Yuba City Municipal Code Ch. 21 Social Host Regulations for Underage Drinking

The purpose and intent of this chapter are:

(a) To facilitate the enforcement of laws prohibiting the service and consumption of alcoholic beverages by minors as well as to deter the service and consumption of alcoholic beverages by minors, and to promote the reduction of underage drinking;

(b) To establish a duty of persons having control over any premises, who knowingly host, permit or allow a gathering at the premises, to take reasonable steps to prevent the service and consumption of alcoholic beverages by minors;

(c) To protect public health, safety, general welfare and quiet enjoyment of property and properties neighboring the location of gatherings at which minors are served and consume alcoholic beverages; and

(d) To impose civil liability for the recovery of emergency response costs to such gatherings.

(Ord. No. 003-15, § 1, 5-19-2015)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

Alcoholic beverage includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, and which contains 0.5% or more of alcohol by volume and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances.

Emergency response costs means the costs associated with responses by City law enforcement and fire personnel to gatherings, including, but not limited to:

(1) The salaries and benefits of law enforcement and fire personnel for the amount of time responding to or remaining at gatherings, and the administrative costs attributable to such responses;

(2) The cost of any medical treatment to, or for, any law enforcement and fire personnel responding to, remaining at, or leaving the scene of a gathering; and

(3) The cost of repairing any City equipment or property damaged, and the cost of the use of any such equipment or property damaged, responding to, remaining at, or leaving the scene of a gathering.

Gathering is a party, gathering or event where a group of two or more persons have assembled or are assembling for a social occasion or social activity.

Legal Guardian means:

(1) A person who, by court order, is the guardian of the person of an underage person; or

(2) A public or private agency with whom an underage person has been placed by a court of competent jurisdiction.

Minor means any person under 21 years of age.

Parent means a person who is a natural parent, adoptive parent, foster parent or stepparent of another person.

Premises means any residence or other private property, place or premises, including any commercial, business or industrial premises.

(Ord. No. 003-15, § 1, 5-19-2015)

It is unlawful for any person having control of any premises to knowingly host, permit or allow a gathering to take place at the premises where one or more minors consumes an alcoholic beverage, whenever such person having control of the premises either:

(1) Intentionally serves or causes to be served an alcoholic beverage to a minor for consumption; or

(2) Knows or reasonably should have known a minor has consumed an alcoholic beverage and thereafter fails to immediately take appropriate action to prevent further consumption of alcoholic beverages by any minor.

(Ord. No. 003-15, § 1, 5-19-2015)

This chapter shall not apply to:

(a) Any California Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control; or

(b) A parent or legal guardian who provides an alcoholic beverage at a family gathering to a minor under the parent or legal guardian's care, or to any person who provides an alcoholic beverage to a minor as part of a legally protected religious activity.

(Ord. No. 003-15, § 1, 5-19-2015)

Any person who violates Section 5-21.030 of this chapter is guilty of an infraction and shall be punished by a fine of not less than $500, and said person is guilty of a misdemeanor for each subsequent violation and shall be punished by a fine of not less than $1,000 and/or six months in jail. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of Section 5-21.030 of this chapter.

(Ord. No. 003-15, § 1, 5-19-2015)

Any person convicted of a second or subsequent violation of Section 5-21.030 of this chapter shall be civilly liable for all emergency response costs incurred by the City arising out of the second or subsequent response to the gathering.

(Ord. No. 003-15, § 1, 5-19-2015)

The actual cost of emergency response costs described in Section 5-21.060 of this chapter shall be deemed a debt owed to the City recoverable in a civil action, and shall be recoverable in a civil action, including reasonable attorneys' fees and costs.

(Ord. No. 003-15, § 1, 5-19-2015)

The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances.

(Ord. No. 003-15, § 1, 5-19-2015)