The City Council finds and determines that youth often obtain
alcoholic beverages, marijuana and/or controlled substances at parties
or other gatherings held at private residences or at rented residential
and commercial premises that are under the control of a person or
persons who knows or should know of the illegal conduct and fails
to stop it. The City Council further finds and determines that persons
who will be held responsible for abetting or tolerating such conduct
will be more likely to properly supervise or stop such parties or
gatherings on property under their control. It is the purpose of this
chapter to impose criminal liability on persons, who are aware, or
should be aware, of the illegal conduct yet fail to prevent it. It
is the further purpose of this chapter to impose civil liability for
the recovery of the costs of enforcement services and to provide for
the recovery of reasonable attorneys' fees in the event of litigation.
Most importantly, it is the purpose of this chapter to curtail the
consumption of alcohol, and/or ingestion of marijuana and/or controlled
substances by minors, in order to prevent the many adverse side effects
of consumption/ingestion of these products by minors, including juvenile
delinquency and victimization as well as adverse health effects.
(Ord. 2013-1142 § 2; Ord. 2019-1180 § 2)
Terms used in this chapter shall have the meaning given to them
by state law except as expressly provided herein.
"Adult"
means a person who is 21 years of age or older.
"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 of 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and Safety Code Section 11007, as may be amended or superseded, provided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
for has a valid prescription issued by a licensed medical practitioner
authorized to issue such a prescription.
"Enforcement services"
means the salaries and benefits of law enforcement officers
or other code enforcement personnel for the amount of time actually
spent in responding to, or in remaining at, the gathering; the administrative
costs attributable to the incident; the actual cost of any medical
treatment to injured law enforcement 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 gathering.
"Gathering"
means a party, gathering, or event, where a group of three
or more persons have assembled or are assembling for a social occasion
or social activity at a residence or premises.
"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 a person under the age of 21 years.
"Residence" or "premises"
means a hotel or motel room, home, yard, acreage, apartment,
condominium, other real property, or other dwelling unit, or a hall
or meeting room, whether occupied on a temporary or permanent basis,
whether occupied as a dwelling or for a party or other social function,
and whether owned, leased, rented, or used with or without compensation.
"Social host"
means a person who permits or allows a gathering where one
or more minors consume, is served or is in possession of one or more
alcoholic beverages, and/or possess or ingest any marijuana or marijuana
products and/or any controlled substance on property owned or controlled
by the person.
(Ord. 2013-1142 § 2; Ord. 2019-1180 § 2)
A. It shall
be the duty of any person having control of any residence or premises
who hosts, permits, or allows a gathering to take place at said residence
or premises to take all reasonable steps to prevent the consumption/ingestion
or possession of alcoholic beverages, marijuana and/or any controlled
substance by any minor at the gathering. Whenever the person having
control of the residence or premises either knows or should know a
minor has consumed/ingested, has been served or is in possession of
an alcoholic beverage, marijuana and/or any controlled substance at
the residence or premises in violation of this chapter, it is presumed
that the person had the ability to take all reasonable steps to prevent
the consumption/ingestion, service or possession of an alcoholic beverage,
marijuana and/or any controlled substance by a minor as set forth
in subsection (B)(2) of this section; it is further presumed that
the person has the ability to terminate the illegal conduct once it
is, or should reasonably have been, discovered.
B. It is
unlawful for any person who owns or has control of any residence or
premises to allow a gathering to take place or continue at the residence
or premises if:
1. At
the gathering, any minor consumes/ingests, is served or is in possession
of any alcoholic beverage, marijuana, and/or any controlled substance;
and
2. The
person knows or reasonably should know by taking all reasonable steps
to prevent alcoholic beverage, marijuana and/or controlled substance
consumption/ingestion by any minor, that a minor possesses or is consuming/ingesting
any alcoholic beverage, marijuana and/or controlled substance at the
gathering. Reasonable steps are:
a. Controlling access to alcoholic beverages, marijuana and/or controlled
substances at the gathering,
b. Controlling the quantity of alcoholic beverages, marijuana and/or
controlled substances present at the gathering,
c. Verifying the age of persons attending the gathering by inspecting
drivers' licenses or other government-issued identification cards
to ensure that persons under the age of 21 years do not consume/ingest
alcoholic beverages, marijuana and/or controlled substances while
at the gathering, and
d. Supervising the activities of minors at the gathering.
C. This
section does not apply to any location or place regulated by the California
Department of Alcoholic Beverage Control.
D. This
section shall not apply to conduct involving the use of alcoholic
beverages that occurs exclusively between a minor and his or her parent
or legal guardian, as permitted by Article I, Section 4, of the California
Constitution.
(Ord. 2013-1142 § 2; Ord. 2019-1180 § 2)
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 the alcoholic beverage that minor is being supervised by his or
her parent or legal guardian.
(Ord. 2013-1142 § 2; Ord. 2019-1180 § 2)
Whenever a person having control of a residence or premises is present at that residence or premises at the time that a minor possesses, consumes, or ingests any alcoholic beverage, marijuana and/or controlled substance thereon, it shall be prima facie evidence that such person had the knowledge or should have had the knowledge specified in Section
9.54.030(A) or (B)(2) of this chapter. This section affects the burden of producing evidence.
(Ord. 2013-1142 § 2; Ord. 2019-1180 § 2)
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. 2013-1142 § 2; Ord. 2019-1180 § 2)
When a gathering prohibited by Section
9.54.030 of this chapter occurs and a law enforcement 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 during the second or a follow-up response by law enforcement officers, after a first warning has been given to the person or persons having such control.
(Ord. 2013-1142 §2; Ord. 2019-1180 § 2)
The actual cost of enforcement services described in Section
9.54.070 of this chapter shall be deemed a debt owed to the City recoverable in a civil action, and shall be recoverable in a civil action, including reasonable attorneys' fees and costs.
(Ord. 2013-1142 § 2; Ord. 2019-1180 § 2)
A. All means of enforcement authorized under this code may be used to address violations of this chapter, including, but not limited to: criminal actions, civil penalties, nuisance abatement, civil actions, and administrative citations. Violations of Section
9.54.030 of this chapter may be charged as a misdemeanor in accordance with Chapter
1.12 of this code and shall be punishable to the fullest extent of the law including a $1,000.00 fine and/or six months in jail.
B. The City of Imperial Beach may further seek administrative fees and response costs associated with enforcement of Section
9.54.030 through all remedies or procedures provided by statute, ordinance, or law.
C. The
City of Imperial Beach 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 or private citizens
to make arrests for any criminal offense arising out of conduct regulated
by this chapter.
(Ord. 2013-1142 § 2; Ord. 2019-1180 §2)