Chapter 9.91
SOCIAL HOST ORDINANCE
Sections:
9.91.010 Findings and purposes.
9.91.030 Hosting, permitting, or allowing a gathering.
9.91.050 Reasonable steps to prevent consumption of alcohol – Self-reporting.
9.91.010 Findings and purposes.
A. The city council finds as follows:
1. Unsupervised parties on private property where alcohol is consumed by minors are harmful to the minors themselves and to the communities where such parties are held.
2. Police ability to abate gatherings where alcohol is consumed by minors on private property will result in a decrease in abuse of alcohol by minors, physical altercations and injuries, neighborhood vandalism, and excessive noise disturbance, thereby improving public safety.
3. Problems associated with such gatherings are difficult to resolve unless the police department has the legal authority to direct the host to disperse the group.
4. Control of large parties, gatherings or events on private property where minors are consuming alcohol is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public.
5. When police officers are required to make calls to a location of a party, gathering, or even in order to disperse uncooperative participants, it results in a drain of police officer time and resources, and in some cases may result in other areas of the city receiving inadequate police protection.
B. The purpose of this chapter is to address the problems identified in subsection (A) of this section and protect the public health, safety and general welfare by enhancing the enforcement of laws prohibiting the consumption of alcohol by minors and reducing the costs of providing police services to parties, gatherings, or events by requiring hosts to ensure minors are not consuming alcoholic beverages. [Ord. 1-2008 § 1].
9.91.020 Definitions.
As used in this chapter, the following words and phrases have the meanings set forth in this section:
“Alcohol” shall have the same meaning as in California Business and Professions Code Section 23003 or any successor section.
“Alcoholic beverage” shall have the same meaning as in California Business and Professions Code Section 23004 or any successor section.
“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.
“Minor” means any person under 21 years of age.
“Parent” means a person who is a natural parent, adoptive parent, or stepparent of another person.
“Gathering” means a group of persons who have assembled or are assembling for a social occasion or social activity.
“Premises” means any residence or other private property, individual unit or place, including any commercial or business premises.
“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, and transport facilities.
“Social host” means any person who permits, allows, or hosts 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 alcoholic beverages have been consumed by a minor. [Ord. 1-2008 § 1].
9.91.030 Hosting, permitting, or allowing a gathering.
The following shall apply to the permitting, allowing, or hosting a gathering where alcoholic beverages have been consumed by a minor:
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 alcoholic beverages have been consumed by a minor, if such person either knows or reasonably should have known that a minor has consumed an alcoholic beverage.
B. A person who permits, allows, or hosts a gathering shall be deemed to have actual or constructive knowledge that a minor has consumed alcoholic beverages if the person has not taken all reasonable steps to prevent the consumption of alcoholic beverages by minors as set forth in RCMC 9.91.050(A).
C. Any person who permits, allows, or hosts a gathering shall be rebuttably presumed to have actual or constructive knowledge that minors have consumed alcoholic beverages if such person is present at the premises of the gathering at the time any minor consumes an alcoholic beverage. [Ord. 1-2008 § 1].
9.91.040 Exceptions.
A. This chapter shall not apply if all minors who are consuming an alcoholic beverage are being supervised by their parents or guardians.
B. This chapter shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control. [Ord. 1-2008 § 1].
9.91.050 Reasonable steps to prevent consumption of alcohol – Self-reporting.
A. It is the duty of any person who permits, allows or hosts 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 minors will be present, to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps include, but are not limited to, the following: controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages at the gathering; verifying the age of persons attending the gathering by inspecting drivers’ licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages at the gathering; monitoring the activities of persons at the gathering; and monitoring the conduct of minors at the gathering.
B. A person who hosts a gathering shall not be in violation of this chapter if he or she seeks assistance from the police department or other law enforcement agency to remove any person who refuses to abide by the host’s performance of the duties imposed by this chapter, or terminates the gathering because the host has been unable to prevent minors from consuming alcoholic beverages despite having taken all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the gathering. [Ord. 1-2008 § 1].
9.91.060 Violation – Penalty.
A. Violation of this chapter shall be a misdemeanor, but may be charged, in the discretion of the citing officer, as an infraction. Violations of this chapter shall not be charged as misdemeanors unless the citing officer observes egregious violations or aggravating circumstances.
B. 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, for violations of this chapter. [Ord. 1-2008 § 1].