consume any alcoholic beverage on private property. (Ord. 2010-040 § 2)

Except as provided in Section 9.12.230, no person shall host a gathering on private property where such person knows or reasonably should know that alcoholic beverages are being served to, possessed by or consumed by a minor. Whenever such person is present during such a gathering where alcoholic beverages are being served to, possessed by or consumed by a minor, it shall be a rebuttable presumption that the person knew or should have known alcoholic beverages are being served to, possessed by or consumed by a minor. (Ord. 2010-040 § 2)

A. The provisions of Sections 9.12.210 and 9.12.220 shall not apply to:

• 1. Conduct involving use of alcoholic beverages as permitted under federal or state law;
• 2. Premises regulated by the California Department of Alcohol and Beverage Control;
• 3. A family gathering.

B. The provision of Section 9.12.220 shall not apply to a social host who initiates contact with law enforcement to assist in removing any person from a gathering or terminating the gathering in order to comply with this article, provided such request for assistance is made before any other person contacts law enforcement to complain about the gathering.

C. The provision of Section 9.12.220 shall not apply to landlords, property managers, and similar owner agents of such private property, with the sole exception of an owner who, whether on a temporary or permanent basis, leases, rents or allows the use of, such private property by or to a family member for any purpose, with or without compensation. (Ord. 2010-040 § 2)

A. The response costs incurred for the second and any subsequent response within any sixty (60) day period to the same property for a violation of this article shall be imposed on a social host as provided in this section. All social hosts in violation of Section 9.12.220 for the same gathering shall be jointly and severally liable for the response costs incurred in response to their gathering. If a social host who is in violation of Section 9.12.220 and liable for the response costs is a juvenile, the juvenile and the parent of the juvenile shall be jointly and severally liable for the response costs. The amount of response costs shall constitute a debt owed to the city.

B. Notice of the response costs shall be served via first-class mail on the social host(s) liable for such costs pursuant to subsection A of this section. The notice shall contain the following information:

• 1. The name of the social host(s) being held liable for the response costs;
• 2. The address of the private property where the gathering occurred;
• 3. The date and time of the response;
• 4. The law enforcement, fire or other emergency response personnel who responded; and
• 5. An itemized list of the response costs.

C. Payment for response costs shall be remitted to the city of Sacramento within thirty (30) calendar days of the date of the notice. The payment of any such costs shall be stayed upon the filing of a timely appeal.

D. A social host charged with response costs may, within ten (10) calendar days of the date of the notice of response costs, appeal the response costs in accordance with Article IV of Chapter 1.24. The appeal hearing shall be scheduled and conducted in the manner prescribed in Article IV of Chapter 1.24. Failure to timely file an appeal pursuant to Article IV of Chapter 1.24 shall constitute a failure to exhaust available administrative remedies, and shall bar any further or other review or appeal of the response costs. (Ord. 2010-040 § 2)

A. In addition to any other remedy allowed by law, any person who violates a provision of this article is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 1.28.

B. Violations of this article are hereby declared to be a public nuisance.

C. Any person who violates a provision of this article is liable for civil penalties of not less than two hundred fifty dollars ($250.00) or more than twenty-five thousand dollars ($25,000.00) for each separate offense.

D. Any person who violates a provision of this article is guilty of a misdemeanor.

E. All remedies prescribed under this article shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof. (Ord. 2010-040 § 2)