Chapter 7.10
CONSUMPTION/INGESTION OF ALCOHOL, MARIJUANA AND/OR CONTROLLED SUBSTANCES BY MINORS1
Sections:
7.10.040 Protected activities.
7.10.050 Prima facie evidence.
7.10.060 Reservation of legal options.
7.10.070 Violation – Penalties.
7.10.010 Definitions.
The words and phrases used in this chapter shall have the meaning given to them by state law except as expressly set forth in this section.
“Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
“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.
“Control” means any form of dominion including ownership, tenancy, or other possessory right.
“Controlled substance” means a drug or substance described in California Health and Safety Code Section 11007, as may be amended or superseded; provided, that the term does not include any drug or substance for which an individual found to have possessed or consumed such drug or substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.
“Enforcement services” includes 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 party, gathering, or event and 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 party, gathering, or event.
“Guardian” means: (1) a person who, under court order, is the guardian of a person of minority age; or (2) a public or private agency with whom a minor has been placed by the court.
“Marijuana” means all parts, as a whole or in part, of the Cannabis plant, whether growing or not, the seeds thereof, and/or the resin extracted from any such plant; and every compound, manufacture, derivative or preparation of such plant including seeds, resin, and concentrated marijuana. The prohibition herein includes marijuana in any form including, but not limited to, cigarettes, vapor, food products, or any other product of marijuana that can be smoked or ingested in any way.
“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.
“Party, gathering, or event” means a group of persons who have assembled or are assembling for a social occasion or social activity. (Ord. 503 § 3, 2019)
7.10.020 Consumption/ingestion of alcohol, marijuana and/or controlled substances by minor prohibited.
Except as permitted by state law, it is unlawful for any minor to:
A. Consume/ingest at any public place or any place open to the public any alcoholic beverage, marijuana and/or controlled substance; or
B. Consume/ingest at any place not open to the public any alcoholic beverage, marijuana and/or controlled substance, unless in connection with the consumption of an alcoholic beverage by a minor who is being supervised by his or her parent or legal guardian. (Ord. 503 § 3, 2019)
7.10.030 Hosting – Allowing a party, gathering, or event where minors consuming alcoholic beverages prohibited.
A. Except as permitted by Article 1, Section 4, of the California Constitution, it is unlawful for any person to permit, allow or host a party, gathering, or event at his or her place of residence or other private property, place, or premises under his or her control where three or more minors are present and alcoholic beverages, marijuana and/or controlled substances are being consumed/ingested by any minor.
B. This section does not apply to conduct involving the use of alcoholic beverages (i.e., religious rituals) which occurs exclusively between a minor child and his or her parent or legal guardian.
C. This section does not apply to any location or place regulated by the California Department of Alcoholic Beverage Control. (Ord. 503 § 3, 2019)
7.10.040 Protected activities.
The provisions of this chapter shall not apply to legally protected religious activities or gatherings of family or other activities specifically authorized under state law. (Ord. 503 § 3, 2019)
7.10.050 Prima facie evidence.
Whenever a person having control of private property is present at that property during a gathering when a minor obtains, possesses, consumes or ingests any alcoholic beverage, marijuana and/or controlled substance, it shall be prima facie evidence that the person knows or should have known that the minor obtained, possessed or consumed an alcoholic beverage, marijuana or controlled substance at the gathering. (Ord. 503 § 3, 2019)
7.10.060 Reservation of legal options.
The city of Solana Beach does not waive its right to seek reimbursement for actual costs of enforcement services associated with the enforcement of this chapter through other legal remedies or procedures. The procedures provided for in this chapter are in addition to any other statute, ordinance, or law. SBMC 7.10.020 and 7.10.030 in no way limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by those same sections, nor do they limit in any way the prosecution’s ability to initiate and prosecute a criminal prosecution for any violation of a criminal offense arising out of the same circumstances necessitating the application of those same sections. (Ord. 503 § 3, 2019)
7.10.070 Violation – Penalties.
A. Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor punishable to the fullest extent of the law up to and including a $1,000 fine and/or six months in jail.
B. In addition to criminal prosecution, when a gathering prohibited by this chapter 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. (Ord. 503 § 3, 2019)
Prior legislation: Ord. 313.