"Alcohol"
means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
"Alcoholic beverages,"
for the purposes of this chapter, includes 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 consumption either alone or when diluted, mixed or combined with other substances.
"Control"
means any form of dominion, including, but not limited to, ownership, tenancy or other possessory right.
"Controlled substances or illegal drugs"
shall include all narcotics or drugs, the possession of which is illegal under the laws of the State of California as defined under the Penal Code, Health and Safety Code, and related statutes.
"Guardian"
means (1) a person who, under court order, is the guardian of the subject juvenile, or (2) a public or private agency with which the court has placed the subject juvenile.
"Marijuana"
means all parts, as a whole or in part, of the cannabis plant, whether the plant is still growing or not, the seeds thereof, and/or the resin extracted from the cannabis plant and every compound, derivative and/or preparation of the cannabis plant in any form. The prohibition contained in this chapter includes marijuana in any form, including, but not limited to, cigarettes, vapor, food products and/or any other form where the marijuana can be smoked and/or consumed in any way.
"Minor"
means any person under the age of 21.
"Parent"
means a person who is a natural parent, adoptive parent, or stepparent of the subject minor.
"Party, gathering or event"
means a group of persons who have assembled or are assembling for a party, social occasion or social activity.
"Person responsible for the party, gathering or event"
includes, but is not limited to: (1) the person(s) who owns, rents, leases, or otherwise has control of the premises where the party, gathering or event takes place; (2) the person(s) in charge of the premises; or (3) the person(s) who organized the event.
"Premises"
means any residence or other private property, place, or premises including any commercial or business premises.
(Ord. CS-053 § 1, 2009; Ord. CS-366 § 2, 2019)
Except as permitted by state law, no minor shall:
A. 
Consume and/or ingest in any public place or any place open to the public any alcoholic beverage, marijuana, controlled substance and/or any combination of said substances; or
B. 
Consume and/or ingest in any place not open to the public any alcoholic beverage, marijuana, controlled substance and/or any combination of said substances.
(Ord. CS-053 § 1, 2009; Ord. CS-366 § 3, 2019)
A. 
It is unlawful for any person having control of any premises to knowingly suffer, permit, allow, or host a party, gathering, or event at said premises where three or more persons are present whenever the person having control of the premises either knows a minor consumed an alcoholic beverage, marijuana and/or a controlled substance or reasonably should have known that a minor consumed an alcoholic beverage, marijuana and/or controlled substance. For purposes of this subsection, a person reasonably should have known that a minor consumed an alcoholic beverage, marijuana and/or a controlled substance if that person did not take reasonable steps to prevent the consumption of an alcoholic beverage, marijuana and/or controlled substance by a minor as set forth in subsection B of this section. This section shall not apply to conduct involving the use of alcohol which occurs exclusively between a minor child and his or her parent or legal guardian, as permitted by Article 1, Section 4 of the California Constitution, or conduct which is otherwise permitted under state or federal law.
B. 
Reasonable steps include controlling access to alcoholic beverages and/or controlled substances and/or marijuana at the party, gathering or event when minors are present; controlling the quantity of alcoholic beverages and/or marijuana and/or controlled substances at the party, gathering or event when minors are present; verifying the age of persons attending the party, gathering or event by inspecting driver's licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages, marijuana and/or controlled substances while at the party, gathering or event; and supervising the activities of minors at the party, gathering or event.
(Ord. CS-053 § 1, 2009; Ord. CS-366 § 4, 2019)
A. 
Except as otherwise provided in subsection B of this section, any person violating any provision of this chapter is guilty of a misdemeanor punishable by a fine of $1,000.00 or by imprisonment for a period of not to exceed six months, or by both fine and imprisonment.
B. 
Notwithstanding any provision to the contrary, the City Attorney shall have the discretion to reduce to an infraction any act made unlawful pursuant to subsection A of this section, if the City Attorney determines such a reduction is warranted in the interest of justice. The factors the City Attorney may consider in determining whether to reduce the charge to an infraction, include but are not limited to, the following:
1. 
The number of persons attending the party, gathering or event.
2. 
The number of minors attending the party, gathering or event.
3. 
The source of the alcoholic beverages or controlled substances.
C. 
Penalties for a violation of this chapter shall supersede the penalties set forth in Section 1.08.010 of this code.
(Ord. CS-053 § 1, 2009)
A. 
When any party, gathering or event occurs on private property as described in Section 8.45.030 and a police officer at the scene determines that there is a threat or detriment to the public peace, health, safety or general welfare, the person(s) responsible for the party, gathering or event shall be liable for the actual cost of enforcement services provided during a response by the law enforcement personnel.
B. 
The actual cost of the law enforcement services, described in Section 8.45.030, shall be deemed a debt owed to the city by the responsible person for the party, gathering or event.
C. 
For the purpose of this section, the following definitions shall apply:
"Actual costs"
include the salaries of the police officers for the amount of time actually spent in responding to or remaining at the party, gathering or event, at a rate established by the City Manager plus the actual cost of any medical treatment to injured city employees and the cost of repairing any damaged city equipment or property.
"Responsible person"
is the person or persons who own the property where the party takes place or who are in charge of the premises or who organized the party, gathering or event. If the responsible person is a person under the age of 18, then that person's parents or guardians will jointly and severally be liable for the actual costs.
D. 
If the police are required to make a response to a party, gathering or event, then the city shall compute the costs of such response. A bill for the costs incurred by the city for its response shall be prepared and delivered to the responsible person who shall be liable for its payment. The amount of the charge shall be deemed a debt to the city of the responsible person who shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorney's fees and costs.
E. 
The City Manager is authorized to adopt appropriate procedures for billing and other matters necessary for the administration of this section.
F. 
Any person aggrieved by any decision of the City Manager to bill for costs of a response may appeal to the City Council by filing a notice of appeal with the City Clerk within 15 days of the date of the billing. Failure to file an appeal shall be deemed a waiver of the appellant's right to contest the bill for costs. Upon the filing of such request, the City Clerk shall set a time and place for the hearing and shall notify the appellant thereof. At the hearing, any person may present evidence in opposition to or in support of the appellant's case. At the conclusion of the hearing, the City Council may affirm, reverse or modify the decision and the decision of the City Council shall be final.
(Ord. CS-152 § 1, 2011)
If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional.
(Ord. CS-053 § 1, 2009)
The City of Carlsbad 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 statutory authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this chapter.
(Ord. CS-053 § 1, 2009)