The city council of the city of Rio Vista makes the following findings concerning minors' consumption of alcohol, cannabis, or controlled substances:
A. 
Minors may obtain, possess, or consume alcohol, cannabis, and/or controlled substances at gatherings under the control of a person who knows or should know of the conduct, yet fails to stop it.
B. 
Consumption of alcohol, cannabis, and/or controlled substances by minors poses an immediate threat to the public health, safety and welfare in that they may increase substance abuse by minors, physical altercations, crimes, or accidental injury, all of which may require intervention by local law enforcement.
C. 
Law enforcement responses to gatherings involving underage consumption of alcohol, cannabis, and/or controlled substances frequently require the use of extensive resources. Further, when law enforcement personnel respond to disturbances at gatherings, it limits their ability to respond to other service calls in the community, thereby placing the community at increased risk.
D. 
The prohibitions found in this chapter are reasonable and expected to deter consumption of alcohol, cannabis, and/or controlled substances by minors by holding people who encourage, are aware, or should be aware of the illegal consumption responsible for failing to prevent the unlawful consumption.
E. 
It is the purpose and intent of this chapter to protect the public peace, health, safety, and general welfare of people and premises in the city, including the quiet enjoyment of property, by enhancing the ability of law enforcement to deter the consumption of alcohol, the smoking or consumption of cannabis, and the use of other controlled substances by minors. This chapter is not intended to interfere with a medical cannabis patient's right to use cannabis as authorized by state cannabis laws.
(Ord. 004-2020 § 3)
For the purposes of this chapter, the following words and phrases, unless the context otherwise requires, shall have the following meanings:
"Administrative hearing"
means a meeting where parties may provide facts, evidence, and arguments to support their position to hearing officers. For the purposes of this chapter, the hearing officers are the city manager or designee.
"Alcohol"
means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. Alcohol also means beverages containing 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.
"Cannabis"
has the same meaning as the definition in Chapter 17.70 of the municipal code.
"Controlled substances"
means the same as "controlled substances" defined in Health and Safety Code Section 11007.
"Enforcement services"
means the actual cost associated with police officers, firefighters, paramedics, ambulance service personnel, and/or other code enforcement personnel responding to a gathering, administrative costs, actual personnel medical costs arising from the gathering, and actual use and repair costs of any city equipment and property arising from the gathering.
"Gathering"
means a party or event of two or more persons on private or public property.
"Minor"
means any person under 21 years of age.
"Person responsible"
means the person who knew or should have known of the gathering, including, but not limited to: (1) the person(s) who owns, rents, leases, manages, or otherwise has control of the gathering premises, (2) the person(s) who organized the gathering, and (3) the person(s) who furnished alcohol, cannabis, or controlled substances present at the gathering. A person responsible is not required to be present at the gathering.
(Ord. 004-2020 § 3)
Except as permitted by Article 1, Section 4, of the California Constitution, it is hereby declared to be unlawful, a public nuisance, and a violation of this chapter for any person to permit, allow, or host a gathering that involves alcohol consumption, cannabis use, or use of a controlled substance by a minor, where the person knows or has reason to know that a minor has obtained, possesses, or is consuming alcohol, cannabis, or a controlled substance.
A. 
Any person responsible is required to take reasonable steps to prevent alcohol, cannabis, or controlled substances from being consumed by or served to a minor at a gathering. Reasonable steps may include, but are not limited to, controlling access to alcohol, cannabis, and controlled substances; verifying the age of persons attending the event; and supervising the activities of minors at the gathering.
B. 
This section shall not apply where alcohol is provided exclusively to a minor by his or her parent or legal guardian.
C. 
This section shall not apply to the smoking or consumption of cannabis by a medical cannabis patient authorized to engage in the use of medical cannabis with an identification card in accordance with Health and Safety Code Section 11362.5.
(Ord. 004-2020 § 3)
When a gathering occurs as described in Section 9.08.030 and a police officer or other code enforcement officer determines that there is a threat to the public peace, health, safety, and general welfare of people and premises, any person responsible for the gathering may be liable for the cost of enforcement services delivered to the gathering. The chief of police or designee may issue a notice of a violation of this section by issuing a citation within 30 days of the violation to any and all persons responsible. The citation shall state the civil fine and enforcement services fee imposed and give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting a hearing. An administrative hearing may be held in accordance with the procedures set forth in Chapter 8.16.
(Ord. 004-2020 § 3)
Whenever a person permits, allows, or hosts a gathering that involves alcohol consumption, cannabis use, or use of a controlled substance by a minor, it shall be prima facie evidence that the person knew or should have known that the minor obtained, possessed, or consumed alcohol, cannabis or a controlled substance.
(Ord. 004-2020 § 3)
The total civil fine for violation of this chapter and the cost of the enforcement services may be deemed a debt owed to the city by the person responsible. Any person owing such a debt may be liable in an action brought in the name of the city for recovery of the same.
A. 
Civil Fine Fee.
1. 
The first violation may result in a citation with a one hundred dollar ($100.00) fine.
2. 
A second violation may result in a citation with a two hundred dollar ($200.00) fine.
3. 
A third violation may result in a citation with a three hundred dollar ($300.00) fine.
4. 
Any subsequent violation may result in a citation with a five hundred dollar ($500.00) fine for each violation.
B. 
Enforcement Services Fee.
1. 
The enforcement services fine shall be separate from any civil fine imposed for violation of this chapter.
2. 
The city manager or designee shall notify any responsible party of their liability for the cost of enforcement services, which shall be itemized by the city to reflect the actual costs incurred by the city.
C. 
The city manager or designee may consider the facts of each case and, in lieu of the civil fine and enforcement services fee, allow community service work on behalf of the city, and/or training, counseling, or classes that are relevant to the purpose of this chapter.
(Ord. 004-2020 § 3)
The city 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 to make arrests for any criminal offense arising out of conduct regulated by this chapter.
(Ord. 004-2020 § 3)