Chapter 6-36
SOCIAL HOST LIABILITY FOR UNDERAGE DRINKING AT PARTIES, GATHERINGS, OR EVENTS
Sections:
6-36.010 Declaration of purpose.
6-36.010 Declaration of purpose.
The City Council finds and determines that underage persons are often served, possess, and/or consume alcoholic beverages at parties, gatherings, or events held on private property that is either owned by, or under the control of, a person who knows, or who reasonably should know, of such service, possession, and/or consumption and who fails to stop it. The City Council further finds and determines that persons are more likely to properly supervise or stop the service to, possession of, and/or consumption of alcohol by underage persons at such parties, gatherings, or events if they are held responsible for allowing such conduct on premises they own or control. It is the purpose of this chapter to protect the public health, safety, and general welfare and to preserve the quiet enjoyment of private property by providing additional law enforcement tools to deter the service to, possession of, and/or consumption of alcoholic beverages by underage persons at parties, gatherings, or events held on private property. The City Council therefore finds that the occurrence of parties, gatherings, or events on private property where persons responsible for the event know, or reasonably should know, that alcoholic beverages are being served to, in the possession of, and/or consumed by any underage person is a threat to the public health, safety, and general welfare and is therefore a public nuisance. (Ord. 2008-5 § 2)
6-36.020 Definitions.
The words and phrases used in this chapter have the meanings set forth in this section.
“Alcohol,” as defined by Business and Professions Code Section 23003, means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
“Alcoholic beverage,” as defined by Business and Professions Code Section 23004, 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.
“Juvenile” means any person under eighteen (18) years of age.
“Party, gathering, or event” means a group of three or more persons under the age of twenty-one (21) who have assembled, or are assembling, for a social occasion or social activity.
“Person responsible for the event” means and includes:
1. The person who owns, rents, leases, or otherwise has control of the premises where the party, gathering, or event occurs; and/or
2. The person in charge of the premises where the party, gathering, or event occurs; and/or
3. The person who organized the party, gathering, or event; and/or
4. The person who supervised the party, gathering, or event.
“Private property” means a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or an industrial site, hall, or meeting room, whether occupied on a temporary or permanent basis, and whether owned, leased, rented, or used with or without compensation.
“Underage person” means any person under twenty-one (21) years of age. (Ord. 2008-5 § 2)
6-36.030 Prohibition.
No person responsible for the event shall permit, allow, or host a party, gathering, or event on private property where he or she knows, or reasonably should know, that alcoholic beverages are being served to, in the possession of, and/or consumed by any underage person. This prohibition shall not apply to conduct permitted by Article I, Section 4, of the California Constitution. It is the duty of the person responsible for the event to take all reasonable steps to prevent alcoholic beverages from being served to, in the possession of, and/or consumed by underage persons, including verifying the age of persons being served, in the possession of, and/or consuming alcoholic beverages at the party, gathering, or event by inspecting driver’s licenses or other government-issued identification cards. (Ord. 2008-5 § 2)
6-36.040 Enforcement.
A. Any person violating Section 6-36.030 shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not more than one thousand dollars ($1,000.00) and/or imprisonment of not more than six months, except as noted in subsection B of this section.
B. Violations of this chapter shall be enforced by the City Attorney, with the City Attorney having discretion to reduce any violation of this chapter to an infraction.
C. In the event that the person responsible for the event who is in violation of Section 6-36.030 is a juvenile, then the juvenile and the parent(s) or legal guardian(s) of that juvenile will be jointly and severally liable for any monetary fine imposed.
(Ord. 2008-5 § 2)
6-36.050 Reservation.
Nothing in this chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available under any other statute, ordinance, or law, civil or criminal, to correct conduct regulated by this chapter in addition to or as alternatives to the procedures set forth herein. This chapter in no way limits the authority of law enforcement personnel to make arrests for any criminal offense arising out of conduct regulated by this chapter. (Ord. 2008-5 § 2)