San Marcos Municipal Code Ch. 10.11 Enforcement/Response Services at Parties and Events; and Use,…

ALCOHOL, CANNABIS AND OTHER CONTROLLED SUBSTANCES INVOLVING MINORS[1]

Editor's note— Ord. No. 2019-1471, § 6(Exh. E), adopted Feb. 12, 2019, amended Ch. 10.11 in its entirety to read as herein set out. Former Ch. 10.11, §§ 10.11.010—10.11.070 was entitled "Police Services at Parties and Events and Consumption of Alcohol and Controlled Substances by Minors," and derived from: Ord. No. 2006-1260, adopted Feb. 14, 2006; and Ord. No. 2013-13740, adopted Mar. 12, 2013.

Unless the context requires otherwise, the definitions set forth in this section shall govern the construction of this chapter.

(a)

Alcohol or Alcoholic Beverage means ethyl alcohol, hydrated oxide of ethyl or spirits of wine, from whatever source or by whatever process produced, and includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, 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.

(b)

Cannabis or Marijuana shall have the same meaning as the definition set forth in California Business and Professions Code Section 26001, as that Section may be amended from time to time. Notwithstanding any provisions of Business and Professions Code Section 26001, the term "Cannabis" shall also include all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds of the plant; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. "Cannabis" shall also include the separated resin,

whether crude or purified, obtained from cannabis. Whenever the term "Cannabis" is used throughout this Chapter, the term shall include cannabis products, as that term is defined by this Section.

(c)

Cannabis Products shall have the same meaning as the definition set forth in California Business and Professions Code Section 26001, as that Section may be amended from time to time. Notwithstanding any provisions of Business and Professions Code Section 26001, the term "Cannabis Products" shall also include Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated Cannabis, or an edible or topical product containing Cannabis or concentrated Cannabis and other ingredients.

(d)

Controlled Substances or Illegal Drugs shall include all narcotics or drugs, the use, consumption and/or possession of which is illegal under Federal law and/or the laws of the State of California, as defined under the Penal Code, Health and Safety Code, Business and Professions Code, and all other related statutes.

(e)

Enforcement/Response Services includes the salaries and benefits of law enforcement, Fire Department, and/or City code enforcement personnel for the amount of time actually spent in responding to, or in remaining at, the party, gathering or event, and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured law enforcement personnel, Fire Department personnel, and/or City code enforcement personnel; the cost of repairing any damaged City equipment or property; and the cost arising from the use of any damaged equipment in responding to or remaining at the party, gathering or event.

(f)

Minor means any person less than 21 years of age.

(g)

Parent or Guardian means a person who is a natural parent, adoptive parent, foster parent or step parent, or a legal guardian appointed by a court order, of a Minor.

(h)

Party, Gathering or Event means persons who have assembled for a party, social occasion or social activity.

(i)

Responsible Party(ies) or Person(s) Responsible includes, but is not limited to: (1) the person(s) who owns, rents, leases or otherwise has control of the premises where the party, gathering or event takes place; (2) the person(s) in charge of the premises; or (3) the person(s) who organized the event. If a person responsible for the event is a Minor, then the parents or guardians of that Minor will be jointly and severally liable for the costs incurred for Enforcement/Response Services pursuant to this Chapter.

(Ord. No. 2019-1471, § 6(Exh. E), 2-12-2019)

Any Person(s) Responsible for a loud or unruly Event shall be civilly liable to the City for all costs incurred by the City arising out of a second or subsequent response which is made by law enforcement, the Fire Department and/or City code enforcement to such Event where:

(a)

Law enforcement, the Fire Department and/or City code enforcement initially responded to the Event during the preceding 12-hour period;

(b)

At the time of making such initial response, personnel from the law enforcement agency, the Fire Department and/or City code enforcement warned such Responsible Party(ies), in writing, that the Event was being conducted in an unlawful manner, and that if law enforcement, the Fire Department and/or City code enforcement personnel were required to respond a second or subsequent time to

the Event, such person(s) would be assessed a second or subsequent response fee and/or be held responsible for the actual cost of Enforcement/Response Services provided during the response; and

(c)

Following such initial response, law enforcement agents, the Fire Department and/or City code enforcement were required to respond a second or subsequent time to the Event by reason of the fact that the Event continued to be conducted in an unlawful manner, notwithstanding such written warning.

(Ord. No. 2019-1471, § 6(Exh. E), 2-12-2019)

Place Open to Public.

(a)

Except as permitted by Federal and/or State law, no Minor shall use or consume in any public place or any place open to the public, or in any private place not open to the public, any Alcoholic Beverage, Cannabis and/or other Controlled Substance.

(b)

A violation of this Section shall constitute a misdemeanor punishable by a fine of $1,000.00 or by imprisonment for a period of not to exceed six months, or by both fine and imprisonment.

(Ord. No. 2019-1471, § 6(Exh. E), 2-12-2019)

Except as permitted by Article 1, Section 4 of the Constitution of the State of California, no person shall knowingly permit a Party, Gathering or Event at his or her place of residence or other private property, place, or premises under his or her control where Alcoholic Beverages, Cannabis and/or Illegal Drugs are being used or consumed by any individual who is known by the Responsible Parties to be a Minor. A violation of this section shall constitute an infraction punishable by fine as set forth in the City of San Marcos Infraction and Misdemeanor Bail Schedule per Section 1.12.010 of the City of San Marcos Municipal Code. This section shall not apply to conduct involving the use of Alcohol that occurs exclusively between a Minor and his or her Parent or legal Guardian.

(Ord. No. 2019-1471, § 6(Exh. E), 2-12-2019)

The Responsible Party(ies) who permits or allows a Party, Gathering or Event as specified in Section 10.11.040 of this Chapter, has a duty to inspect the drivers license or other government-issued identification card of each person who reasonably appears to be under the age of 30 in order to verify that they are over the legal age for using or consuming Alcohol and/or Cannabis. If the Responsible Party(ies) fails to inspect the identification of a person using or consuming Alcohol and/or Cannabis, and the person is in fact a Minor, the Responsible Party has violated Section 10.11.040 of this Chapter.

(Ord. No. 2019-1471, § 6(Exh. E), 2-12-2019)

(a)

The Responsible Person(s) for the Event shall be liable for the cost of providing Enforcement/Response Services in response to a Party, Gathering or Event in which any Minor has used, obtained, possessed or consumed Alcohol, Cannabis and/or other Controlled Substances. The Enforcement/Response Services fee shall include the cost of personnel and equipment. Such fee is deemed to be supplementary to all other applicable fines and penalties.

(b)

The amount of such fee charged shall be deemed a debt to the City of the person or persons receiving such services and if such person or persons be Minors, then the amount shall be deemed a debt of their Parents or Guardians. Any person owing money shall be liable in an action brought in the name of the City for recovery of the actual costs of Enforcement/Response Services. Actual costs shall include, in addition to the law, Fire Department and/or code enforcement service fee, costs and expenses in bringing such recovery action, including, but not limited to, reasonable attorneys' fees, witness fees and associated costs and expenses. Such costs and expenses

shall be in addition to the applicable fines and penalties referenced in Sections 10.11.020, 10.11.030 and 10.11.040 above, and any other fines and penalties provided by law.

(Ord. No. 2019-1471, § 6(Exh. E), 2-12-2019)

The City does not waive its right to seek reimbursement for actual costs of Enforcement/Response Services through other legal remedies or procedures. The procedure provided for in this chapter is in addition to any other statute, ordinance or law, civil or criminal. This chapter in no way limits the statutory authority of law enforcement, peace officers or private citizens to cite and/or make arrests for any criminal offense arising out of conduct regulated by this Chapter.

(Ord. No. 2019-1471, § 6(Exh. E), 2-12-2019)