Chapter 11.04
SOCIAL HOST ACCOUNTABILITY
Sections:
11.04.010 Legislative purpose.
11.04.040 Consumption of alcohol by underage persons in private prohibited.
11.04.050 Consumption of cannabis products by underage persons in private prohibited.
11.04.080 Prima facie evidence.
11.04.090 Enforcement authority.
11.04.100 Exception to social host liability.
11.04.110 Exception for family gatherings and religious activity.
11.04.120 Cost recovery fee for public safety services.
11.04.130 Amount of cost recovery fee.
11.04.150 Enforcement by administrative citation.
11.04.160 Reservation of legal options.
Prior legislation: Ords. 09-027 and 12-002.
11.04.010 Legislative 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 an administrative fine on persons responsible for gatherings where alcohol is consumed by, served to or in the possession of underage persons;
C. To facilitate the enforcement of laws prohibiting the service to, consumption of or possession of alcoholic beverages by underage persons;
D. To promote the quiet enjoyment of residential and other property within the City. [Ord. 21-004 § 1.]
11.04.020 Findings.
The City Council finds as follows:
A. The City of Dixon, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws that promote the public health, safety and general welfare of its residents;
B. The occurrence of loud or unruly gatherings on private property where alcoholic beverages are served to, consumed by, or in the possession of underage persons is harmful to the underage persons themselves, violates State law, and is a public nuisance;
C. The City of Dixon has made numerous, continuous, and substantial efforts to enforce underage drinking laws. Despite these efforts, alcohol use by youth remains a serious problem in the City, contributing significantly to the incidence of adolescent crime, addiction, sexual assault, truancy, driving under the influence of alcohol, and motor vehicle accidents causing property damage and injury including death;
D. Underage persons often obtain alcoholic beverages at gatherings held at private residences or at rented residential and commercial premises that are under the control of a person who knows or should know of the service to, possession by, or consumption of alcohol by underage persons. Persons responsible for the occurrence of loud or unruly gatherings on private property over which they have possession or control have failed to ensure that alcoholic beverages are not served to, consumed by or possessed by underage persons at these gatherings, and such possession or consumption by underage persons in turn leads to an increase in the degree of loudness and unruliness of the gatherings;
E. Property owners or others in control of the venues where such gatherings occur have failed to prevent the occurrence or reoccurrence of loud or unruly gatherings, including those where alcoholic beverages are served to, consumed by or possessed by underage persons, on private property, which seriously disrupts neighboring residents’ quiet enjoyment of their property;
F. Consumption of cannabis by minors who are under the legal age to consume cannabis in the State is harmful to the minors themselves and poses an immediate threat to the public health, safety, and welfare in that it increases cannabis use by minors, it detrimentally affects the mental and physical health of minors, and it increases rates of driving under the influence, all of which may require intervention by local law enforcement;
G. Control of loud or unruly gatherings on private property where alcoholic beverages or cannabis is served to, consumed by or in the possession of underage persons is necessary when such activity is determined to be a public nuisance;
H. Persons abetting or allowing loud or unruly gatherings where alcoholic beverages or cannabis is served to, consumed by or in the possession of underage persons will be more likely to properly supervise or to stop such conduct if they are held responsible for such gatherings held on property in their possession or under their control;
I. Law enforcement, fire and other emergency response services personnel have responded and are required to respond, sometimes on multiple occasions, to loud or unruly gatherings on private property at which alcoholic beverages or cannabis is served to, consumed by or in the possession of underage persons, and responses to such gatherings result in a disproportionate expenditure of public safety resources of the City, which are underwritten by general municipal taxes paid to the City by its taxpayers and residents, and also result in a delay of responses to regular and emergency calls to the rest of the City;
J. Problems associated with loud or unruly gatherings at which alcoholic beverages or cannabis is served to, consumed by or in the possession of underage persons are difficult to prevent or deter unless the City has the legal authority to issue an administrative citation resulting in an administrative fine;
K. Cal. Bus. & Prof. Code § 25658 makes it unlawful for a person under the age of twenty-one (21) years to purchase or attempt to purchase or consume alcoholic beverages and makes it unlawful for any person to sell any alcoholic beverage to any person under the age of twenty-one (21) years and Cal. Bus. & Prof. Code § 26000 makes the sale of cannabis to persons under the age of twenty-one (21) years unlawful;
L. According to local, State and Federal surveys, alcohol is overwhelmingly and consistently the most widely used drug at all adolescent age levels. A child who begins alcohol use prior to age fifteen (15) is four (4) times more likely to experience alcohol dependence than one who refrains from alcohol use until age twenty (20) or older. [Ord. 21-004 § 1.]
11.04.030 Definitions.
For the purpose of this chapter, and except where otherwise expressly defined in another chapter or sections of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this section, they shall be construed as their ordinary meaning within the context which they are used:
“Adult” means any person of twenty-one (21) or more years in age.
“Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine produced from any source or process.
“Alcoholic beverage” means any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, alcoholic beverages as defined in Cal. Bus. & Prof. Code § 23004, intoxicating liquor, malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy, and any mixture containing one (1) or more alcoholic beverages. “Alcoholic beverage” includes a mixture of one (1) or more alcoholic beverages whether found or ingested separately or as a mixture.
“Cannabis” means 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 the purpose of this chapter, “cannabis” does not mean “industrial hemp” as defined by Cal. Health & Safety Code § 11018.5 .
“Cannabis concentrate” means cannabis that has undergone a process to concentrate one (1) or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. A cannabis concentrate is not considered food, as defined by Cal. Health & Safety Code § 109935, or a drug, as defined by Cal. Health & Safety Code § 109925.
“Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
“Family gathering” means a gathering where each minor present is supervised by his or her parent or legal guardian.
“Gathering” means a party, gathering, or event where a group of two (2) or more persons have assembled or are assembling for a social activity.
“Legal guardian” means a person who, by court order, is the guardian of the person or a minor, or a public or private agency with whom a minor has been placed by the court.
“Loud or unruly gathering” means three (3) or more persons at a residence or other private property upon which loud or unruly conduct occurs. Such loud or unruly conduct includes but is not limited to:
1. Excessive noise in violation of either State law or City ordinance;
2. Obstruction of public streets or the presence of unruly crowds that have extended or spilled into public streets;
3. Public drunkenness or unlawful public consumption of alcohol or alcoholic beverages;
4. Assaults, batteries, fights, domestic violence, or other disturbances of the peace;
5. Vandalism;
6. Littering; or
7. Any conduct that constitutes a threat to the public health, safety, or quiet enjoyment of residential property or the general welfare.
“Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Cal. Health & Safety Code § 11362.5, by a medicinal cannabis patient in California who possesses a physician’s recommendation.
“Minor” or “underage person” means any person less than twenty-one (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 or business premises.
“Qualified patient” has the same meaning as that term is defined by Cal. Health & Safety Code § 11362.7.
“Response costs” are the costs associated with response by law enforcement, fire, or other emergency response providers to a gathering, including but not limited to:
1. Salaries and benefits of law enforcement, community enhancement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative cost associated with or attributed to such response(s);
2. The cost of any medical treatment for any law enforcement, community enhancement, fire or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering;
3. The cost of repairing any City equipment or property damaged, and the cost of the use of any such equipment in, responding to, remaining at, or leaving the scene of a gathering; and
4. Any other allowable costs related to enforcement of this chapter.
“Responsible person” means a person or persons with a right of possession of the premises, including, but not limited to:
1. An owner of the residence or other private property, place or premises, including any commercial or business premises;
2. A tenant or lessee of the residence or other private property, place or premises, including any commercial or business premises;
3. The landlord of another person responsible for the gathering;
4. The person(s) in charge of the residence or other private property, place or premises, including commercial or business premises; and
5. The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering.
6. If a responsible person or social host for the party or gathering is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to this chapter. To incur liability for response costs imposed by this chapter, the responsible person or social host for the gathering must be aware of the gathering, but need not be present at such gathering which results in the imposition of response costs pursuant to this chapter.
“Social host” means a person who knowingly hosts, permits, or allows a gathering to take place where one (1) or more minors consume one (1) or more alcoholic beverages on property owned or controlled by the person and the person knows or reasonably should have known that the minor is consuming or has consumed an alcoholic beverage. [Ord. 21-004 § 1.]
11.04.040 Consumption of alcohol by underage persons in private prohibited.
No underage person shall consume at any place not open to the public any alcoholic beverage or cannabis, unless that underage person is being supervised by his or her parent or legal guardian. [Ord. 21-004 § 1.]
11.04.050 Consumption of cannabis products by underage persons in private prohibited.
A. No underage person shall consume at any place not open to the public any cannabis product, unless that underage person is a qualified patient.
B. This prohibition shall not apply to those underage persons consuming medicinal cannabis or a medicinal cannabis product at and pursuant to the recommendation of his or her physician in accordance with the Compassionate Use Act of 1996 (Proposition 215), as provided under Cal. Health & Safety Code § 11362.5. [Ord. 21-004 § 1.]
11.04.060 Consumption of alcohol or cannabis by minors prohibited in public places, places open to public.
Except as permitted by State law, it is unlawful for any minor to consume at any public place or any place open to the public any alcoholic beverage or cannabis product. [Ord. 21-004 § 1.]
11.04.070 Hosting, permitting, allowing a party, gathering, or event where minors consume alcoholic beverages and/or cannabis products prohibited.
A. No person having control of any premises shall knowingly host, permit, or allow a gathering to take place at said premises where at least one (1) minor consumes an alcoholic beverage or cannabis product. A violation of this section occurs whenever the person having control of the premises knows a minor consumed an alcoholic beverage or cannabis product, or should have known, had the person taken all reasonable steps to prevent the consumption as set forth in subsection B of this section.
B. Any person having control of any premises who knowingly hosts, permits, or allows a gathering at said premises shall take all reasonable steps to prevent the consumption of alcoholic beverages and cannabis products by any minor at the gathering. Reasonable steps include, but are not limited to:
1. Controlling access to alcoholic beverages and/or cannabis products at the gathering;
2. Controlling the quantity of alcoholic beverages at the gathering;
3. Verifying the age of persons attending the gathering by inspecting drivers’ licenses or other government-issued identification;
4. Supervising the activities of minors at the gathering; and
5. Prohibiting the possession, service, or use of cannabis products or other controlled substances at the event.
C. This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or guardian, as permitted by Article I, Section 4, of the California Constitution, or if the event is a family gathering as defined by this code.
D. This section shall not apply to any California Department of Alcoholic Beverages Control licensee at any premises regulated by the Department of Alcoholic Beverages Control. [Ord. 21-004 § 1.]
11.04.080 Prima facie evidence.
Physical presence of the responsible person or social host having control of the premises at the time a minor obtains, possesses, or consumes any alcoholic beverage or cannabis product shall serve as prima facie evidence that the responsible person or social host had the knowledge or should have had the knowledge that the minor obtained the alcoholic beverage or cannabis product at the gathering. [Ord. 21-004 § 1.]
11.04.090 Enforcement authority.
The Police Department is authorized to administer and enforce the provisions of this chapter. The City Attorney and the Police Chief or designees may exercise any enforcement powers provided by law. [Ord. 21-004 § 1.]
11.04.100 Exception to social host liability.
A social host shall not be in violation of this chapter if he or she seeks immediate assistance from any law enforcement agency to remove any person who refuses to abide by the social hosts’ performance of the duties imposed by this chapter, or if he or she terminates the gathering because the social host has been unable to prevent underage persons from consuming or possessing alcoholic beverages, cannabis products, or controlled substances despite having taken reasonable steps to do so. A social host shall not be in violation of this chapter if he or she seeks medical assistance to provide care for a person in immediate danger due to the accidental or intentional overdose of alcohol or a controlled substance. [Ord. 21-004 § 1.]
11.04.110 Exception for family gatherings and religious activity.
This chapter shall not apply to:
A. A parent or legal guardian who provides an alcoholic beverage at a family gathering to an underage person within the parent or legal guardian’s immediate care; or
B. To any person who provides an alcoholic beverage to an underage person as part of a legally protected religious activity. [Ord. 21-004 § 1.]
11.04.120 Cost recovery fee for public safety services.
The responsible person for the event shall be liable for the cost of providing public safety services for any second or follow-up response by public safety personnel; provided, that a warning to the responsible person for the event to terminate the event shall have been given during the first response and that a second or follow-up response on the same date or on any later date will result in liability for the cost of providing public safety services. [Ord. 21-004 § 1.]
11.04.130 Amount of cost recovery fee.
The cost recovery fee for public safety services shall include the costs associated with responses by law enforcement, fire, and other emergency response providers to loud or unruly gatherings, including but not limited to:
A. The portion of the cost of salaries and benefits of law enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the loud or unruly gathering(s), and the administrative costs attributable to such response(s);
B. 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; and
C. 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. [Ord. 21-004 § 1.]
11.04.140 Attorneys’ fees.
In any action brought to recover the cost recovery fee for public safety services, the City shall be entitled to recover its attorneys’ fees as costs. [Ord. 21-004 § 1.]
11.04.150 Enforcement by administrative citation.
When law enforcement or other emergency response providers respond to a gathering at which an underage person has consumed or is consuming alcoholic beverages and/or cannabis all social hosts shall be jointly and severally liable. Administrative citations shall be issued pursuant to Chapter 1.07 DMC. In the event that the responsible person who is in violation of this chapter is an underage person, then the underage person and their parent or guardian will be jointly and severally liable for any fine imposed. When a violation of this chapter is prosecuted administratively, the mandatory minimum penalty shall be five hundred dollars ($500.00) for the first offense, and one thousand dollars ($1,000.00) for each subsequent offense in a twelve (12) month period. [Ord. 21-004 § 1.]
11.04.160 Reservation of legal options.
A. The remedies, fines, penalties, and fees provided for under this chapter are cumulative and shall not restrict the City from any other remedy to which it is entitled under law or equity.
B. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty under State law or this code, nor shall anything in this chapter be deemed to conflict with any penalty or provision under State law, or to prohibit any conduct authorized by the State or Federal Constitution.
C. Nothing in this chapter shall be construed as a waiver by the City of any right to seek reimbursement for actual response costs incurred through other legal remedies or procedures. [Ord. 21-004 § 1.]
11.04.170 Appeals.
An individual shall have the right to appeal any administrative citation or response costs levied under this chapter. Appeals shall be subject to the procedures established by Chapter 1.07 DMC. Failure to appeal shall result in the citation or response cost becoming a final administrative enforcement order. [Ord. 21-004 § 1.]
11.04.180 Severability.
If any provisions of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [Ord. 21-004 § 1.]