Chapter 10.30

SOCIAL HOST RESPONSIBILITY

Parts:

• 1 General Provisions

• 2 Prohibition

Part 1

GENERAL PROVISIONS

Sections:

10.30.030 Alcoholic beverage.

10.30.040 Property.

10.30.050 Response costs.

• 10.30.060 Responsible person.

10.30.070 Residence or other private property.

• 10.30.080 Underage gathering.

• 10.30.090 Underage person.

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SAN JOSÉ CODE

§ 10.30.010

The purposes of this chapter are:

• A. To enforce laws prohibiting the consumption of alcoholic beverages by underage persons and the service of alcoholic beverages to underage persons, as well as to deter the service of alcoholic beverages to and consumption of alcoholic beverages by underage persons at certain gatherings; and

• B. To protect public health, safety, general welfare, and quiet enjoyment of property and properties neighboring these gatherings; and

• C. To reduce the costs of providing police, fire, and other emergency response services to underage gatherings by imposing an administrative fee and/or responsibility for response costs against social hosts and landowners for the recovery of costs associated with providing law enforcement, fire, and other emergency response services to gatherings at which alcoholic beverages are served to or consumed by underage persons.

• (Ord. 29088.)

The definitions set forth in this part shall govern the application and interpretation of this chapter. (Ord. 29088.)

"Alcoholic beverage" shall mean alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer that contain one-half of one percent or more of alcohol by volume; and is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

(Ord. 29088.)

"Property" shall mean a residence or other private property, rented residential premises, or rented commercial residences; including, but not limited to, a home, yard, garage, apartment, condo-

minium, 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. (Ord. 29088.)

"Response costs" shall mean the response charges set forth in Section 10.16.120 of this Code. (Ord. 29088.)

"Responsible person" includes but is not limited to:

• A. The person(s) who owns, rents, leases, or otherwise has possession of the residence or other private property;

• B. The person(s) in immediate control of the residence or other private property; or

• C. The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the underage gathering.

• D. If the residence or other private property is rented or leased, the landlord or lessor is not covered by this chapter unless they fall within the category of persons described under Subsection B. or C. herein. A landlord or lessor can only be held responsible under Subsection C. if they have knowledge that the event is an underage gathering.

(Ord. 29088.)

"Residence or other private property" means a home, yard, apartment, condominium, hotel or motel room, other dwelling unit, 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. (Ord. 29088.)

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PUBLIC PEACE, MORALS AND WELFARE

§ 10.32.010

"Underage gathering" means a party or gathering of four or more persons at a residence or other private property at which alcoholic beverages are being consumed by one or more underage persons or one or more underage persons are under the influence of alcoholic beverages. (Ord. 29088.)

"Underage person" shall mean any person under twenty-one years of age. (Ord. 29088.)

be a "disturbance" and any responsible person is jointly and severally liable for response costs in accordance with Part 3 of Chapter 10.16 of Title 10 of this Code.

(Ord. 29088.)

A violation of this chapter is enforceable through administrative citation and all other civil and administrative remedies available to the city. (Ord. 29088.)