The purpose and intent of this chapter are:
A. To reduce
the consumption of alcoholic beverages by underage persons;
B. To protect
public health, safety, general welfare and quiet enjoyment of properties
neighboring the locations of parties, gatherings, or events at which
underage persons are served and consume alcoholic beverages;
C. To establish
a duty of persons having control over any premises, who knowingly
host, permit or allow a gathering at the premises, to take reasonable
steps to prevent the service to and consumption of alcoholic beverages
by underage persons;
D. To address
the inadequate supervision of parties, gatherings, or events on private
property resulting in behavior that constitutes a threat to the peace,
health, safety, and/or general welfare of the public;
E. To address
the problem of responsible persons or hosts of parties, gatherings
or events who fail to ensure that alcoholic beverages are not consumed
by underage persons. Responsible persons or hosts of parties, gatherings,
or events will be more likely to properly supervise such activities
and prevent or stop the consumption of alcohol by underage persons
if the responsible persons or hosts are held responsible for enabling
or tolerating such conduct.
(2831 § 1, 2013)
The following words, phrases and terms as used in this chapter
shall have the meaning as indicated below:
"Alcohol"
means ethyl alcohol, hydrated oxide of ethyl or spirits of
wine from whatever source or by whatever process produced.
"Alcoholic beverage"
means alcohol, spirits, liquor, wine, beer and every liquid
or solid containing alcohol, spirits, 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. Whenever the term alcoholic beverage is used
in this chapter, it shall be deemed as to include any portion of such
alcoholic beverage.
"Juvenile"
means any person less than 18 years of age.
"Legal guardian"
means a person who, by court order, is the guardian of another
person.
"Owner"
means the owner of record of any private property, but excludes
landlords, property managers and similar owner agents not living at,
occupying or otherwise exercising control over all or a portion of
the premises on which a party, gathering, or event occurs. Notwithstanding
the foregoing, an owner who, whether on a temporary or permanent basis,
leases or rents to or otherwise allows the use of such private property
by a family member for any purpose, with or without compensation,
shall be deemed to be an owner.
"Parent"
means a person who is a natural parent, adoptive parent,
foster parent, step-parent of another or who otherwise acts in loco
parentis for another.
"Party, gathering, or event"
means a group of two or more persons who have assembled or
are assembling for a social occasion or social activity at a residence
or on other private property, whether such residence or private property
is owned, leased, rented or used, with or without compensation.
"Private property" or "premises"
means any real property, place or location, whether occupied
on a temporary or permanent basis, whether occupied as a dwelling,
business or for a party or other social function, and whether owned,
leased, rented or used with or without compensation, including but
not limited to a home, residence, yard, apartment, condominium, hotel
or motel room, other dwelling unit, hall or meeting room and any commercial,
business or industrial real property.
"Responsible person" or "host"
means any of the following:
1.
Any person that owns, rents, leases or otherwise has charge
or control of a premises where a party, gathering, or event occurs.
2.
Any person present at a party, gathering, or event who provides
an alcoholic beverage to anyone under the age of 21 years for consumption
by such underage persons.
3.
Any person present at a party, gathering, or event who receives
money or other consideration for granting access to the party, gathering,
or event.
4.
Any person who hosts, organizes, supervises, officiates, conducts,
controls, or willingly accepts responsibility for a party, gathering,
or event.
(2831 § 1, 2013)
Section
8.86.030 shall not apply to the following:
A. Conduct
involving the consumption of alcoholic beverages exclusively between
an underage person and his or her parent or legal guardian.
B. A person
who provides an alcoholic beverage to an underage person and an underage
person who consumes an alcoholic beverage as part of a legally protected
religious activity.
C. Conduct
protected under the United States and/or California Constitutions.
D. Any
California Department of Alcoholic Beverage Control licensee at any
premises regulated by the Department of Alcoholic Beverage Control
or any other conduct regulated by federal and/or state laws or regulations,
including but not limited to the California Alcoholic Beverage Control
Act, in such a manner that the City is preempted or precluded from
imposing additional regulations.
E. A responsible
person or host who seeks assistance from law enforcement to (1) remove
any person who refuses to abide by the host's performance of duties
imposed by this chapter or (2) terminate the party, gathering or event
because the host has been unable to prevent underage persons from
consuming alcoholic beverages, or being served alcoholic beverages
for consumption, despite having taken reasonable steps to do so, as
long as such request is made before any other person makes a complaint
to the Police Department or other City personnel about the party,
gathering, or event.
(2831 § 1, 2013)