Santa Maria Municipal Code Ch. 6-15 Social Host Regulations

A. To protect the public health, safety, and general welfare to deter and promote the reduction of underage drinking, marijuana, and illegal drug use.

B. To promote the reduction of underage drinking, marijuana, and illegal drug use by imposing a general penalty on persons responsible for gatherings where alcohol, marijuana, or other illegal drugs are consumed by, served to, or in the possession of underage persons.

C. To establish a duty of persons having control over any premises, who host, permit, or allow a gathering at the premises to take reasonable steps to prevent the service and consumption of alcoholic beverages or use of marijuana or other illegal drugs by minors. Reasonable steps include, but are not limited to, controlling the access to and provision of marijuana, illegal drugs, and alcoholic beverages to minors and monitoring the responsible, safe, and lawful conduct of minors on the premises.

D. To facilitate the enforcement of laws prohibiting the service to, consumption of, or possession of alcoholic beverages or marijuana or illegal drugs by underage persons.

E. It is not the intent of this Chapter to impose strict liability against a parent or legal guardian whose best intentions and reasonable efforts to prevent the service and consumption of alcoholic beverages or use of marijuana or illegal drugs by minors at a gathering are circumvented by the actions of any person to obtain alcoholic beverages or marijuana or illegal drugs at the premises or to bring concealed alcoholic beverages or marijuana or illegal drugs to the premises.

(Ord. 2022-05, eff. 11/18/22)

The Chief of Police or his authorized representative(s) shall be responsible for the administration and enforcement of this Chapter.

(Ord. 2022-05, eff. 11/18/22)

As used in this Section, the following terms shall have the meanings set forth below, unless the context requires otherwise:

"Alcohol"

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

"Alcoholic Beverage"

means alcohol, spirits, liquor, wine, beer, and every other 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.

"Gathering"

means a party, gathering, or event where three or more persons have assembled or are assembling for a social occasion or social activity.

"Illegal Drugs"

include a drug or other substance identified under schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). It does not include a controlled substance that is legally possessed or used under the supervision of a licensed healthcare professional or that is legally possessed or used under any other authority under that Act [ 21 U.S.C. 801 et seq.] or any other provision of Federal or California law.

"Marijuana"

means all parts of the plant Cannabis sativa L., Cannabis Indica, or Cannabis Ruderalis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not include "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

"Minor"

means any person under 21 years of age.

"Premises"

means a home, yard, apartment, condominium, hotel, motel room, or other dwelling unit or any commercial, business, or industrial site, hall, or meeting room, whether occupied on a temporary or permanent basis, and whether owned, leased, rented, or used with or without compensation.

"Responsible Person"

means any person regardless of age, business, or entity that is responsible for creating, causing, or permitting a Gathering on a Premises where Minors consume Alcoholic Beverages or Marijuana or illegal drugs or Illegal Drugs in violation of this Chapter.

(Ord. 2022-05, eff. 11/18/22)

A. It is a violation of this Chapter for a responsible person to cause or allow a gathering to take place at the premises whenever the responsible person knows or reasonably should have known alcoholic beverages, marijuana, or illegal drugs are being unlawfully consumed or used by minors.

B. Prima facie evidence that a responsible person had the knowledge, or should have had the knowledge necessary to establish a violation of this Section exists where:

1. A responsible person is present at the premises during a gathering where minors are consuming alcoholic beverages or unlawfully using marijuana or illegal drugs; or

2. A warning has been issued to the location or responsible person within the last 12 months regarding alcohol or unlawful marijuana use or illegal drugs by minors at the premises.

(Ord. 2022-05, eff. 11/18/22)

This Chapter shall not apply to:

A. Conduct which the City is expressly preempted from prohibiting under State law, specifically, the Medicinal and Adult-Use Cannabis, Regulation and Safety Act, any California Department of Alcoholic Beverage Control licensee at any premises licensed and regulated by the Department of Alcoholic Beverage Control, Federal Law, or the California or Federal Constitutions.

B. Conduct involving the use of alcoholic beverages which occurs exclusively between a minor child and his or her parent or legal guardian, including the possession or consumption of an alcoholic beverage in connection with a cultural or religious activity. This exemption does not include any conduct that would contribute to the delinquency of a minor (a violation of Penal Code section 272).

C. A responsible person who called 911 and reported that a minor was in need of medical attention due to alcohol consumption or marijuana use, was the first person to make the 911 call, and when reporting that a minor was in need of medical assistance, remained on the scene with the minor until that medical assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.

D. A responsible person who requests immediate assistance from the Police Department to remove any person who refuses to abide by the requesting person's performance of duties imposed by this Chapter, or to terminate the gathering because of the requesting person's ability to prevent minors from consuming alcoholic beverages or using marijuana despite having taken reasonable steps to do so, as long as such request is made before any other person makes a complaint about the gathering.

(Ord. 2022-05, eff. 11/18/22)

Violation of any of the provisions of the Chapter shall be an infraction, punishable as provided in Chapter 1-6 of the Code. For any responsible person who is a juvenile, each parent, or legal guardian of the juvenile will be considered a responsible person liable for any fines, penalties, and fees imposed pursuant to this Chapter.

This Chapter in no way limits the authority of the Police Department to make arrests for any criminal offense arising out of conduct regulated by this Chapter.

(Ord. 2022-05, eff. 11/18/22)