Salinas Municipal Code § 21-240 Recovery of response costs

The purposes of this article are:

(a) To protect the public health, safety, and general welfare.

(b) To promote the reduction of underage drinking by imposing a civil fine on persons responsible for loud or unruly gatherings where alcohol is consumed by, served to or in the possession of minors.

(c) To facilitate the enforcement of laws prohibiting the service to, consumption of, or possession of alcoholic beverages by minors.

(d) To offset the municipal costs associated with providing fire, police, and other emergency services to loud or unruly gatherings by imposing a civil fee upon social hosts and/or landowners who conduct or allow such loud or unruly gatherings to occur on their premises, at their residences, or at rented facilities where alcoholic beverages are served to, consumed by, or in the possession of minors.

(Ord. No. 2513 (NCS), § 4, 2-1-2011)

For purposes of this article, the following words and phrases have the meanings set forth in this section.

(a) "Alcohol" shall have the same meaning as in Business and Professions Code section 23003, as the same may be amended from time to time, and any successor section thereto.

(b) "Alcoholic beverage" shall have the same meaning as in Business and Professions Code section 23004, as the same may be amended from time to time, and any successor section thereto.

(c) "Gathering" means a group of persons who have assembled or who are assembling for a social occasion or social activity.

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

(e) "Premises" means any residence or other private property, individual unit or place, including any commercial or business premises.

(f) "Public place" means any place to 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.

(Ord. No. 2513 (NCS), § 4, 2-1-2011)

(a) Except as may be permitted by state law, it is unlawful for any person to permit, allow, or host a gathering at his or her place of residence or other private property, public place, or any other premises under his or her control where alcoholic beverages are in the possession of or being consumed by or have been consumed by one or more minors, if such person either knows or reasonably should know that a minor is in possession of or is consuming or has been in the possession of or has consumed an alcoholic beverage.

(b) A person who permits, allows or hosts a gathering shall be deemed to have actual or constructive knowledge that minors have consumed alcoholic beverages if the person has not taken all reasonable steps to prevent the consumption of alcoholic beverages by minors as set forth in subsection (f) this section.

(c) Any person who permits, allows or host a gathering shall be rebuttably presumed to have actual or constructive knowledge that minors have consumed alcoholic beverages if such person is present at the premises of the gathering at the time any minor consumes an alcoholic beverage.

(d) 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 legal guardian.

(e) This section shall not apply to any location or place regulated by the California Department of Beverage Control.

(f) It is the duty of any person who permits, allows or hosts a gathering at his or her place of residence or other private property, public place or any other premises under his or her control, where minors are present, to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages at the gathering, controlling the quantity of alcoholic beverages at the gathering, verifying the age of persons attending the gathering by inspecting drivers licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages at the gathering, monitoring the activities of persons at the gathering, and monitoring the conduct of minors at the gathering.

(g) A person who hosts a gathering shall not be in violation of this article if he or she seeks assistance from the Salinas 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 the Salinas City Code, or terminate the gathering because the host has been unable to prevent minors from consuming alcoholic beverages 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) Whenever a person having a right of possession of a private residence or other private property is present at that private residence or other private property at the time that a minor possesses or consumes any alcoholic beverage at a gathering at or on said property, it shall be prima facie evidence that such person had the knowledge, or reasonably should have had the knowledge, that the minor possessed or consumed an alcoholic beverage at the gathering.

(Ord. No. 2513 (NCS), § 4, 2-1-2011)

This article is not intended to impose, and shall not be construed or given effect in a manner that imposes upon the city, or any officer, employee, agent, or representative of the city, a mandatory duty of care toward persons or property within and without the city limits, so as to provide a basis of civil liability for damages, except as may otherwise be imposed by law.

(Ord. No. 2513 (NCS), § 4, 2-1-2011)

(a) In addition to any fines or penalties which may otherwise be levied by the city pursuant to this article, the city shall be entitled to recover from any person found to be in violation of any provision of this article, the city's full response costs.

(b) For purposes of this article, the term "response costs" shall mean those reasonable and necessary costs directly incurred by the city for a response to a gathering prohibited under this article and shall include the cost of providing police, fire, and/or other emergency response services at the scene of such gathering to include, but not limited to,

(1) Salaries and benefits of law enforcement and/or emergency personnel for the full amount of time spent responding to, remaining at, or otherwise dealing with such gatherings, and the administrative costs attributable to such responses;

(2) The cost of any medical treatment to or for any law enforcement personnel injured while responding to, remaining at, or leaving the scene of such gatherings; and

(3) The cost of repairing any city equipment or property damaged and the cost of the use of any such equipment used in responding to, remaining at, or leaving the scene of such gatherings.

(c) The city's response costs shall be deemed a debt owed to the city which may be recovered by the city in a civil action. In addition to any response costs which the city may recover, in the event the city brings a civil action to enforce the provisions of this section and to recover its response costs, the city may be entitled to recover its attorney fees and costs incurred in the action if the city prevails.

(Ord. No. 2513 (NCS), § 4, 2-1-2011)

(a) Violation of this article is a misdemeanor punishable by up to six months in the county jail and/or up to a one thousand dollar fine.

(b) Alternatively, and in the discretion of the city attorney, a violation of this article may be prosecuted administratively. Any enforcement officer of the city, at his or her discretion, may issue an administrative citation for a violation of this article. There is a no requirement of a first warning in order for the enforcement officer to issue the citation.

(1) A first violation of this article shall result in a citation with a five hundred dollar penalty.

(2) A second violation of this article within a twelve-month period shall result in a citation with a one thousand dollar penalty.

(3) A third or a subsequent violation of this article within a twelve-month period shall result in a citation with a one thousand five-hundred dollar penalty.

(4) The city shall give notice of a violation of this section by issuing an administrative citation to any and all persons identified by the enforcement officer within thirty days of the violation. The administrative citation shall be subject to the appeal process set forth in Division 1 of Article II of Chapter 1 of the City Code.

(5) The administrative penalty prescribed in this section is in addition to any administrative cost recovery fee for public safety responses set forth in the Salinas City Code.

(6) In the event that the person who is in violation of this section is a minor, then the minor and the parents or guardians of that minor will be jointly and severally liable for the administrative penalty.

(7) The amount of a civil fine shall be deemed a debt owed to the city by the persons found to be in violation of this article. 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 fine and/or fees. These recovery costs may include reasonable attorneys' fees and costs incurred in the action if the city prevails.

(Ord. No. 2513 (NCS), § 4, 2-1-2011)

This article shall not be interpreted in any manner that conflicts with the laws or the constitutions of the United States or of the State of California.

(Ord. No. 2513 (NCS), § 4, 2-1-2011)