The city council finds and determines that youth often obtain alcoholic beverages or possess and use marijuana or controlled substances at parties or other gatherings held at private residences or at rented residential and commercial premises which are under the control of a person or persons who knows or should know of the illegal conduct and fails to stop it. The city council further finds and determines that persons who will be held responsible for abetting or tolerating such conduct will be more likely to properly supervise or stop such parties or gatherings on property under their control. It is the purpose of this chapter to impose criminal liability on persons who are aware of, or should be aware of, the illegal conduct yet fail to prevent it. It is the further purpose of this chapter to impose civil liability for the recovery of the costs of enforcement services and to provide for the recovery of reasonable attorney fees in the event of litigation.
(Ord. 5099 § 2, 2020)
Terms used in this chapter shall have the meaning given to them by state law except as expressly provided herein.
"Adult"
shall mean a person who is twenty-one years of age or older.
"Alcoholic beverage"
shall mean 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 Section 23004 of the Business and Professions Code, and which contains 1% or more of alcohol by volume; any intoxicating liquor; any malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy; and any mixture containing one or more alcoholic beverages. Alcoholic beverage includes a mixture of one or more alcoholic beverages whether found or ingested separately or as a mixture.
"Control"
shall mean any form of dominion including ownership, tenancy, or other possessory right.
"Controlled substance"
shall mean a drug or substance whose possession and use is regulated under the schedules set out in California Health & Safety Code Section 11007 and includes, without limitation, "synthetic stimulants" and "synthetic cannabinoids" as those terms are defined in Sections 8.30.020(a) and (b) of this code. Such term does not include any drug or substance for which the individual found to have possessed or consumed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such prescription.
"Enforcement services"
shall mean the salaries and benefits of police officers or other code enforcement personnel for the amount of time actually spent in responding to, or in remaining at, the gathering; the administrative costs attributable to the incident; the actual cost of any medical treatment to injured police officers or other code enforcement personnel; the cost of repairing any damaged city equipment or property; and the cost arising from the use of any damaged city equipment in responding to or remaining at the gathering.
"Gathering"
shall mean a party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity at a residence or premises.
"Marijuana"
shall mean cannabis and cannabis products as described in California Health and Safety Code Sections 11018 and 11018.1, and includes, without limitation, in leaf form, including flowers from the female plant; in edible or drinkable forms, including as an additive to consumable products; the oils and resins of marijuana; or in pills or other ingestible products.
"Minor"
shall mean a person under the age of twenty-one years.
"Residence or premises"
shall mean a hotel or motel room, home, yard, apartment, condominium, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or other social function, and whether owned, leased, rented, or used with or without compensation.
"Social host"
shall mean a person who permits a gathering where one or more minors consume one or more alcoholic beverages on property owned or controlled by the persons.
(Ord. 5099 § 3, 2020)
A. 
It shall be the duty of any person having control of any residence or premises, who knowingly hosts, permits, or allows a gathering to take place at said residence or premises to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana, or controlled substances by any minor at the gathering. Whenever the person having control of the residence or premises either knows or should know a minor has consumed an alcoholic beverage, marijuana, or controlled substance at the residence or premises in violation of this chapter it is presumed that the person had the ability to take all reasonable steps to prevent the consumption of an alcoholic beverage, marijuana, or controlled substances by a minor as set forth in subsection (B)(2) of this section; it is further presumed that the person has the ability to terminate the illegal conduct once it is, or should reasonably have been, discovered.
B. 
No person who owns or has control of any residence or premises shall knowingly allow a gathering to take place or continue at the residence or premises if:
1. 
At the gathering any minor possesses or consumes any alcoholic beverage, marijuana, or controlled substance; and
2. 
The person knows or reasonably should know by taking all reasonable steps to prevent alcoholic beverage, marijuana, or controlled substance consumption by any minor, that a minor possesses or is consuming any alcoholic beverage, marijuana, or controlled substance at the gathering. Reasonable steps are: (a) controlling access to alcoholic beverages, marijuana, or controlled substances at the gathering; (b) controlling the quantity of alcoholic beverages, marijuana, or controlled substances present at the gathering; (c) verifying the age of persons attending the gathering by inspecting drivers' licenses or other government-issued identification cards to ensure that persons under the age of twenty-one years do not consume alcoholic beverages or marijuana while at the gathering; and (d) supervising the activities of minors at the gathering.
C. 
This section does not apply to any location or place regulated by the California Department of Alcoholic Beverage Control.
D. 
This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian, as permitted by Article I, Section 4, of the California Constitution.
(Ord. 5099 § 4, 2020)
Whenever a person having control of a residence or premises is present at that residence or premises at the time that a minor possesses or consumes any alcoholic beverage, marijuana, or controlled substance thereon, it shall be prima facie evidence that such person had the knowledge or should have had the knowledge specified in Section 9.30.030(A) or (B)(2) above.
(Ord. 5099 § 5, 2020)
The provisions of this chapter shall not apply to legally protected religious activities or gatherings of family members with not more than two non-family members.
(Ord. 4741 § 2, 2003)
When a gathering prohibited by Section 9.30.030 occurs and a police officer or code enforcement officer is called to the scene, the person or persons having control of the residence or premises shall be liable for the cost of providing enforcement services during the second or a follow up response by the police, after a first warning to the person or persons having such control.
(Ord. 5099 § 6, 2020)
The city of El Cajon 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 authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this chapter.
(Ord. 4741 § 2, 2003)