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.
"Control of a premises"
shall be deemed to be vested in both the owners and the tenants of that premises.
"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)