Chapter 3.05 — PROHIBITION OF LOUD OR UNRULY GATHERINGS WHERE ANY ALCOHOL, ALCOHOLIC

BEVERAGE, CANNABIS, AND/OR CONTROLLED SUBSTANCES ARE SERVED TO, INGESTED BY, OR IN THE POSSESSION OF MINORS

The provisions of this chapter shall apply within the unincorporated area of San Mateo County.

(Ord. No. 04810, § 1, 2-26-2019)

For the purposes of this chapter, the following words and phrases shall be construed as follows:

(a)

"Alcohol" and "Alcoholic Beverage" include any form of ethyl alcohol, from whatever source or by whatever process produced, spirits, liquor, wine, beer, and every liquid or solid containing such, and which contains one-half of one percent or more alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

(b)

"Cannabis" means "cannabis", "cannabis product" and/or "cannabis concentrate", as defined in Chapter

(a)

No person shall act as a Social Host, as defined in Section 3.05.020 of this chapter, of a Loud or Unruly Gathering where a Minor has possessed, consumed, or has been served any Alcohol, Alcoholic Beverage, Cannabis, and/or Controlled Substances.

(b)

It is the duty of any Responsible Person who knowingly hosts, permits, or allows a gathering at any public or private premises to take all reasonable steps to prevent the possession and/or consumption of any Alcohol, Alcoholic Beverage, Cannabis and/or Controlled Substance by any Minor, as well as the service of these items to any Minor.

(c)

As used in this section, reasonable steps shall mean and include, but shall not be limited to:

(1)

Controlling access to Alcohol, Alcoholic Beverages, Cannabis and/or Controlled Substances;

(2)

Verifying the age of persons at the gathering by inspecting government-issued driver's licenses or identification cards; and

(3)

Supervising the activities of Minors at the gathering.

(Ord. No. 04810, § 1, 2-26-2019)

Any gathering in violation of this chapter is a public nuisance and an immediate danger to public health and safety. A violation is subject to any and all applicable civil, administrative, and criminal remedies and penalties according to the provisions and procedures contained in this ordinance code and state law including, but not limited to, an abatement action. All remedies provided herein shall be cumulative and not exclusive.

(Ord. No. 04810, § 1, 2-26-2019)

(a)

The San Mateo County Sheriff or designee, may enforce this chapter.

(b)

A violation of this chapter is punishable by administrative fines as set forth in Chapter 1.40.

(c)

In addition, a third or subsequent violation will result in liability on the part of the social host(s) for Costs for Public Safety Response Services as defined in Section 3.05.020 of this chapter. All responsible parties will be held jointly and severally liable for these costs.

(d)

All fines and Costs for Public Safety Response Services shall be paid to the County within fourteen (14) days from the date of the citation or the notice of costs to be reimbursed under this ordinance.

(e)

This chapter shall not be interpreted to limit the applicable civil or administrative remedies available under law. All available enforcement procedures and remedies remain applicable including, but not limited to, administrative fines set forth in Chapter 1.40 of this ordinance code or other applicable law.

(Ord. No. 04810, § 1, 2-26-2019)

No citation may be issued or any other enforcement action taken for violation of this chapter if law enforcement is dispatched to the gathering because a Social Host or other participant at the gathering sought medical assistance on behalf of any person present. This section should be interpreted consistent

with its purpose—to encourage social hosts and participants of gatherings to seek medical assistance whenever they believe it is needed, without fear of the consequences of violating the Ordinance.

(Ord. No. 04810, § 1, 2-26-2019)

Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by federal or state law.

(Ord. No. 04810, § 1, 2-26-2019)

If any provision, section, subsection, sentence, clause, phrase, or word of this Chapter 3.05, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the chapter. The Board of Supervisors hereby declares that it would have passed this chapter, and each provision, section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any portion of this chapter or application thereof would be subsequently declared invalid or unconstitutional.

(Ord. No. 04810, § 1, 2-26-2019)