Chapter 9.85
SOCIAL HOST ORDINANCE CONCERNING CONSUMPTION OF ALCOHOLIC BEVERAGES BY MINORS
Sections:
9.85.040 Protected activities.
9.85.050 Separate violation for each incident.
9.85.060 Enforcement authority.
9.85.070 Enforcement remedies.
9.85.010 Findings and intent.
The city council of the city of Holtville finds and declares that:
A. Minors often obtain, possess, or consume alcoholic beverages at parties held at private residences or private premises that are under the control of an adult who knows of such conduct but fails to stop it.
B. Underage consumption of alcoholic beverages poses an immediate threat to the public health, safety and welfare in that it increases alcohol abuse by minors, physical altercations, violent crimes including rape and other sexual offenses, accidental injury, neighborhood vandalism, and excessive noise disturbance, all of which may require intervention by local law enforcement.
C. When law enforcement responds to a disturbance involving underage consumption of alcoholic beverages at private parties, extensive resources are often used to manage the incident. Further, a large social gathering that requires law enforcement attention takes away valuable resources from other service calls in the community, thereby placing the community at increased risk. Law enforcement is not currently reimbursed for their expenses when called to a private party.
D. The prohibitions found in this chapter are reasonable and expected to deter the consumption of alcoholic beverages by minors by holding responsible adults who know of the illegal conduct yet fail to stop it. In addition, the revenue received by the county after cost reimbursement will be directed toward alcohol and controlled substance abuse and prevention education programs in the community. (Ord. 457 § 2, 2007).
9.85.020 Definitions.
Reserved. (Ord. 457 § 2, 2007).
9.85.030 Prohibition.
No adult who owns or controls a private residence or private premises shall allow a party to take place or continue at said residence or premises if a minor at the party obtains, possesses, or consumes any alcoholic beverage and the adult knows that the minor has obtained, possesses, or is consuming alcoholic beverages at the party. (Ord. 457 § 2, 2007).
9.85.040 Protected activities.
This chapter shall not apply to legally protected religious activities or family gatherings. (Ord. 457 § 2, 2007).
9.85.050 Separate violation for each incident.
Each incident in violation of HMC 9.85.030 shall constitute a separate offense. (Ord. 457 § 2, 2007).
9.85.060 Enforcement authority.
The district attorney and the Holtville police department are authorized to administer and enforce the provisions of this chapter. The district attorney and the Holtville police department may exercise any enforcement powers provided by law. (Ord. 457 § 2, 2007).
9.85.070 Enforcement remedies.
A. Any person who knowingly sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to a minor is guilty of an infraction/misdemeanor punishable by a fine not to exceed $500.00 and shall be required to perform not less than 24 hours of community service.
B. Any person who knowingly violates subsection A of this section and minor thereafter consumes the alcoholic beverage and thereby proximately causes great bodily injury or death to himself, herself, or any other person, is guilty of a misdemeanor and shall be punished by imprisonment in a county jail for a term not to exceed one year, or by a fine not exceeding $1,000, or by both imprisonment and fine.
C. Any act of willful misconduct of a minor that results in injury or death to another person or in injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct.
D. A social host who knowingly serves alcoholic beverages to a minor guest may be held liable for injuries sustained by third parties, including county law enforcement personnel, as a result of the minor guest’s negligence.
E. A social host shall be liable for the cost of providing enforcement services in response to a party in which minors have obtained, possessed, or consumed alcoholic beverages. Such costs include reasonable attorney’s fees in the event of litigation. (Ord. 457 § 2, 2007).