San Bernardino Municipal Code Ch. 8.83 Social Host Accountability

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALCOHOL. Any ethyl alcohol, hydrated oxide of ethyl or spirits of wine, from whatever source or by whatever process produced.

ALCOHOLIC BEVERAGE. Includes alcohols, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains 0.5% or more of alcohol by volume and which is fit for beverage purposes wither alone or when diluted, mixed or combined with other substances.

CONTROLLED SUBSTANCES. A drug or substance whose possession and use are regulated under the Controlled Substance Abuse Act, being Cal. Health and Safety Code, Division 10, commencing with § 11000. Such term does not include any drug or substance for which the individual found to have consumed such a substance has a valid prescription by a licensed medical practitioner authorized to issue such a prescription.

EXTRAORDINARY LAW ENFORCEMENT FEE. The actual cost associated with response by law enforcement, fire and other emergency response provider to a gathering, including, but not limited to:

(1) Actual 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 a gathering, and the administrative costs attributable to such response;

(2) The actual cost of any medical treatment for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of the gathering;

(3) The actual cost of repairing any city equipment or property damaged, and the actual costs of the use of any such equipment, in responding to, remaining at or leaving the scene of a gathering; and

(4) Any other allowable and reasonable costs related to the enforcement of this chapter.

EXTRAORDINARY LAW ENFORCEMENT SERVICES. The assignment of police officers and services during a second or subsequent call to a gathering after the distribution of a written notice that the gathering violates the law, or a first response if it is determined pursuant to Chapter 8.82 that notice is infeasible.

GATHERING. A party, gathering or event where a group of three or more persons have assembled or are assembling for a social occasion or social activity.

GUARDIAN.

(1) A person who, under court order, is the guardian of a minor; or

(2) A public or private agency with whom a minor has been placed by the court.

MINOR. Any person under the age of 21 years of age.

PARENT. A person who is the natural parent, adopted parent or step-parent of a minor.

PERSON RESPONSIBLE. The person that knows or should reasonably know that the subject premises are being used to host, allow or permit a gathering. Such person(s) shall rebuttably be presumed to be, in order of priority:

(1) The owner(s) of the premises where the gathering takes place;

(2) The tenant(s) of the premises where the gathering takes place;

(3) The person(s) who hosted, permitted or allowed the gathering; and/or

(4) In the event that the person responsible is a minor, then the parent(s) or guardian(s) of that minor.

PUBLIC PLACE. 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 common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

(Ord. MC-1361, passed 8-2-2011)

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 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. MC-1361, passed 8-2-2011)

(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 wither knows or reasonably should have known when a minor has consumed an alcoholic beverage, marijuana or other controlled substance to allow said consumption to occur.

(B) (1) 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 substance by any minor at the gathering.

(2) Reasonable steps include, but are not limited to, the following:

(a) Controlling access to alcoholic beverages, marijuana and other controlled substances at the gathering;

(b) Controlling the quantity of alcoholic beverages, marijuana and other controlled substances at the gathering;

(c) Verifying the age of persons attending the gathering by inspecting drivers licenses or other government issued identification cards to ensure minors do not consume alcoholic beverages, marijuana or other controlled substances while at the gathering; and

(d) 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 beverages, marijuana or other controlled substance therein, it shall be prima facie evidence that such person had or should have had the knowledge specified in division (A) above.

(D) 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 other controlled substances if the person has not taken all reasonable steps to prevent the consumption or possession of alcoholic beverages, marijuana or other controlled substances by minors as set out in division (B) above.

(E) A person who hosts, permits or allows a gathering may be liable for extraordinary law enforcement fee if extraordinary law enforcement services are necessary to handle the gathering.

(F) A person who hosts, permits or allows a gathering shall not be in violation of this chapter if he or she seeks immediate assistance from the City Police Department or other law enforcement agency to remove any person who refuses to abide by the hosts’ performance of the duties imposed by this chapter or terminate the gathering because the host has been unable to prevent minors from consuming or possession alcoholic beverages, marijuana or other controlled substance despite taking all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the gathering.

(Ord. MC-1361, passed 8-2-2011)

(A) This chapter shall not apply to any location or place regulated by the State Department of Alcohol and Beverage Control.

(B) Violation of this chapter may be enforced or punished in any manner prescribed by law, or through any other process or procedure followed by this code or any other applicable law.

(Ord. MC-1361, passed 8-2-2011)

(A) Any person violating any provision of this chapter is guilty of a misdemeanor which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(B) 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 wither knows, or reasonably should have known, when a minor has consumed an alcoholic beverage, marijuana or other controlled substance to allow said consumption to occur.

(Ord. MC-1361, passed 8-2-2011)

The provisions of this chapter are severable, and if any sentence, section or other part of this chapter should be found invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect.

(Ord. MC-1361, passed 8-2-2011)