CHAPTER 2
ALCOHOLIC BEVERAGES
Sections:
§ 4200 Alcoholic Beverage Defined.
§ 4200.5 Drinking Upon Public Streets.
§ 4204 Alcoholic Beverage on School Grounds.
§ 4209 Possession or Consumption of Alcoholic Beverages in Public Parks.
§ 4210 Driving While Under the Influence – Collection of Expenses for Emergency Response.
§ 4211.4 Protected Activities.
§ 4211.6 Civil Liability for Enforcement Services.
§ 4211.7 Reimbursement for Cost of Enforcement Services.
§ 4211.8 Reservation of Legal Options.
§ 4211.9 Administrative Citation Procedures.
§ 4212 Limited Alcoholic Beverage Use on Public Property – Special Permit.
4200 Alcoholic Beverage Defined.
As used in this Chapter, “alcoholic beverage” means and includes alcohol, spirits, liquor, wine or beer, and every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half (1/2) of one (1) 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. (Ord. 2, § 4200; Ord. 91-952, § 1)
4200.5 Drinking Upon Public Streets.
No person shall drink any alcoholic beverage upon any public street, alleyway, sidewalk or parkway, or in any public buildings, public lavatories, auto park, or lobby or entrance way to any building within the City. (Ord. 91-952, § 2)
4201 Same.
It shall be unlawful for any intoxicated person, or any person in an intoxicated condition, willfully to appear, remain or be in or on any public highway, street, alley, way, park, playground or public place in the incorporated territory of the City of Carson, whether such person is or is not in or upon any automobile, street or interurban car, vehicle or conveyance. (Ord. 2, § 4201)
4202 Public View.
It shall be unlawful for any intoxicated person, or any person in an intoxicated condition, willfully to appear, remain or be in any place open to public view or in any store, railway depot, stadium, or other place to which the public is admitted or invited, or in or on any private premises or in any private house to the annoyance of any other person. (Ord. 2, § 4202)
4203 Set Ups.
No person shall serve “Set Ups” between 2:00 a.m. and 6:00 a.m., if they are to be used with distilled spirits. (Ord. 2, § 4203)
4204 Alcoholic Beverage on School Grounds.
No person shall consume any alcoholic beverage on the grounds of any public school or any stadium or athletic field while being used by a public school. (Ord. 2, § 4204)
4205 Drinking in Vehicle.
No person shall enter or remain in a vehicle while any other occupant is consuming any alcoholic beverage while such vehicle is on a public street, alleyway, or public highway. (Ord. 2, § 4205)
4206 Disorderly.
No person shall lie or sleep on any of the sidewalks, streets, or other public places within the City, or appear therein in such a state of intoxication or drunkenness as to be unable to take proper care of himself, or disturb the peace or quiet of any person, family or neighborhood, by drunkenness or by making loud or unusual noises, or by violent conduct, or by boisterous, tumultuous or offensive conduct, or by the threatening, traducing, quarreling, fighting or offering or challenging to fight, or in any other way or manner whatever shall disturb the peace, quiet and decency of any person, street or neighborhood. (Ord. 2, § 4206)
4207 Consuming Liquor.
It shall be unlawful for any person to go upon or remain upon any part of a public highway, while he is consuming any alcoholic beverage. (Ord. 2, § 4207)
4208 Same.
It shall be unlawful for any person to enter or remain in any vehicle while such vehicle is on any part of any public highway when such person or any other occupant of such vehicle is consuming any alcoholic beverage. (Ord. 2, § 4208)
4209 Possession or Consumption of Alcoholic Beverages in Public Parks.
No person shall possess or consume any alcoholic beverage in any public park, parking lot of any public park, or building of any public park. (Ord. 91-952, § 3)
4210 Driving While Under the Influence – Collection of Expenses for Emergency Response.
(a) No person shall operate a motor vehicle while under the influence of an alcoholic beverage and/or any drug. A person is considered to be under the influence of an alcoholic beverage and/or any drug when, as a result of drinking an alcoholic beverage and/or using a drug, his or her physical or mental abilities are impaired to a degree that he or she no longer has the ability to operate a motor vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.
(b) Any person whose operation of a motor vehicle in violation of subsection (a) of this Section 4210 proximately causes any incident to which law enforcement personnel and/or emergency service providers appropriately respond on behalf of the City, is liable for all costs incurred by the City in providing the law enforcement and/or emergency response.
(c) The Director of Public Safety shall calculate all such costs and shall advise the City Administrator. The person specified above in subsection (b) of this Section 4210 shall be billed by the City Administrator for the total cost, and payment shall be due and payable within fifteen (15) days of the billing date. If the amount due is not paid, the City may collect the debt, as well as any fees and costs incurred in its collection, pursuant to all applicable provisions of law. (Ord. 93-1006, § 3)
4211 Consumption or Use of Alcohol, Cannabis, Controlled Substances and Tobacco Products by Minors Prohibited – Purpose and Intent.
The City Council finds and determines that minors often obtain alcoholic beverages, cannabis, controlled substances, and tobacco products at parties held at private premises. The City Council further finds and determines that persons who will be held responsible for abetting or tolerating such conduct will be more likely to properly supervise or stop such parties on property under their control. (Ord. 13-1522, § 1; Ord. 19-1936, § 3)
4211.1 Definitions.
For purposes of CMC 4211 through 4211.9, the following terms shall have the following meanings:
(A) “Adult” shall mean a person who is twenty-one (21) years of age or older.
(B) “Cannabis” shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For purposes of CMC 4211 through 4211.9 only, “Cannabis” includes “cannabis products.”
(C) “Cannabis products” shall mean cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to concentrated cannabis (as defined in California Health and Safety Code Section 11006.5, as may be amended), or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
(D) “Control” shall mean any form of dominion including ownership, tenancy, or other possessory right.
(E) “Controlled substance(s)” shall mean the substances designated as controlled substances under Section 202 of the federal Controlled Substances Act and the schedules published in the regulations promulgated thereunder, 21 C.F.R. Section 1308.01 et seq., all as may be amended from time to time. Notwithstanding the foregoing, for purposes of CMC 4211 through 4211.9 only, “controlled substances” does not include “cannabis.”
(F) “Electronic cigarette” shall mean any electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. The term includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an e-cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. The term does not include any inhaler prescribed by a licensed doctor.
(G) “Enforcement services” shall mean the salaries and benefits of police officers or other code enforcement officers for the amount of time actually spent in responding to or in remaining at the residence or premises and the administrative costs attributable to the incident, the actual cost of any medical treatment to injured police officers or other code enforcement officers as a result of injuries suffered in responding to or in remaining at the residence or premises, the cost arising from the use of any City equipment in responding to or remaining at the residence or premises, and the cost of repairing any damaged City equipment or property used in responding to or in remaining at the residence or premises.
(H) “Industrial hemp” shall mean a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths (3/10) of one (1) percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
(I) “Minor” shall mean a person who is less than twenty-one (21) years of age.
(J) “Tobacco product” means any of the following: (1) a product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff; (2) an electronic cigarette; (3) any component, part, or accessory of a tobacco product, whether or not sold separately. “Tobacco product” does not include a nicotine replacement product approved by the United States Food and Drug Administration.
(K) “Residence” or “premises” shall mean a house, yard, apartment, condominium, or other dwelling unit, a hotel or motel room, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for living space or for a party, meeting, or other social function or gathering, and whether owned, leased, rented, or used with or without compensation. (Ord. 13-1522, § 1; Ord. 19-1936,§ 3)
4211.2 Consumption or Use of Alcohol, Cannabis, Controlled Substances and Tobacco Products by Minors Prohibited in Public Place, Place Open to Public, or Place Not Open to Public.
Except as otherwise permitted by State law, it shall be unlawful for any minor to:
(A) Consume or use at any public place or any place open to the public any alcoholic beverage, cannabis, controlled substance, or tobacco product;
(B) Consume or use at any place not open to the public any alcoholic beverage unless his or her parent or legal guardian in connection with the consumption of the alcoholic beverage is supervising that minor. (Ord. 13-1522, § 1; Ord. 19-1936, § 3)
4211.3 Hosting, Permitting, or Allowing a Party, Gathering, or Event Where Minors Consuming or Using Alcoholic Beverages, Cannabis, Controlled Substances or Tobacco Products Prohibited.
(A) Except as permitted by Article I, Section 4, of the California Constitution, it shall be unlawful for any person to knowingly host, permit, or allow a party, gathering, or event at his or her place of residence or other private property, place, or premises under his or her control where two (2) or more minors are present and alcoholic beverages, cannabis, controlled substances or tobacco products are being consumed or used by any minor.
(B) It is the duty of any person who knowingly hosts, permits or allows a party, gathering, or event at his or her place of residence or other private property, place, or premises under his or her control to take all reasonable steps to prevent the consumption or use of alcoholic beverages, cannabis, controlled substances and tobacco products by any minor at the party, gathering, or event. Reasonable steps are: (1) controlling access to alcoholic beverages, cannabis, and tobacco products at the party, gathering or event; (2) prohibiting controlled substances at the party, gathering or event (except pursuant to valid medical prescription as stated in
CMC 4211.4(D)); and (3) supervising the activities of minors at the party, gathering or event.
(C) For purposes of subsection (B) of this Section, a person “knowingly” hosts, permits, or allows a party, gathering, or event at his or her place of residence or other private property, place, or premises under his or her control where two (2) or more minors are present and alcoholic beverages, cannabis, controlled substances or tobacco products are being used or consumed by any minor, whenever the person either knows that such conduct is occurring or reasonably should have known that such conduct was occurring had the person taken all reasonable steps set forth in subsection (B) of this Section.
(D) This Section shall not apply to conduct involving the use of alcoholic beverages which occurs exclusively between a minor child and his or her parent or legal guardian.
(E) This Section shall not apply to any location or place that is regulated by the California Department of Alcohol and Beverage Control. (Ord. 13-1522, § 1; Ord. 19-1936, § 3)
4211.4 Protected Activities.
The provisions of CMC 4211.2 and 4211.3 shall not apply to any of the following:
(A) Legally protected religious ceremonies;
(B) The consumption or use of cannabis for medicinal purposes by a minor holding a physician’s recommendation in compliance with State law, including the Compassionate Use Act of 1996 (Health and Safety Code Section 11362.5), the Medical Marijuana Program Act (Health and Safety Code Sections 11362.7 et seq.), and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code Sections 26000 et seq.);
(C) The consumption or use of industrial hemp, including cannabidiol (CBD) oil derived therefrom;
(D) The consumption or use of a controlled substance by a minor as prescribed to the minor by a licensed medical practitioner authorized to issue the prescription. (Ord. 13-1522, § 1; Ord. 19-1936, § 3)
4211.5 Fines.
The Los Angeles County Sheriff’s Department or duly authorized code enforcement officer is authorized to issue an administrative citation for a violation of CMC 4211.2 or a violation of CMC 4211.3. Any person who violates said Sections is subject to citation and punishment in accordance with CMC 1203.3. Fines for violations of CMC 4211.2 or 4211.3 are as follows:
(i) A fine not exceeding $250.00 for a first violation;
(ii) A fine not exceeding $500.00 for a second violation of the same ordinance or permit within one (1) year from the date of the first violation;
(iii) A fine not exceeding $1,000 for each additional violation of the same ordinance or permit within one (1) year from the date of the first violation. (Ord. 13-1522, § 1; Ord. 19-1936, § 3)
4211.6 Civil Liability for Enforcement Services.
When a party, gathering, or event prohibited by CMC 4211.3 occurs and Los Angeles County Sheriff’s Department or duly authorized code enforcement officers are called to the scene, the person(s) having control of the residence or premises shall be liable for the cost of providing enforcement services. If the person having control is a minor and if a parent or legal guardian is served with a copy of the civil citation issued to the minor, the parent or legal guardian of that minor shall be liable for the costs incurred for said enforcement services up to the limits allowed by State law. (Ord. 13-1522, § 1; Ord. 19-1936, § 3)
4211.7 Reimbursement for Cost of Enforcement Services.
The actual cost of enforcement services described in CMC 4211.6 shall be deemed a debt owed to the City recoverable in a civil action and shall be recoverable in a civil action, including reasonable attorney fees and costs. (Ord. 13-1522, § 1; Ord. 19-1936, § 3)
4211.8 Reservation of Legal Options.
The City of Carson does not waive its right to seek reimbursement for actual costs of enforcement services through other legal remedies or procedures. The procedure provided for in CMC 4211.9 is in addition to any other statute, ordinance, or law, civil or criminal. This subsection in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by CMC 4211.2 or 4211.3. (Ord. 13-1522, § 1; Ord. 19-1936, § 3)
4211.9 Administrative Citation Procedures.
(A) All citations issued pursuant to this Chapter shall be subject to the administrative citation procedures set forth in Chapter 2.5 of Article I. (Ord. 13-1522, § 1; Ord. 19-1936, § 3)
4212 Limited Alcoholic Beverage Use on Public Property – Special Permit.
Notwithstanding the other prohibitions of this chapter, the Council may grant special permits for the sale or consumption of wine or beer at special functions or activities in public parks in the City of Carson and only at City of Carson functions or activities. Any such permit with the sale of beer or wine shall be given to City-authorized vendors and such vendors shall be subject to the license requirements of the Alcoholic Beverage Control Act of the State. (Ord. 15-1552, § 2)