Article 2 — Consumption of Alcoholic Beverages by Minors

Except as permitted by State law, it is unlawful for any minor to:

• A. Consume at any public place or any place open to the public any alcoholic beverage, marijuana or other controlled substance; or

• B. Consume at any place not open to the public any alcoholic beverage, marijuana, or other controlled substance, unless the minor consumes an alcoholic beverage under the supervision of the minor's parent or legal guardian.

• (Ord. 560 § 3, 2019)

• A. 1. Any person who has control of any premises and knowingly hosts, permits, or allows a gathering at the premises must take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana and other controlled substances by any minor at the gathering. "Reasonable steps" include but are not limited to: controlling access to alcoholic beverages, marijuana or other controlled substances at the gathering; controlling the quantity of alcoholic beverages, marijuana or other controlled substances present at the gathering; verifying the age of persons attending the gathering by inspecting government-issued identification cards; and supervising the activities of minors at the gathering.

  2. Whenever a person with control of a premises is present at that premises at the time that a minor possesses or consumes any alcoholic beverage or controlled substance, that person's presence constitutes prima facie evidence the such person had the knowledge or should have had the knowledge specified in subsection (A)(1).

• B. This section does not apply to any of the following:

  1. Conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian, as permitted by Article I, Section 4, of the California Constitution.

2. Any California Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control.

(Ord. 560 § 3, 2019)

The City may prosecute violations of this article in the name of the people of the State of California, criminally, civilly, and/or administratively as provided in this code. The City may seek administrative fees and response costs associated with enforcement of this article through all remedies or procedures provided by statute, ordinance, or law. This article does not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this article or limit the City or State's ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of this chapter.

• (Ord. 560 § 3, 2019)

This article does not apply where prohibited or preempted by State or Federal law. (Ord. 560 § 3, 2019)