The following words and phrases, whenever used in this chapter,
shall have the meaning and be construed as defined in this section.
Any minor child under the age of 18 years.
Any person under the age of 21 years.
A group of two or more persons who have assembled or are
assembling for a social occasion or a social activity.
Includes, but is not limited to:
The person who owns, rents, leases, or otherwise has control
or is in charge of the premises where the party, gathering, or event
takes place, irrespective of whether such person knew of the event
or knew or intended that alcohol beverages would be possessed or consumed
by minors during the party, gathering, or event;
The person who organized the party, gathering, or event; or
If the person who organized the party, gathering, or event is
a juvenile, then both the parents (or legal guardians) of that juvenile
and the juvenile shall be considered "persons" and, as such, shall
be jointly and severally liable for the civil penalties imposed pursuant
to this chapter, irrespective of whether the parent(s) (or legal guardians)
knew of the party, gathering, or event, or knew or intended that alcohol
beverages would be possessed or consumed by minors at the party, gathering,
or event.
(Ord. 5457, 2008)
A.
Unlawful
Gatherings. No person shall permit, allow, or host a party, gathering,
or event at his or her place of residence (or other private real property
under his or her ownership or control) where alcoholic beverages are
in the possession of, or consumed by, any minor.
B.
Host
Presumption. It is presumed that the owner of the private real property
on which the party, gathering, or event occurs is a person who has
permitted, allowed, or hosted the party, gathering or event, unless
the private real property is rented, in which case it is presumed
that the tenant has permitted, allowed, or hosted the party, gathering,
or event.
C.
Public
Nuisance. It is hereby declared to be a public nuisance for any person
to permit, allow, or host a party, gathering, or event at his or her
place of residence (or other private real property under his or her
ownership or control) where alcoholic beverages are in the possession
of, or are being consumed by, any minor.
(Ord. 5457, 2008)
A.
Violation. Any person who permits, allows, or hosts a party, gathering, or event at his or her place of residence (or other private property under his or her control) where alcoholic beverages are in the possession of, or are being consumed by, any minor in violation of this chapter shall be liable and responsible for, and shall pay to the City, civil penalties in the amount specified in subsection B below. Such civil penalties shall be imposed and collected in the manner specified in Chapter 1.25 of this code.
B.
Civil
Penalties.
1.
A
first violation of this chapter shall make the person responsible
for the violation liable for a civil penalty of $1,000.00; provided
however, the civil penalty for such responsible persons who are first
time offenders of this chapter may be waived upon submission of proof
of completion, within 120 days of receipt of notice of the violation,
of a City-recognized alcohol counseling program, such as teen court
or an alcohol rehabilitation or education program, as such programs
may be designated in writing by the City Administrator of the City
from time to time.
2.
A
second violation of this chapter by the same responsible person shall
make the person responsible for the violation liable for a civil penalty
of $2,000.00; provided however, the civil penalty for such responsible
persons who are second time offenders of this chapter may be reduced
to $1,000.00 upon submission of proof of completion, within 120 days
of receipt of notice of the violation, of a City-recognized counseling
program, such as teen court or an alcohol rehabilitation or education
program, as such programs may be designated in writing by the City
Administrator of the City from time to time.
3.
A
third or subsequent violation of this chapter by the same responsible
person shall be punishable by a civil penalty of $2,000.00.
C.
If a
responsible person wishes to have a civil penalty waived or reduced
pursuant to paragraphs B.1 or B.2 above, the responsible person shall
submit to the City Administrator evidence of enrollment in a recognized
counseling or rehabilitation program within four weeks of receipt
of notice of the violation. Furthermore, if the counseling or rehabilitation
program lasts longer than four weeks, the responsible person shall
submit evidence of continued enrollment every two weeks until completion
of the program.
(Ord. 5457, 2008)
The remedy provided under this chapter is cumulative, and shall
not restrict the City to any other remedy to which it is entitled
under law or equity. Nothing in this chapter shall be deemed to preclude
the imposition of any criminal penalty under state law or the municipal
code. Nor shall anything in this chapter be deemed to conflict with
any penalty or provision under state law, or to prohibit any conduct
authorized by the state or federal constitution.
(Ord. 5457, 2008)
