Chapter 9.58
HOST OBLIGATIONS TO PROTECT MINORS FROM ALCOHOLIC BEVERAGES AT GATHERINGS
Sections:
9.58.040 Collection of enforcement costs.
9.58.010 Definitions.
As used in this chapter, the following words and phrases have the meanings set forth in this section:
A. “Alcohol” shall have the same meaning as in California Business and Professions Code Section 23003, as it may be amended from time to time, or any successor section.
B. “Alcoholic beverage” shall have the same meaning as in California Business and Professions Code Section 23004, as it may be amended from time to time, or any successor section.
C. “Controlled substance” shall mean any controlled substance listed in the California Uniform Controlled Substances Act (California Health and Safety Code Section 11000 et seq.) or the federal Controlled Substances Act (21 U.S.C. 801 et seq.), as they may be amended from time to time.
D. “Gathering” means a group of two or more persons who have assembled or are assembling for a social occasion or social activity at a residence or on other public or private property.
E. “Guardian” means: (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.
F. “Harmful substances” shall include all of the following, as defined in this chapter: alcohol, alcoholic beverage, controlled substance, inhalant, marijuana and tobacco products.
G. “Inhalant” includes but is not limited to any aerosol or aerosol spray, any volatile solvent including but not limited to toluene or any substance or material containing toluene, any gas including but not limited to nitrous oxide or any substance containing nitrous oxide, nitrites (commonly known as “poppers,” “snappers,” or “whippets”), and any other chemical substance or chemical compound that is inhaled for the purpose of becoming intoxicated.
H. “Marijuana” shall have the same meaning as in California Health and Safety Code Section 11018 or United States Code, Title 21, Section 802, as they may be amended from time to time, or any successor sections.
I. “Minor” means any person under 21 years of age for purposes of alcohol, alcoholic beverages, controlled substances, inhalants and marijuana, and under the age of 18 years of age for purposes of tobacco products.
J. “Parent” means a person who is a natural parent, adoptive parent, or stepparent of another person.
K. “Premises” means any residence or other private property, individual unit or place, including any commercial or business premises.
L. “Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
M. “Tobacco products” shall have the same meaning as in Chapter 17.74 CMC. (Ord. 13-2026 § 2, 2013.)
9.58.020 Host obligations.
A. Except as permitted by state law, it is unlawful for any person to permit, allow, or host a gathering at his or her place of residence or other private property, public place, or any other premises under his or her control where any harmful substances have been consumed by a minor, if such person either knows or reasonably should know that a minor has consumed any harmful substances.
B. Any person who permits, allows or hosts a gathering shall be rebuttably presumed to have actual or constructive knowledge that minors have consumed harmful substances if such person is present at the premises of the gathering at the time any minor consumes a harmful substance, or if that person has not taken all reasonable steps necessary to prevent the consumption of harmful substances by minors, as set forth in subsection (E) of this section.
C. This section shall not apply to gatherings where religious services and/or activities protected by Article I, Section 4 of the California Constitution are exercised, nor shall the prohibition apply to conduct involving the use of alcoholic beverages exclusively between a minor and his or her parent or guardian.
D. This section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control.
E. It is the duty of any person who permits, allows or hosts a gathering at his or her place of residence, other private property, public place, or any other premises under his or her control, where minors will be present, to take all reasonable steps to prevent the consumption of harmful substances by any minor at the gathering. Reasonable steps shall include, at a minimum, the following: (1) preventing any access by minors to any harmful substances at the gathering; (2) controlling access to alcoholic beverages and tobacco products at the gathering; (3) controlling the quantity of alcoholic beverages and tobacco products at the gathering to an amount which can be monitored and its access controlled effectively; (4) verifying the age of persons who consume alcoholic beverages or tobacco products at the gathering by inspecting driver’s licenses or other government-issued identification cards; (5) prohibiting the use of controlled substances and marijuana at the gathering; (6) prohibiting the defined use of inhalants at the gathering (e.g., inhaled for the purpose of becoming intoxicated); and (7) monitoring the activities of all persons at the gathering, including minors.
F. A person who hosts a gathering shall not be in violation of this chapter if he or she, before any other person makes a complaint to the Covina police department or other law enforcement agency, seeks assistance from the Covina police department or other law enforcement agency to either: (1) remove any person who refuses to abide by the host’s rules or requirements with respect to his or her performance of the duties imposed by this chapter; or (2) terminate the gathering because the host has been unable to prevent minors from consuming harmful substances, despite having taken all reasonable steps to do so. (Ord. 13-2026 § 2, 2013.)
9.58.030 Violation – Penalty.
A. Criminal violations of this chapter shall be misdemeanors and shall be punishable as set forth in Chapter 1.16 CMC.
B. Amounts of fines and/or penalties for violations of this chapter shall be established by resolution of the city council.
C. Nothing in this chapter in any way limits any other remedy that may be available to the city, or any penalty that may be imposed by the city. (Ord. 13-2026 § 2, 2013.)
9.58.040 Collection of enforcement costs.
Every violation of this chapter shall be deemed to be a public nuisance and abated by the city. The city may seek reimbursement for actual costs associated with the enforcement of this chapter pursuant to Chapters 1.28 and 8.40 CMC, as well as any other applicable law. (Ord. 13-2026 § 2, 2013.)