Victorville Municipal Code Ch. 13.100 Social Host Accountability

This chapter shall be known and may be cited as the "Social Host Accountability Ordinance."

(Ord. No. 2280, § 3, 10-4-11)

The purpose of this chapter is to deter the consumption of alcohol or alcoholic beverage(s) by minors. This chapter is intended to enhance the general peace, safety, and welfare of the residents of the city of Victorville. This chapter is further intended to promote the reduction of underage drinking by imposing an administrative fine on persons responsible for gatherings where such alcohol or alcoholic beverage(s) are consumed by minor(s). The chapter is further intended to facilitate the enforcement of laws prohibiting the consumption of alcohol or alcoholic beverage(s) by minors.

(Ord. No. 2280, § 3, 10-4-11)

a. Unless otherwise defined, the definitions in Section 1.05.040 and Chapter 3.32 of this code shall apply to this chapter. In addition, as used in this chapter, the following terms shall have the following meanings:

1. "Alcohol" means and includes ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

2. "Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, 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.

3. "Gathering" shall mean an assembly of two or more persons for any purpose, unless all of the individuals attending the gathering are members of the same household or immediate family.

4. "Minor" means any person less than twenty-one years of age.

5. "Person responsible or responsible person" shall mean a person(s) with a right of possession or control of the property or premises on which a minor consumes alcohol or alcoholic beverage(s), including, but not limited to, an owner or tenant of the property if the gathering is on private property, or a permittee, if the gathering is a permitted gathering on public property, or any person(s) accepting responsibility for such a gathering. Person responsible or responsible person shall additionally include the person or persons who has or have authorized the use of the property/premises for the gathering; and/or the person or persons who has or have organized the gathering or who were or are responsible therefor. Responsible person shall not include any governmental entity.

(Ord. No. 2280, § 3, 10-4-11)

Except as otherwise permitted by law, particularly Article 1 Section 4 of the California Constitution, it is unlawful and a violation of this chapter for any responsible person to suffer, permit, allow, or host a gathering where a minor consumes alcohol or alcoholic beverage(s) on public or private property, place or premises under his or her control. Any and all responsible persons shall be jointly and severally liable for any violation of this chapter. If the person responsible is a minor, the parents or guardians of that minor shall be jointly and severally liable for any violation of this chapter.

(Ord. No. 2280, § 3, 10-4-11)

a. This chapter shall not apply to any of the following:

1. Conduct involving the service or consumption of alcohol or alcoholic beverages, which occurs exclusively between a minor and his or her parent or legal guardian.

2. Consumption of alcohol or alcoholic beverage(s) during the course of a recognized religious ceremony.

3. Any location or place regulated by the California Department of Alcohol and Beverage Control.

(Ord. No. 2280, § 3, 10-4-11)

Notwithstanding the language in Section 1.05.060, the city is not required to issue a first warning to the responsible person upon response to a gathering where minors are consuming alcohol or alcoholic beverage(s).

(Ord. No. 2280, § 3, 10-4-11)

a. Administrative citation. As provided for in this chapter, and after the enforcement officer determines a violation of this chapter has occurred or exists, the enforcement officer has the authority to issue an administrative citation to any responsible person, pursuant to Chapter 1.05 of this code.

b. Administrative citation procedures. All procedures, including appeal procedures, set forth in Sections 1.05.060 through and including 1.05.100 of Chapter 1.05 of this code shall be applicable to administrative citations issued for violations of this chapter. However, in the event of any conflict between the provisions of this chapter and Chapter 1.05, the provisions of this chapter shall govern.

c. Fines applicable to responsible person. The administrative citation fines shall be as follows for the responsible person:

i. A fine in the amount of five hundred dollars for a first violation;

ii. A fine in the amount of seven hundred fifty dollars for a second violation within six months of the first violation;

iii. A fine in the amount of one thousand five hundred dollars for a third violation within six months of the first violation; and

iv. A fine in the amount of three thousand dollars for a fourth and any subsequent violations within six months of the first violation.

d. Assessment of penalties. Administrative fine penalties shall be assessed in the manner provided in Section 1.05.110 of this code.

(Ord. No. 2280, § 3, 10-4-11; Ord. No. 2303, § 1, 12-3-2013)

The remedies provided under this chapter are cumulative and shall not restrict the city's ability to pursue 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, nor shall anything in this chapter be deemed to conflict with any penalty or provision under state law, or prohibit any conduct authorized by the state or federal constitutions.

(Ord. No. 2280, § 3, 10-4-11)