The title of this chapter shall be “City of King Social Host Liability Ordinance.”
(Ord. 690 § 2, 2010)
The following words and phrases, whenever used in this chapter, shall have the meaning and be construed as defined in this section.
has the meaning given to that term under state law.
has the meaning given to those terms under King City Municipal Code and state law.
means the actual or apparent authority and ability to regulate or direct the private premises, including, but not limited to, the control exercised by tenants, lessees, and owners who have notice of underage drinking on their property.
has the meaning given under state and federal law.
means aware of, or having reason to be aware of party, gathering or event.
means any person under the age of twenty-one years.
means a group of five or more persons who have assembled or are assembling for a social occasion or a social activity, at least one of whom is a minor and not a blood relative.
means any person(s) who owns, rents or otherwise controls premises that knowingly hosts, permits, promotes, organizes, or allows a gathering at which they allow the possession, providing, or consumption of alcohol, alcoholic beverages, controlled substances, cannabis and/or cannabis products by any minor on such premises or fails to take reasonable corrective action upon learning of the possession, providing or consumption of alcohol, alcoholic beverages, controlled substances, cannabis and/or cannabis products by any minor on such premises.
means any home, yard, open areas adjacent thereto, and accessory structures; apartment, condominium; hotel or motel room; or a hall or meeting room, or any other dwelling unit whether occupied on a temporary or permanent basis, whether occupied as a dwelling, for a party, or for other social function, and whether owned, leased, rented, or used with or without compensation.
(Ord. 690 § 2, 2010; Ord. 790 § 3, 2020)
(a)
Liability. No person(s) shall permit, allow, or host a party, gathering, or event at his or her place of residence or on other private premises under the person(s) control where alcohol, alcoholic beverages, controlled substances, cannabis and/or cannabis products are being provided, in the possession of, or consumed by, any minor or fail to take reasonable corrective action upon learning of the providing, possession, or consumption of alcohol, alcoholic beverages, controlled substances, cannabis and/or cannabis products by a minor on such premises. Reasonable corrective action shall include, but is not limited to:
(1)
Verifying the age of the persons attending the social gathering by inspecting drivers’ licenses or other government-issued identification cards;
(2)
Making a prompt demand that such minor either forfeit the alcohol, alcoholic beverages, controlled substances, cannabis or cannabis product, and refrain from the consumption of such or depart from the premises;
(3)
If such minor does not comply with such request, either promptly reporting the providing of alcohol, alcoholic beverages, controlled substances, cannabis and/or cannabis products or such underage consumption of alcohol to the local law enforcement agency or to any other person having a greater degree of authority over the conduct of such minor.
(b)
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 premises under his or her ownership or control) where alcohol, alcoholic beverages, controlled substances, cannabis and/or cannabis products are provided to, in the possession of, or are being consumed by, any minor.
(c)
Exceptions. Nothing in this chapter should be interpreted to prohibit the consumption or possession of alcohol by a minor for legally-protected religious practices or legally protected family gatherings involving the use of alcohol beverages which occur exclusively between a minor and his or her parent or legal guardian, pursuant to Article 1, Chapter 4 of the California Constitution. Further, nothing in this chapter should be interpreted to prohibit or limit in any way an individual over the age of eighteen with a lawful medical cannabis card from possessing or consuming cannabis or cannabis productions in compliance with the requirements of the King City Municipal Code and state law.
(Ord. 690 § 2, 2010; Ord. 790 § 3, 2020)
(a)
Violation. Any person(s) who knowingly permits, allows, or hosts a party, gathering, or event at their place of residence (or other private property under that person(s) control) where alcohol, alcoholic beverages, controlled substances, cannabis and/or cannabis products are being provided to, in the possession of, or are being consumed by, any minor on such premises, or fails to take reasonable corrective actions upon learning of the providing, possession or consumption of alcohol, alcoholic beverages, controlled substances, cannabis and/or cannabis products by any minor on such premises shall be liable and responsible for, and shall be subject to the criminal, civil and/or administrative penalties identified within this chapter.
(b)
Criminal Penalties. Violations of the provisions of this chapter for conduct that is not otherwise considered lawful under state law, shall be considered a misdemeanor and is punishable in accordance with Chapter 1.04.010 of the King City Municipal Code. Each and every day, or portion thereof, a violation exists is a new and separate offense. The city may also pursue all applicable civil and administrative remedies, including, but not limited to, injunctive relief and administrative citations.
Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders the provisions of this chapter, or the provisions of any chapter adopted by reference within the King City Municipal Code unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue non-criminal remedies for violations of this chapter.
(c)
(d)
Administrative Penalties. The administrative citation penalty for violation of this chapter, within a rolling twelve-month period, deemed misdemeanors under the King City Municipal Code shall be as follows:
(Ord. 690 § 2, 2010; Ord. 790 § 3, 2020)
(a)
Any person who violates the requirements of this chapter and is issued an administrative citation pursuant to Section 7.09.040(d) shall be subject to the administrative appeal procedures set forth in this section.
(b)
The appellant must file a written appeal with the city clerk within fifteen days of service of the administrative citation. The time requirement for filing an appeal shall be deemed jurisdictional and may not be waived. Appeals not timely filed or not setting forth the basis for the appeal are defective and shall be dismissed. The written appeal shall contain:
(1)
A brief statement setting forth the interest the appealing party has in the matter relating to the imposition of the civil penalty;
(2)
A brief statement of the material facts which the appellant claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted.
(c)
An appeal of an administrative penalty imposed for violations of Section 7.09.040(a) shall be heard by the city manager or his/her designee or a hearing officer appointed by the city manager. The appeal hearing shall be set no sooner than ten days and no later than forty-five days following a request for an appeal hearing. The city manager or the hearing officer may extend the time for hearing the appeal based upon the needs of the city and availability of witnesses. Notice of the appeal hearing shall be mailed at least ten days before the date set for the hearing. Failure to appear timely at the appeal hearing will cause the administrative penalty to become a final order or decision.
(d)
In reviewing the penalty, the city manager or hearing officer shall consider all facts relating to the issuance of the administrative citation and the reasons therefor and shall uphold the penalty imposed, eliminate the penalty, or modify it. The decision of the city manager or his/her designee or the hearing officer shall constitute the final administrative order or decision of the local agency within the meaning of Government Code Section 53069.4(b)(1).
(e)
The city manager or his/her designee or the hearing officer shall serve a copy of their written decision on the appellant by U.S. Mail to the address provided by appellant in the written notice of appeal. The decision shall be deemed served within two days after the date it was mailed to the address provided by the appellant.
(f)
The costs of the administrative hearing may be assessed to the responsible person in addition to any other fines and penalties if the citation is upheld.
(Ord. 690 § 2, 2010; Ord. 790 § 3, 2020)
Any person aggrieved by a final administrative order or decision imposing a civil penalty may seek review with the superior court in Monterey County pursuant to Government Code Section 53069.4.
(Ord. 690 § 2, 2010)
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 city of King 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. 690 § 2, 2010)