Chapter 9.40
SOCIAL HOST REGULATIONS
Sections:
9.40.050 Penalty for violations.
9.40.010 Purpose and intent.
The purpose and intent of this chapter are:
A. To protect public health, safety and general welfare of the city;
B. To reduce consumption or possession of alcoholic beverages by persons under the age of twenty-one years;
C. To address municipal problems unique to the city;
D. To impose restrictions and penalties related to underage drinking beyond those mandated by state law, and beyond those imposed by the California Alcohol Beverage Commission;
E. To facilitate enforcement of laws prohibiting service to, consumption of or possession of alcoholic beverages by, persons under the age of twenty-one years; and
F. To offset the city’s costs associated with providing police, fire and other services to gatherings where alcohol is served to, consumed by, or in the possession of persons under the age of twenty-one years. (Ord. 1019, 2014)
9.40.020 Definitions.
For purposes of this chapter:
“Alcoholic beverage” is defined in Section 23004 of the California Business and Professions Code.
“Gathering” means a party, gathering, or event where a group of two or more persons have assembled or are assembling for a social occasion or social activity.
“Legal guardian” means (1) a person who, by court order, is the guardian of the person of an underage person; or (2) a public or private agency with whom an underage person has been placed by a court of competent jurisdiction.
“Minor” means any person under twenty-one years of age.
“Parent” means a person who is a natural parent, adoptive parent, foster parent, or step-parent of another person.
“Premises” means any residence or other private property, place or premises, including any commercial, business or industrial premises.
“Twelve months” means any twelve-month period from the date of the most recent social host ordinance offense. (Ord. 1019, 2014)
9.40.030 Prohibition on hosting, permitting or allowing a gathering at which minors consume alcoholic beverages.
A. It is the duty of any person having control of any premises, which knowingly hosts, permits or allows a gathering at said premises, to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering.
Reasonable steps are controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting driver’s licenses or other government-issued identification to ensure that minors do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering.
B. It is unlawful for any person having control of any premises to knowingly host, permit or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in subsection A of this section. (Ord. 1019, 2014)
9.40.040 Exemptions.
This chapter shall not apply to:
A. Any California Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control.
B. Conduct involving the use of alcoholic beverages that occurs exclusively between an underage person and his or her parent and/or legal guardian, as permitted by Article 1, Section 4 of the California Constitution. (Ord. 1019, 2014)
9.40.050 Penalty for violations.
The penalty for a violation of this chapter shall constitute a misdemeanor punishable by fines as established by resolution of the city council with provisions for increasing penalties for the first, second, third and successive violations. (Ord. 1019, 2014)