Solvang Municipal Code Ch. 6 Social Host Liability

The title of this chapter shall be "Solvang Social Host Liability Ordinance."

(Ord. 10-288, 2010)

The following words and phrases, whenever used in this chapter, shall have the meaning and be construed as defined in this section:

Alcoholic Beverage or Alcohol.

The meaning given to that term under state law.

Control.

The actual or apparent authority and ability to regulate, direct or dominate private premises, including, but not limited to, the control exercised by tenants, lessees, and owners who have notice of underage drinking on their property.

Knowingly.

Aware of, or having reason to be aware of party, gathering or event.

Minor.

Any person under the age of 21 years.

Party, Gathering, or Event.

A group of five or more persons who have assembled or are assembling for a social occasion or a social activity, at least one of whom is a minor and not a blood relative.

Person.

Any person(s) who owns, rents or otherwise controls premises that knowingly hosts, permits, promotes, organizes, or allows a gathering at which they allow the possession or consumption of alcoholic beverages by any minor on such premises or fails to take reasonable corrective action upon learning of the possession or consumption of alcoholic beverages by any minor on such premises.

Private Premises.

Any home, yard, open areas adjacent thereto, and accessory structures; apartment, condominium; hotel or motel room; or a hall or meeting room, or any other dwelling unit whether occupied on a temporary or permanent basis, whether occupied as a dwelling, for a party, or for other social function, and whether owned, leased, rented, or used with or without compensation.

(Ord. 10-288, 2010)

A. Unlawful Gatherings. No person(s) shall permit, allow, or host a party, gathering, or event at his or her place of residence or on other private premises under the person's control where alcoholic beverages are in the possession of, or consumed by, any minor or fail to take reasonable corrective action upon learning of the possession or consumption of alcoholic beverages by a minor on such premises. Reasonable corrective action shall include, but is not limited to:

1. Verifying the age of the persons attending the social gathering by inspecting driver's licenses or other government-issued identification cards;

2. Making a prompt demand that such minor either forfeit the alcoholic beverages and refrain from the consumption of such or depart from the premises;

3. If such minor does not comply with such request, either promptly reporting such underage consumption of alcohol to the local law enforcement agency or to any other person having a greater degree of authority over the conduct of such minor.

B. Public Nuisance. It is hereby declared to be a public nuisance for any person to permit, allow, or host a party, gathering, or event at his or her place of residence (or other private premises under his or her ownership or control) where alcoholic beverages are in the possession of, or are being consumed by, any minor.

C. Exceptions. Nothing in this chapter should be interpreted to prohibit the consumption or possession of alcohol by an underage person for legally protected religious practices or legally protected family gatherings involving the use of alcohol beverages which occur exclusively between a minor and his or her parent or legal guardian, pursuant to article 1, chapter 4 of the California Constitution.

(Ord. 10-288, 2010)

A. Violation. Any person(s) who knowingly permits, allows, or hosts a party, gathering, or event at their place of residence (or other private property under that person’s control) where alcoholic beverages are in the possession of, or are being consumed by, any minor on such premises, or fails to take reasonable corrective actions upon learning of the possession or consumption of alcoholic beverages by any minor on such premises shall be in violation of this chapter.

B. Administrative Penalty. Any person in violation of this chapter shall be liable and responsible for, and shall pay to the city, administrative penalties specified by resolution of city council, set by resolution of city council, not to exceed the limits set forth in Government Code sections 53069.4 and 36900.

(Ord. 10-288, 2010; Ord. 23-0373, § 24)

A. Any person who violates section 6-6-4(A) of this chapter shall be subject to the administrative penalties provided for in section 6-6-4(B) of this chapter and shall also be subject to the administrative appeal procedures set forth below.

B. Any person upon whom an administrative penalty is imposed pursuant to section 6-6-4(B) of this chapter may appeal such administrative penalty pursuant to the procedures set forth in this section. The appellant must file a written appeal with the city within 10 working days of service of the violation notice or any other date of mailing of a notice of determination of the administrative penalty. The written appeal shall contain:

1. A brief statement setting forth the interest the appealing party has in the matter relating to the imposition of the administrative penalty;

2. A brief statement of the material facts which the appellant claims supports his or her contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted.

C. An appeal of an administrative penalty imposed for violations of section 6-6-4(A) of this chapter shall be heard by a person appointed by the city to act as the hearing examiner. The administrative penalty appeal hearing shall be set no sooner than 20 days and no later than 45 days following a request for an appeal hearing. Notice of the appeal hearing shall be mailed at least 12 calendar days before the date set for the hearing. Failure to appear timely will cause the administrative penalty to become a final order or decision.

D. In reviewing the penalty, the hearing examiner shall consider all facts relating to the issuance of the citation and the reasons therefor and shall uphold the penalty imposed, eliminate the penalty, or modify it. The decision of the hearing examiner shall constitute the final administrative order or decision of the local agency within the meaning of Government Code section 53069.4(b)(1).

E. The hearing examiner shall serve a copy of his or her written decision on the appellant by first class mail to the address provided by appellant in the written notice of appeal. The hearing examiner's decision shall be deemed served within two days after the date it was mailed to the address provided by the appellant.

F. The costs of the administrative hearing may be assessed to the responsible person in addition to any other fines and penalties in the event that the citation is upheld.

(Ord. 10-288, 2010; Ord. 23-0373, §§ 25—27)

When an administrative penalty becomes a final order under section 6-6-5 of this chapter or Government Code section 53069.4, the city may proceed to collect the penalty as set forth in title 6, chapter 5 of this code.

(Ord. 10-288, 2010; Ord. 23-0373, § 28)

Any person aggrieved by a final administrative order or decision imposing an administrative penalty may seek review with the superior court in Santa Barbara County pursuant to Government Code section 53069.4.

(Ord. 10-288, 2010; Ord. 23-0373, § 29)

The remedy provided under this chapter is cumulative, and shall not restrict the city to any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty under state law or this code or civil penalty. Nor shall anything in this chapter be deemed to conflict with any penalty or provision under state law, or to prohibit any conduct authorized by the state or federal constitution.

(Ord. 10-288, 2010; Ord. 23-0373, § 30)