Tulare Municipal Code Ch. 6.70 Social Host Liability

(A) Underage persons consuming alcoholic beverages at gatherings held at private residences or at rented residential and commercial premises is harmful to the underage persons themselves and a threat to the peace, health, safety, quiet enjoyment of residential property and the general welfare of the public. Underage persons, who have been consuming alcoholic beverages, are at greater risk to be in automobile accidents and otherwise harm themselves and/or others, to commit suicide, to be assaulted or assault others, and girls are at greater risk of sexual assaults.

(B) Persons responsible for the occurrence of these types of gatherings on private property over which they have possession or control have failed to ensure that alcoholic beverages are neither served to nor consumed by underage persons at these parties.

(C) Problems associated with gatherings involving underage persons drinking alcohol are difficult to prevent and deter. Police need an arsenal of tools to deal with the issue of underage drinking and its attendant problems. If persons are held civilly responsible by having to pay a significant fine for hosting a party where there is underage drinking, they will be more likely to properly supervise or stop such conduct at events held on property under their possession or control.

(D) In the past and present, law enforcement, fire and other emergency response services personnel have and are required to respond, sometimes on multiple occasions, to these types of gatherings. The repeated return of police officers to the location of an event constitutes a drain of emergency personnel and resources, often leaving other areas of the city without police protection or with unreasonably limited protection. Responses to such gatherings also result in a disproportionate expenditure of public safety resources of the city, which are underwritten by general municipal taxes paid to the city by its taxpayers and residents.

(E) The service of alcohol to underage persons at loud and unruly gatherings and the consumption of alcohol by underage persons at loud or unruly gatherings has in the past and continues to pose a threat to the health and safety of all persons who reside in the city, is a drain on the city’s public safety resources and also causes significant disruption of city residents’ quiet enjoyment of their households, especially in the city’s residential neighborhoods. It is therefore the policy of the City Council that in responding to loud or unruly gatherings, the city Police Department shall strictly enforce any and all applicable local and state laws pertaining to the service of alcohol to underage persons, and the consumption of alcohol by underage persons, and with respect to underage persons in possession of alcohol, the Police Department shall establish a “no tolerance” protocol by which the Police Department contacts, or causes the underage person’s school to contact, the underage person’s parents or legal guardians whenever the underage person is found to be in possession of alcohol or narcotics or found to be intoxicated at a loud or unruly gathering. Where the underage person’s school has an internal student disciplinary office any such incident shall likewise be reported to that office.

(Ord. 12-06, passed 5-15-2012)

This chapter is adopted under the municipal affairs provisions of the City Charter for the purpose of establishing standards and controls to enforce laws prohibiting the service to and consumption of alcoholic beverages by underage persons; to protect public health, safety, general welfare and quiet enjoyment of residential property and properties neighboring one of these gatherings; to discourage and deter persons from hosting or improperly supervising a party where there is underage drinking; and to establish standards and controls of parties, gatherings or assemblages involving underage persons consuming alcoholic beverages on private property when such gatherings are determined to be a threat to the public peace, health, safety or general welfare, or require initial police response and return calls to the location to disperse uncooperative participants.

(Ord. 12-06, passed 5-15-2012)

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

ALCOHOLIC BEVERAGE. Alcohol, spirits, liquor, wine, beer, and every 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 or other consumption either alone or when diluted, mixed, or combined with other substances.

EMERGENCY RESPONSE COSTS. The cost to the city to provide law enforcement, fire, or other emergency response provider personnel to respond to an unruly gathering and any equipment used or damaged in connection with the response.

JUVENILE. Any person under 18 years of age.

PRIVATE PROPERTY. Shall mean, but is not limited to, a home, yard, 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, during party or other social function, and whether owned, leased, rented, or used with or without compensation.

RESPONSIBLE PERSON. A person or persons with a right of possession of the residence or other private property at which an unruly gathering is conducted. A RESPONSIBLE PERSON need not be present at such gathering and prior knowledge of the unruly gathering is not a prerequisite to a finding that any specific individual is a RESPONSIBLE PERSON as defined by this section. This chapter therefore imposes vicarious as well as direct liability upon RESPONSIBLE PERSONS. A RESPONSIBLE PERSON includes, but is not limited to:

(1) Owner(s) and/or lessee(s) of the property where an unruly gathering is taking place, including the record owner of the title to property, wherever that person or entity may currently reside;

(2) Person(s) hosting an unruly gathering;

(3) Person(s) receiving money or other consideration for granting access to an unruly gathering;

(4) Parent(s) or legal guardian(s) of a juvenile who is also a RESPONSIBLE PERSON;

(5) Tenant of the residence or other private property; and

(6) Person(s) in charge of the private property.

UNDERAGE PERSON. Any person under 21 years of age.

UNRULY GATHERING. A party, event or gathering where four or more underage persons are present at a private property in which alcoholic beverages are being consumed or possessed by any underage person and upon which unruly conduct occurs. Illustrative of such unruly conduct is excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages, assaults, batteries, fights, or other disturbances of peace, vandalism, litter, and any other conduct which constitute a threat to peace, public health, safety, quiet enjoyment of residential property or general welfare.

(Ord. 12-06, passed 5-15-2012)

(A) Any unruly gathering shall constitute a public nuisance and an immediate threat to public health and safety.

(B) As a public nuisance, the unruly gathering may be summarily abated by police by all reasonable means, singularly or in combination, including, but not limited to:

(1) An order requiring the gathering to be disbanded;

(2) An assessment of a civil penalty under this chapter; and

(3) The issuance of a criminal citation or the arrest of any law violators under any applicable ordinances or statutes.

(Ord. 12-06, passed 5-15-2012)

(A) Any and all responsible persons of an unruly gathering shall be subject to civil penalty under the provisions of Chapter 6.60 of this code.

(B) The City Council, by resolution, shall establish civil penalties for:

(1) A first violation;

(2) A second violation occurring at the same private property within one year of the first cited violation; and

(3) A third and any further violation occurring at the same private property within one year of the first cited violation.

(C) If the owner of the private property where an unruly gathering has occurred has leased the property to another person, such owner shall not be considered a responsible person until that owner receives notice of at least one previous unruly gathering on his or her property in the prior 12 months. Notice shall be by a copy of the administrative citation transmitted via certified mail to the owner of the private property as recorded by the last equalized assessment roll of the Tulare County Assessor.

(D) In the event that an unruly gathering is hosted by a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for any civil penalty assessed on the juvenile under this section.

(E) The fine schedule prescribed at division (B) of this section is a “rolling schedule” meaning that in calculating the fine payable the Police Department or City Attorney shall count backward starting from the date of the most recent loud or unruly gathering to determine how many prior loud or unruly gatherings have taken place at the premises in question during the statutory 12-month period. A warning given pursuant to § 6.80.040 shall remain in effect for the premises at a given address until a full 12-month period has elapsed during which there have been no loud or unruly gatherings at those premises.

(Ord. 12-06, passed 5-15-2012)

(A) When a law enforcement, fire, or other emergency response provider makes an initial response to an unruly gathering at a private property, the official shall, in writing, warn any responsible person(s) for the gathering at the scene that:

(1) The official has determined that an unruly gathering exists; and

(2) If emergency response providers make any further emergency responses to the same location for an unruly gathering within one year of the initial response, the responsible person(s) will be charged for the costs of providing those emergency responses.

(B) When a law enforcement, fire, or other emergency response provider responds to any unruly gathering at a private property within one year after the warning in division (A) of this section has been given, any and all responsible persons shall be jointly and severally liable for the city’s costs of providing those emergency responses. If the responsible person is a juvenile, then the juvenile’s parents or guardians shall be liable for the emergency response cost. This liability is in addition to any civil penalty authorized under this chapter.

(C) The emergency response costs incurred under this section shall be deemed a debt owed to the city and are due 30 days after receipt of the bill. A bill will be deemed received five days after the date posted on the bill which is mailed by placing first class postage on the envelope and mailing it to the address provided by the responsible party to the law enforcement, fire or other emergency response provider or to the address where the unruly gathering took place. Any responsible person owing such debt shall be liable in a civil action brought in the name of the city for recovery of such debt, including reasonable attorney’s fees and costs. The bill shall contain the following information:

(1) The name(s) of the person(s) being held liable for the payment of such costs;

(2) The address of the private property where the unruly gathering occurred;

(3) The date and time of the emergency response;

(4) The names of law enforcement, fire or emergency service providers who responded;

(5) The date(s) and time(s) of any previous warning given pursuant to division (A) of this section and/or previous responses to unruly gatherings at the private property in question within the previous one year; and

(6) An itemized list of the emergency response costs for which the person(s) is being held liable.

(Ord. 12-06, passed 5-15-2012)

This chapter shall not apply to activities protected by Article I, § 4 of the California Constitution or the 1st or 14th Amendments of the United States Constitution.

(Ord. 12-06, passed 5-15-2012)

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstance shall be held invalid, the invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are declared to be severable.

(Ord. 12-06, passed 5-15-2012)