The purpose of this chapter is to protect the public health,
safety and general welfare in two ways. First, the chapter enhances
the ability of law enforcement to deter the consumption of alcohol,
marijuana or other controlled substances by minors. Second, the chapter
reduces the costs of providing police services to parties, gatherings
or events requiring a response by requiring hosts to ensure minors
are not consuming alcoholic beverages, marijuana or other controlled
substances.
(Code 1980, § 9.33.010; Ord. No. 835, § 1, 11-3-2010)
The words and phrases used in this chapter have the meanings
as set forth below:
"Alcoholic beverage"
shall have the same meaning as in Business and Professions
Code § 23004, or any successor section.
"Controlled substance"
means a drug or substance whose possession and use are regulated
under the California Uniform Controlled Substances Act, Health and
Safety Code § 11000 et seq., or any successor statute. Such
term shall not include any drug or substance otherwise legally possessed
or consumed.
"Guardian"
means:
A.
A person who, under court order, is the guardian of a minor;
or
B.
A public or private agency with whom a minor has been placed
by a court.
"Minor"
means any person less than 21 years of age.
"Parent"
means a person who is a natural parent, adoptive parent,
or step-parent of a minor.
"Party"
is a party, gathering, or event where a group of three or
more persons have assembled or are assembling for a social occasion
or for a social activity.
(Code 1980, § 9.33.020; Ord. No. 835, § 1, 11-3-2010; Ord. No. 870 (Recodification),
2014)
A. It is
unlawful for a person having control of any premises to host, permit,
or allow a party to take place at the subject premises, where:
1. At
least one minor consumes an alcoholic beverage, marijuana or other
controlled substance; and
2. The
person having control of the premises did not employ any reasonable
method to prevent minors from consuming alcoholic beverages, marijuana
or other controlled substances at the party.
B. Employing
a reasonable method to prevent the consumption of alcoholic beverages,
marijuana or other controlled substances by any minor at a party includes,
but is not limited to:
1. Controlling
access to alcoholic beverages, marijuana or other controlled substances
at the party;
2. Verifying
the age of persons attending the party by inspecting drivers licenses
or other government-issued identification cards to ensure that minors
do not consume alcoholic beverages, marijuana or other controlled
substances while at the party; or
3. Supervising
the activities of minors at the party.
C. A person
who hosts, permits or allows a party shall not be in violation of
this chapter if he or she seeks immediate assistance from the Rancho
Cucamonga Police Department or other law enforcement agency to remove
any person who refuses to abide by the hosts' performance of
the duties imposed by this section or to terminate the party because
the host has been unable to prevent minors from consuming or possessing
alcoholic beverages, marijuana or controlled substances despite having
taken all reasonable steps to do so, as long as such request is made
before any other person makes a complaint about the party.
D. This
section shall not apply to any location or place regulated by the
California Department of Alcohol and Beverage Control.
E. This
section shall not apply to conduct involving the use of alcoholic
beverages that occurs between a minor and his or her parents or guardians.
(Code 1980, § 9.33.030; Ord. No. 835, § 1, 11-3-2010; Ord. No. 870 (Recodification),
2014)