Santa Clara County Municipal Code Ch. III Social Host Responsibility

The County of Santa Clara makes the following findings:

(a) The County of Santa Clara, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws that promote the public health, safety and general welfare of its residents.

(b) Underage persons consuming alcoholic beverages at gatherings held at private residences, rented residential premises, or rented commercial premises is harmful to the underage persons themselves and a threat to the peace, health, safety, quiet enjoyment of neighboring residents and the general welfare of the public. Underage persons who have been consuming alcoholic beverages are at greater risk of automobile accidents, suicide, physical and sexual assault.

(c) Persons responsible for the occurrence of these types of gatherings on private property they control or own have failed to ensure that alcoholic beverages are not served to or consumed by underage persons at these gatherings.

(d) Problems associated with gatherings involving underage persons drinking alcohol can be difficult to prevent and deter. Law enforcement requires additional methods to deal with underage drinking and its attendant problems. If persons are held responsible by having to pay a fine and/or response costs for hosting a gathering where there is underage drinking, they will be more likely to supervise or to stop such conduct at events held on property that they own or control.

(e) Law enforcement, fire, and other emergency response services personnel have responded to and are required to respond to calls relating to these types of gatherings. The repeated return of public safety officers to the location of an event constitutes a drain of emergency personnel and resources and may leave other areas of the County without public safety services or with unreasonably limited service. Responses to these gatherings also result in a disproportionate expenditure of public safety resources of the County.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

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. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

For the purposes of this chapter, the following definitions shall apply:

(a) "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.

(b) "Juvenile" means any person less than 18 years of age.

(c) "Property" shall mean private property, rented residential premises, or rented commercial residences; including, but not limited to, a home, yard, garage, apartment, condominium, 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.

(d) "Response costs" means those reasonable and necessary costs directly incurred by public safety personnel for a response to an underage gathering, and include the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the underage gathering including, but not limited to:

(1) Salaries and benefits of public safety personnel for the amount of time spent responding to, remaining at, or otherwise dealing with underage gatherings, and the administrative costs attributable to the response(s); and

(2) The cost of any medical treatment to or for any public safety personnel injured responding to, remaining at or leaving the scene of an underage gathering; and

(3) The cost of repairing any public safety equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of an underage gathering.

(e) "Responsible person" includes but is not limited to:

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

(2) The person(s) in immediate control of the residence or other private property; and

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

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 [category] (2) or (3) herein. A landlord or lessor can only be held responsible under category (3) if they have knowledge that the event is an underage gathering.

(f) "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.

(g) "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 or possessed by one or more underage persons or one or more underage persons are under the influence of alcoholic beverages.

(h) "Underage person" shall mean any person under 21 years of age.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

(a) An underage gathering constitutes a public nuisance, is an immediate threat to public health and safety, and is prohibited.

(b) As a public nuisance, the underage gathering may be summarily abated by law enforcement by all reasonable means, singularly or in combination, including, but not limited to:

(1) Issuance of an administrative citation or written notice that a violation of this chapter has occurred, as set forth in Section B13-41;

(2) Issuance of a citation for recovery of response costs for repeated violations as set forth in Section B13-42;

(3) Public nuisance abatement procedures as set forth in Section A1-33, et seq.; and

(4) Any other remedy provided by law.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

(a) This chapter shall not apply to activities protected by Article 1, Section 4, of the California Constitution; the California Alcoholic Beverage Control Act; or the First or Fourteenth Amendments to the United States Constitution.

(b) A nonprofit institution of higher education (and its agents acting within their scope of authority) is exempt from sections B13-39(b)(1) and (2), B13-41 and B13-42 if it (1) has policies and programs designed to meet the purposes of this chapter with respect to the lawful and responsible use of alcohol by resident students that are reviewed and approved annually by the County's designee responsible for drug and alcohol programs; (2) bears all actual costs incurred for annual data and program review and public safety responses for alcohol-related emergencies.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

(a) Upon identification of an underage gathering, law enforcement may issue an administrative citation or a notice of violation to all responsible person(s) present at the underage gathering. Law enforcement shall notify those responsible persons present at the underage gathering that further violation of the ordinance may result in the issuance of increased fines and assessment of response costs.

The administrative fines shall be:

(1) Three hundred fifty dollars for the first administrative citation issued to the responsible person.

(2) Seven hundred dollars for the second administrative citation issued to the responsible person.

(3) One thousand dollars for the third and/or each subsequent administrative citation issued to the responsible person.

(b) Upon identification of an underage gathering, law enforcement may also issue a written notice to all other identifiable responsible persons not present at the underage gathering that a violation of the underage gathering ordinance has occurred and that further violations may result in the assessment of response costs.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

A responsible person(s) who has been issued a second administrative citation and/or written notice of violation of the underage gathering ordinance may be liable for response costs incurred in responding to the underage gathering. All responsible persons shall be jointly and severally liable for the response costs incurred in the response and all subsequent responses.

If a responsible person is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to this chapter. To incur liability for response costs imposed by this chapter, the responsible person for the underage gathering need not be present at the gathering that causes the response giving rise to the imposition of response costs. This chapter therefore imposes vicarious as well as direct liability upon a responsible person.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

For purposes of this chapter, "enforcement officer" shall mean any County employee, agent of the County, or law enforcement officer with the authority to enforce any provision of this Code.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

Whenever an enforcement officer charged with the enforcement of any provision of this Code determines that a violation has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

(a) The administrative fines and/or response costs shall be paid to the County within 30 days from the date of service of the citation, unless the person charged in the citation requests a hearing as set forth in Section B13-46 below.

(b) Payment of a fine and/or response costs under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

(a) Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible person by writing to the County Executive, or his/her designee, at 70 W. Hedding Street, East Wing, San Jose, California 95110, within 30 days from the date of service of the citation. The contesting party shall identify the date and location of the alleged violation and indicate in the letter that he or she is requesting a hearing. The contesting party shall attach a copy of the citation to the letter requesting a hearing.

(b) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days before the date of the hearing.

(c) If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five days before the date of the hearing.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

The County Executive shall designate the hearing officer for the administrative citation hearing.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

(a) A hearing before the hearing officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for hearing is filed in accordance with the provisions of this chapter.

(b) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

(c) The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a failure to exhaust administrative remedies.

(d) The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

(e) The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation before issuing a written decision.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

(a) After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.

(b) If the hearing officer determines that the administrative citation should be upheld, then the responsible person shall pay the fine amount within 30 days.

(c) The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision.

(d) The employment, performance evaluation, compensation, and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

(a) Unless otherwise provided in this Code, any person who fails to timely pay, in full, any fine imposed pursuant to the provisions of this chapter, on or before the date that fine is due, shall also be liable for the payment of a late payment charge of ten percent of the amount of the delinquent fine.

(b) Any person who fails to timely pay, in full, any fine imposed pursuant to the provisions of this chapter, on or before 30 days after its due date shall also pay a second penalty of ten percent of the delinquent amount.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

(a) The County may collect any past due administrative citation fine or late payment charge by use of all available legal means, including filing a civil lawsuit.

(b) Any person who fails to pay any obligation shall be liable in any action brought by the County for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs, and attorneys' fees.

(c) Collection costs shall be in addition to any penalties, interest, and/or late charges imposed upon the delinquent obligation.

(d) Collection costs imposed under this provision shall be added to and become a part of the underlying obligation.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior Court in accordance with the timelines and provisions set forth in California Government Code §53069.4.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)

(a) The administrative citation required to be given by this chapter shall be served on the responsible person in the same manner as summons in a civil action in accordance with Article 3 (commencing with § 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. All subsequent notices shall be served on the responsible person by personal delivery or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to such person to be notified at his last-known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

(b) Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

(Ord. No. NS-637, § 1, 10-14-08, eff. 1-1-09; Ord. No. NS-638, § 1, 2-9-10, eff. 3-9-10)