Chapter 9.02
SOCIAL HOST ACCOUNTABILITY
Sections:
9.02.060 Imposition of response costs for public safety responses.
9.02.070 Administrative penalties.
9.02.090 Civil fine and response costs – Debt to city – Enforcement.
9.02.100 Severability and preemption.
9.02.110 Enforcement authority.
9.02.010 Title.
This chapter shall be known and may be cited as the “social host accountability ordinance.” (Ord. 07-19 § 3).
9.02.020 Purpose.
The purposes of this chapter are:
A. To protect the public health, safety and general welfare;
B. To promote the reduction of underage drinking by imposing a civil fine on persons responsible for loud or unruly gatherings where alcohol is consumed by, served to or in the possession of minors;
C. To facilitate the enforcement of laws prohibiting the service to, consumption of, or possession of alcoholic beverages by minors; and
D. To offset the municipal costs associated with providing fire, police, and other emergency services to loud or unruly gatherings by imposing a civil fee upon social hosts and/or landowners who conduct or allow such loud or unruly gatherings to occur on their premises, at their residences, or at rented facilities where alcoholic beverages are served to, consumed by, or in the possession of minors. (Ord. 07-19 § 3).
9.02.030 Definitions.
For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used are defined as follows:
“Alcohol” means and includes ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
“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.
“Hearing officer” means the city manager or his or her designee.
“Juvenile” means any person less than 18 years of age.
“Loud or unruly gathering” means a party or gathering of two or more persons at a residence or on other private property or public property upon which loud or unruly conduct occurs. Such loud or unruly conduct constitutes a public nuisance and includes but is not limited to:
1. Excessive noise as defined by BMC 8.20.200;
2. Excessive traffic that is significantly in excess of the normal amount of pedestrian and vehicle traffic for the zoning district;
3. Obstruction of public streets and/or the presence of unruly crowds that have spilled into public streets;
4. Public drunkenness or unlawful consumption of alcohol or alcoholic beverages;
5. Service to or consumption of alcohol or alcoholic beverages by any minor, except as permitted by state law;
6. Assaults, batteries, fights, domestic violence or other disturbances of the peace;
7. Vandalism;
8. Litter; or
9. Any other conduct which constitutes a threat to the public health, safety, quiet enjoyment of residential property or the general welfare or violates Chapter 8.20 BMC, Noise Regulations.
“Minor” means any person less than 21 years of age.
“Person responsible for the event” means and includes but is not limited to:
1. The person who owns, rents, leases or otherwise has control of the premises where the gathering occurs; and
2. The person who organizes or supervises or conducts the event or any other person(s) accepting responsibility for such a gathering.
A responsible person for the loud or unruly gathering need not be present at such gathering resulting in the response giving rise to the imposition of civil penalties and/or response costs. If the person responsible for the event is a juvenile, then the juvenile and the parents or guardians of the juvenile may be jointly and severally liable for the civil penalties or response costs pursuant to this chapter and/or for any administrative penalties set forth in BMC 9.02.070.
“Public safety services” and/or “response costs” means the costs associated with response, such as responses by law enforcement, fire and other emergency response providers to loud or unruly gatherings, including but not limited to:
1. The portion of the costs of salaries and benefits of law enforcement, fire and other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the loud or unruly gatherings, and the administrative costs attributable to such response(s);
2. The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of a loud or unruly gathering;
3. The cost of the use of any city equipment or property, and the cost of repairing any city equipment or property damaged in responding to, remaining at or leaving the scene of a loud or unruly gathering; and
4. Any other costs recoverable in compliance with California Civil Code Section 1714.9. (Ord. 07-19 § 3).
9.02.040 Prohibition of loud or unruly gatherings when alcohol is served to, consumed by or in the possession of minors.
Except as permitted in Article 1, Section 4, of the California Constitution, no person shall suffer, permit or host a gathering at his or her place of residence or other private property, place or premises or host a gathering at a public place under his or her control where two or more minors are present, where the gathering is loud or unruly and alcoholic beverages are in the possession of, being consumed by, or served to any minor. In addition to any fine or penalty that may be imposed by law, any violation of the provisions of this chapter shall be subject to a civil fine or penalty as provided here. (Ord. 07-19 § 3).
9.02.050 Civil fines.
The chief of police (or his or her designee), at his or her discretion, may immediately issue a citation for this civil violation upon evidence of the violation. There is no requirement of a first warning in order for the chief of police to issue this civil citation.
A first violation of this section shall result in a citation with a $750.00 fine. A second violation shall result in a citation with a $1,500 fine. A third or subsequent violation shall result in a citation with a $2,500 fine.
The chief of police (or his or her designee) shall give notice of a violation of this section by issuing a citation to any and all responsible persons identified by the chief of police within 30 days of the violation. The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing.
The civil fine prescribed above is in addition to any response costs for public safety responses that may be assessed pursuant to BMC 9.02.060. (Ord. 07-19 § 3).
9.02.060 Imposition of response costs for public safety responses.
In addition to any civil fine imposed for violation of this section, when any loud or unruly gathering where alcohol is served to, consumed by or in the possession of minors occurs on public or private property and a public safety officer determines that conditions described in BMC 9.02.040 exist, the public safety officer shall notify the responsible party or parties of his/her/their liability for the cost of providing public safety services (i.e., fire, ambulance, police and other emergency providers). The response costs for public safety responses shall be separate and distinct from a citation and fine for a civil violation described in BMC 9.02.050. (Ord. 07-19 § 3).
9.02.070 Administrative penalties.
Taking into consideration the age and/or financial ability of the responsible person(s) to pay, the hearing office may impose, in addition to or in lieu of civil fines and/or response costs in BMC 9.02.050 and 9.02.060:
A. Community service work on behalf of the city; and/or
B. Training, counseling, or classes that are relevant to the purpose of this chapter as set forth in BMC 9.02.020;
C. Failure to complete the administrative penalties as directed will result in that penalty or penalties being converted to civil fines and/or response costs as set forth herein without further right to appeal. (Ord. 07-19 § 3).
9.02.080 Hearings on the imposition of civil fine, response costs and/or administrative penalties – Appeals.
Any person subject to a civil fine pursuant to BMC 9.02.050, response costs pursuant to BMC 9.02.060, or administrative penalties pursuant to BMC 9.02.070 shall have the right to request an administrative hearing. The request for the hearing shall be filed in accordance with the time frames set forth in Chapter 1.44 BMC for appeals. The hearing shall be conducted in accordance with the provisions of Chapter 1.44 BMC. (Ord. 07-19 § 3).
9.02.090 Civil fine and response costs – Debt to city – Enforcement.
The amount of a civil fine and/or response costs shall be deemed a debt owed to the city by the person(s) found in violation of BMC 9.02.040 and therefore liable for a fine under BMC 9.02.050 and fees under BMC 9.02.060, and, if that person is a juvenile, then also his/her parents or guardians. Any person owing such fine and/or fees shall be liable in an action brought in the name of the city for recovery of such fine and/or fees. These recovery costs may include reasonable attorneys’ fees incurred in the action if the city prevails, as the city reserves the right to seek to recover reasonable attorneys’ fees, on a case-by-case basis, pursuant to California Government Code Section 25845, subdivision (c). In those cases in which the city seeks to recover reasonable attorneys’ fees, the other party may likewise do so. Civil fines recovered by the city pursuant to this chapter shall be placed in the budget of the Benicia police department to be used for the purpose of reducing minor access to alcohol. (Ord. 07-19 § 3).
9.02.100 Severability and preemption.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provision or application, and to this end the provisions of this section are severable.
The civil fines and fees imposed by this chapter do not preclude other potential civil actions or criminal prosecution under any other provision of law, including but not limited to Penal Code Sections 272 and 415 and Business and Profession Code Sections 25658, 25658.2 and 25662.
This chapter shall not be interpreted in any manner that conflicts with the laws or constitutions of the United States or the State of California. (Ord. 07-19 § 3).
9.02.110 Enforcement authority.
A loud or unruly gathering at a residence or other private property at which service to or consumption of alcohol or alcoholic beverages by minors occurs constitutes a public nuisance and an immediate threat to public health and safety and shall be summarily abated by the chief of police by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and/or a citation under this chapter as well as a citation and/or arrest under any other applicable ordinances or state statues. (Ord. 07-19 § 3).
9.02.120 Cumulative remedies.
Nothing in this chapter shall be construed as a waiver by the city of Benicia of any right to seek reimbursement for actual response costs through other legal remedies or procedures. (Ord. 07-19 § 3).