Chapter 9.54
HOUSE PARTIES – CONSUMPTION OF ALCOHOL, MARIJUANA, AND OTHER CONTROLLED SUBSTANCES BY MINORS
Sections:
9.54.030 Property owner’s duties and prohibitions.
9.54.040 Consumption of alcohol, marijuana, and other controlled substances by minor prohibited.
9.54.050 Prima facie evidence.
9.54.060 Protected activities.
9.54.070 Civil liability for enforcement services.
9.54.080 Reimbursement for cost of enforcement services.
9.54.090 Reservation of legal options.
9.54.010 Purpose and intent.
The City Council finds and determines that youth often obtain alcoholic beverages, marijuana, and other controlled substances at parties or other gatherings held at private residences or at rented residential and commercial premises, which are under the control of a person or persons who know or should know of the illegal conduct and fail to stop it. 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 or gatherings on property under their control. It is the purpose of this chapter to impose criminal liability on persons who are aware, or should be aware, of the illegal conduct yet fail to prevent it. It is the further purpose of this chapter to impose civil liability for the recovery of the costs of enforcement services and to provide for the recovery of reasonable attorneys’ fees in the event of litigation. Most importantly, it is the purpose of this chapter to curtail the consumption of alcohol, marijuana, and other controlled substances by minors, in order to prevent the many adverse side effects of alcoholic beverage, marijuana, and other controlled substance consumption by minors, including juvenile delinquency and victimization as well as adverse health effects. (Ord. 828 § 4, 2019; Ord. 720 § 2, 2011)
9.54.020 Definitions.
Terms used in this chapter shall have the meaning given to them by State law except as expressly provided herein.
A. “Adult” means a person who is 21 years of age or older.
B. “Alcoholic beverage” means any liquid, gas, 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 Section 23004 of the Business and Professions Code, and which contains one percent or more of alcohol by volume; any intoxicating liquor; any malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy; and any mixture containing one or more alcoholic beverages. “Alcoholic beverage” includes a mixture of one or more alcoholic beverages, whether found or ingested separately or as a mixture.
C. “Control” means any form of dominion including ownership, tenancy, or other possessory right.
D. “Controlled substance” means a drug or substance whose possession and use are regulated under the Controlled Substances Act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.
E. “Enforcement services” means the salaries and benefits of police officers or other code enforcement personnel for the amount of time actually spent in responding to, or in remaining at, the gathering; the administrative costs attributable to the incident; the actual cost of any medical treatment to injured police officers or other code enforcement personnel; the cost of repairing any damaged City equipment or property; and the cost arising from the use of any damaged City equipment in responding to or remaining at the gathering.
F. “Gathering” means a party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity at a residence or premises.
G. “Marijuana” shall have the same meaning as the term “cannabis” set forth in Section 11018 of the California Health and Safety Code and shall also include the definition of “cannabis products” set forth in Section 11018.1 of the California Health and Safety Code.
H. “Minor” means a person under the age of 21 years.
I. “Residence” or “premises” means a hotel or motel room, home, yard, apartment, condominium, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or other social function, and whether owned, leased, rented, or used with or without compensation.
J. “Social host” means a person who permits or allows a gathering where one or more minors consume one or more alcoholic beverages, marijuana, or other controlled substances on property owned or controlled by the person. (Ord. 828 § 4, 2019; Ord. 720 § 2, 2011)
9.54.030 Property owner’s duties and prohibitions.
A. It shall be the duty of any person having control of any residence, real property, or premises, who hosts, permits, or allows a gathering to take place at said residence or premises, to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana, and other controlled substances by any minor at the gathering. Whenever the person having control of the residence or premises either knows or should know a minor has consumed an alcoholic beverage, marijuana, or other controlled substance at the residence or premises in violation of this chapter, it is presumed that the person had the ability to take all reasonable steps to prevent the consumption of an alcoholic beverage, marijuana, and other controlled substances by a minor as set forth in subsection (B)(2) of this section; it is further presumed that the person has the ability to terminate the illegal conduct once it is, or should reasonably have been, discovered.
B. No person who owns or has control of any residence or premises shall allow a gathering to take place or continue at the residence or premises if:
1. At the gathering any minor consumes any alcoholic beverage, marijuana, and other controlled substance; and
2. The person knows or reasonably should know by taking all reasonable steps to prevent alcoholic beverage, marijuana, and other controlled substance consumption by any minor that a minor possesses or is consuming any alcoholic beverage, marijuana, and other controlled substance at the gathering. Reasonable steps are (a) controlling access to alcoholic beverages, marijuana, and other controlled substances at the gathering; (b) controlling the quantity of alcoholic beverages, marijuana, and other controlled substances present at the gathering; (c) verifying the age of persons attending the gathering by inspecting drivers’ licenses or other government-issued identification cards to ensure that persons under the age of 21 years do not consume alcoholic beverages, marijuana, and other controlled substances while at the gathering; and (d) supervising the activities of minors at the gathering.
C. This section does not apply to any location or place regulated by the California Department of Alcoholic Beverage Control.
D. This section shall not apply to conduct involving the use of alcoholic beverages, marijuana, and other controlled substances that occurs exclusively between a minor and his or her parent or legal guardian, as permitted by Article I, Section 4, of the California Constitution. (Ord. 828 § 4, 2019; Ord. 720 § 2, 2011)
9.54.040 Consumption of alcohol, marijuana, and other controlled substances by minor prohibited.
Except as permitted by State law, it is unlawful for any minor to:
A. Consume at any public place or any place open to the public any alcoholic beverage, marijuana, or other controlled substance; or
B. Consume at any place not open to the public any alcoholic beverage, marijuana, or other controlled substance, unless in connection with the consumption of the alcoholic beverage, marijuana, or other controlled substance that minor is being supervised by his or her parent or legal guardian. (Ord. 828 § 4, 2019; Ord. 720 § 2, 2011)
9.54.050 Prima facie evidence.
Whenever a person having control of a residence or premises is present at that residence or premises at the time that a minor possesses or consumes any alcoholic beverage, marijuana, or other controlled substance thereon, it shall be prima facie evidence that such person had the knowledge or should have had the knowledge specified in PMC 9.54.030(A) or (B)(2). This section affects the burden of producing evidence. (Ord. 828 § 4, 2019; Ord. 720 § 2, 2011)
9.54.060 Protected activities.
The provisions of this chapter shall not apply to legally protected religious activities or gatherings of family members with not more than two non-family members. (Ord. 720 § 2, 2011)
9.54.070 Civil liability for enforcement services.
When a gathering prohibited by PMC 9.54.030 occurs and a police officer or code enforcement officer is called to the scene, the person or persons having control of the residence or premises shall be liable for the cost of providing enforcement services during the second or a follow-up response by the police, after a first warning to the person or persons having such control. (Ord. 720 § 2, 2011)
9.54.080 Reimbursement for cost of enforcement services.
The actual cost of enforcement services described in PMC 9.54.070 shall be deemed a debt owed to the city recoverable in a civil action, and shall be recoverable in a civil action, including reasonable attorneys’ fees and costs. (Ord. 720 § 2, 2011)
9.54.090 Reservation of legal options.
The City of Poway 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 this chapter is in addition to any other statute, ordinance or law, civil or criminal. This chapter 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 this chapter. (Ord. 720 § 2, 2011)