These regulations shall be known as the "Social Host Liability."
(SCC 1458 § 1, 2010)
The terms used in this chapter shall have the following meanings:
A. "Alcohol"
means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
from whatever source or by whatever process produced.
B. "Alcoholic
beverage(s)" means any liquid 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 California
Vehicle Code Section 109, intoxicating liquor,
malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka,
cordials, gin, and brandy and any mixture containing one or more alcoholic
beverage. Alcoholic beverage includes a mixture of one or more alcoholic
beverages whether found or ingested separately or as a mixture.
C. "Gathering"
means any party, event or other meeting where a group of two or more
persons have assembled or are assembling for a social occasion or
social activity.
D. "Loud
or unruly gathering" means a gathering conducted in such a manner
as to constitute a substantial disturbance of the quiet enjoyment
of private property.
E. "Legal
guardian" means either a person who, by court order, is the guardian
of the minor; or a public or private agency with whom a minor has
been placed by the court.
F. "Minor"
or "underaged person" is any person under the age of 21 years.
G. "Owner"
means the owner of record of any private property, but excludes landlords,
property managers and similar owner agents of such private property,
with the sole exception of an owner who, whether on a temporary or
permanent basis, leases, rents, or allows the use of, such private
property by or to a family member for any purpose, with or without
compensation.
H. "Parent"
means a person who is a natural parent, adoptive parent, foster parent,
stepparent of the minor or who acts in loco parentis for a minor.
I. "Private
property" means any property, place or premises, whether occupied
on a temporary or permanent basis, whether occupied as a dwelling,
party or other social function, and whether owned, leased, rented
or used with or without compensation, including but not limited to
a home, yard, apartment, condominium, hotel or motel room, or other
dwelling unit, or a hall or meeting room.
J. "Response
costs" mean the costs associated with response by law enforcement
or other emergency response providers to a gathering, including, but
not limited to:
1. Salaries
and benefits of law enforcement, or other emergency response personnel
for the amount of time spent responding to, remaining at, or otherwise
dealing with a gathering, including, but not limited to, the administrative
cost associated with or attributed to such response;
2. The
cost of any medical treatment for any law enforcement or other emergency
response personnel injured responding to, remaining at, or leaving
the scene of a gathering;
3. The
cost of using any County equipment in responding to, remaining at,
or leaving the scene of a gathering;
4. The
cost of repairing any County equipment or property damaged during
the course of any responding to, remaining at, or otherwise dealing
with a gathering;
5. Any
other costs related to enforcement of this chapter.
K. "Responsible
person(s)" means a person or persons with a right of possession in
the private property including, but not limited to:
1. An
owner of the private property;
2. A
tenant or lessee of the private property;
3. The
person(s) in charge of the private property;
4. The
person(s) who organizes, supervises, officiates, conducts or controls
the gathering or any other person(s) accepting responsibility for
such a gathering or, if such person is a minor, then the parent or
guardian of such minor.
L. "Social
host" means a person who knowingly hosts, permits or allows a gathering
to take place on private property owned or controlled by the person
and the person knows or reasonably should have know that the minor
is consuming, or has consumed, an alcoholic beverage at such gathering.
(SCC 1458 § 1, 2010)
Except as may be permitted by Federal or State law, it shall be unlawful for any minor to consume any alcoholic beverage at any place not open to the public, except as provided in Section
6.140.080.
(SCC 1458 § 1, 2010)
Sections
6.140.040 and
6.140.050 shall not apply to a parent or legal guardian who provides an alcoholic beverage at a family gathering to a minor under the parent or legal guardian's care or to any person who provides an alcoholic beverage to a minor as part of a legally protected religious activity.
(SCC 1458 § 1, 2010)
Any law enforcement officer or other emergency response provider who determines that a violation of Section
6.140.050 has occurred, shall have the authority to direct the responsible person(s) to immediately disperse the gathering, or if the officer is unable to identify immediately the responsible person(s), to command all those attending the gathering to disperse immediately.
(SCC 1458 § 1, 2010)
Whenever a responsible person(s) is present during a gathering
when a minor consumes, or has consumed, any alcoholic beverage, it
shall be prima facie evidence that the person knew or should have
known that the minor was consuming, or had consumed, an alcoholic
beverage at the gathering.
(SCC 1458 § 1, 2010)
Each incident in violation of Sections
6.140.040 and
6.140.050 shall constitute a separate offense.
(SCC 1458 § 1, 2010)
The Sheriff is authorized to administer and enforce this chapter.
(SCC 1458 § 1, 2010)
As an alternative to punishment as an infraction, the Sheriff
may assess an administrative monetary penalty pursuant to California
Government Code Section 53069.4. Administrative penalties shall be
assessed in accordance with the procedures set forth in this subsection.
Unless otherwise stated, administrative monetary penalties shall be
the maximum amounts specified in
Government Code Section 25132.
A. Notice
of Violation. When a violation of any of the provisions of this chapter
is identified, the Sheriff shall issue a notice of violation to the
responsible person(s). The notice shall contain the following information:
(1) date, approximate time, and address or definite description of
the location where the violation(s) occurred; (2) the code section
violated and a description of the violation; (3) the amount of the
monetary penalty for the violation(s); (4) an explanation of how the
penalty shall be paid, the time period by which it shall be paid,
and the place to which the penalty shall be paid; (5) identification
of rights of appeal, including the time within which the notice may
be contested and the place to obtain a notice of appeal and request
for hearing form to contest the notice of violation; and (6) the name
and signature of the citing officer and, if possible, the signature
of the responsible person(s). A single notice of violation may charge
a violation for the violation of one or more code sections.
B. Service
of Notice of Violation. The Sheriff shall impart notice to the responsible
person(s) of the violation in the following manner:
1. Personal
Service. The Sheriff shall attempt to locate and personally serve
the responsible person(s) and, if possible, obtain the signature of
the responsible person(s) on the notice of violation. If the responsible
person served refuses or fails to sign the notice, the failure or
refusal to sign shall not affect the validity of the notice or of
subsequent proceedings.
2. Mail.
If, for any reason, the Sheriff is unable to personally serve the
notice of violation on the responsible person(s), the notice shall
be mailed to the responsible person(s) by certified mail, postage
prepaid with a requested return receipt. Concurrently, the citation
shall be sent by regular mail. Service by mail shall be sent to the
responsible person(s)'s address as shown on public records or as known
by the County. If the notice is sent by certified mail and returned
unsigned, then service shall be deemed effective by regular mail,
provided the notice sent by regular mail is not returned by the post
office. Service by mail shall be effective on the date of mailing.
3. The
failure of any responsible person(s) to receive any notice served
in accordance with this section will not affect the validity of any
proceedings taken under this chapter.
C. Satisfaction
of Notice of Violation.
1. Upon
receipt of a notice of violation, the responsible person(s) must pay
the administrative penalty to the Sheriff.
2. If
a responsible person fails to pay the administrative penalty, the
responsible person(s) shall pay the accrued penalty amount to the
Sheriff.
D. Appeal.
1. Any
recipient of a notice of violation may contest that there was a violation
of this chapter, or that he or she is the responsible person(s) by
completing a notice of appeal and request for hearing form and filing
it with the Sheriff within 15 calendar days from the date of issuance
of the notice, together with an advance deposit of the total amount
of the monetary penalty. Any appeal of the notice of violation must
include a detailed written explanation of the grounds for appeal.
2. Any
penalty amount that has been deposited in advance shall be refunded
if it is determined, after a hearing, that the person charged in the
notice of violation was not responsible for the violation(s) or that
there was no violation(s) as charged in the notice of violation.
3. The
failure to submit a timely and complete request for hearing will terminate
a person's right to contest the notice of violation and result in
a failure to exhaust administrative remedies, and the order of the
notice of violation will serve as a formal determination and conclusive
evidence of the named responsible person(s)'s liability.
E. Hearing
Officer. The County Hearing Officer shall conduct the administrative
hearing.
F. Hearing
Procedure. The following rules shall apply to the conduct of a hearing
under this section:
1. No
hearing to contest an administrative penalty before a Hearing Officer
shall be held unless and until a notice of appeal and request for
hearing form has been completed and timely filed, and the total amount
of the penalty has been timely deposited in advance with the Sheriff;
2. The
hearing before the Hearing Officer shall be set for a date that is
not less than 15 and not more than 60 calendar days from the date
that the notice of appeal and request for hearing form is filed in
accordance with the provisions of this section. The person requesting
the hearing shall be notified of the time and place set for the hearing
at least 10 calendar days prior to the date of the hearing;
3. The
Hearing Officer shall only consider evidence relevant to whether the
violation(s) occurred and whether the person filing the appeal is
the responsible person;
4. The
person contesting the administrative penalty shall be given the opportunity
to testify and present witnesses and evidence concerning the alleged
violation;
5. The
failure of any recipient of a notice of violation to appear at the
hearing or, in the alternative, to present written or demonstrative
evidence shall constitute an admission of the violation by the recipient
and an admission that the amount of the administrative penalty is
appropriate as well as a failure to exhaust administrative remedies
that may bar judicial review;
6. The
notice of violation and any additional documents submitted by the
Sheriff shall constitute prima facie evidence of the respective facts
contained in those documents;
7. If
the Sheriff submits an additional written report concerning the alleged
violation to the Hearing Officer for consideration at the hearing,
then a copy of this report also shall be served by first class mail
on the person requesting the hearing at least five days prior to the
date of the hearing;
8. At
least 10 days prior to the date of the hearing, the recipient of a
notice of violation shall be provided with copies of the notices,
reports and other documents submitted or relied upon by the Sheriff.
No other discovery is permitted. Formal rules of evidence shall not
apply;
9. The
Hearing Officer may continue the hearing and request additional information
from the Sheriff or the recipient of the notice of violation prior
to issuing a written decision;
10. The Hearing Officer is not required to provide transcripts of hearings,
but is required to make available tapes of hearings for a fee.
G. Hearing
Officer's Decision.
1. After
considering all of the testimony and evidence submitted at the hearing,
the Hearing Officer shall issue a written decision within 10 days
of the date of the hearing to uphold or cancel the notice of violation
and shall list in the decision the reasons for that decision. The
decision of the Hearing Officer shall be final;
2. If
the Hearing Officer determines that the notice of violation should
be upheld, then the Sheriff shall retain the penalty amount, including
any fee that is the subject of the notice of violation, on deposit
with the Sheriff;
3. If
the Hearing Officer determines there has been no violation and the
penalty was deposited with the Sheriff, then the Director shall promptly
refund the amount of the deposited penalty;
4. The
recipient of the notice of violation shall be served with a copy of
the Hearing Officer's written decision.
H. Right
to Judicial Review. Any person aggrieved by the administrative decision
of the Hearing Officer may obtain review of the administrative decision
by filing a petition for review with the Sacramento County Superior
Court in accordance with the timelines and provisions as set forth
in California
Government Code Section 53069.4.
(SCC 1458 § 1, 2010)