The City Council of the City of Vacaville finds that:
A. 
Minors often obtain alcoholic beverages at gatherings held at private residences or at private functions located on either private or public property.
B. 
Gatherings on private or public property where alcohol is consumed by minors are often a cause for disturbance.
C. 
Problems associated with such gatherings are difficult to resolve unless the Police Department has the legal authority to enter the premises and direct the host to disperse.
D. 
Police ability to abate gatherings where alcohol is served to minors on private property will result in a decrease in abuse of intoxicants by minors, physical altercations and injuries, neighborhood vandalism and excessive noise, thereby improving public safety.
E. 
Unabated parties or gatherings at which minors obtain, possess, or consume alcohol adversely affect the public health, safety and welfare of the neighborhood and the community.
F. 
The suffering, permitting, or hosting of parties where minors obtain, possess and/or consume alcohol poses a significant risk to public health, safety and welfare and requires immediate abatement.
G. 
Accordingly, the City Council of the City of Vacaville finds and declares that the purposes of this chapter are:
1. 
To protect public health, safety and general welfare;
2. 
To promote the reduction of underage drinking by imposing an administrative fine on persons responsible for hosting or allowing parties, gatherings or events where alcohol is obtained, possessed or consumed by minors;
3. 
To facilitate the enforcement of laws prohibiting the service to, consumption of, or possession of alcoholic beverages by minors; and
4. 
To offset the municipal costs associated with providing fire, police, and other emergency services to abate the nuisance created by parties, gatherings, or events involving consumption of alcohol by minors by imposing an administrative fine upon persons who conduct or allow such parties, gatherings or events to occur on their premises, at their residences, or at rented facilities under his or her control.
(Ord. 1799, Added, 05/13/2008)
For the purpose of this chapter, the words set forth in this section are defined as follows:
"Alcohol"
means and includes ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
"Alcoholic beverage"
means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
"Chief of Police"
means the Chief of Police or his or her designee.
"Citation" and "written notice"
mean any type of document, no matter how named or entitled, issued to a person responsible for the event and informing the person responsible for the event of violation of this chapter.
"Department"
means the City of Vacaville Police Department.
"Hearing Officer"
means the City Manager or his or her designee.
"Juvenile"
means any person less than 18 years of age.
"Minor"
means any person less than 21 years of age.
"Party, gathering or event"
is a group of two or more persons who have assembled or are assembling for a social or commercial occasion or activity.
"Person responsible for the event" or "responsible person"
means and includes, but is not limited to:
1. 
The person who owns, rents, leases or otherwise has control or is otherwise in charge of the premises where, and at the time of, the party, gathering or event occurs;
2. 
The person who organizes or supervises or conducts the event or any other person(s) accepting responsibility for such a gathering.
If the person responsible for the event is a juvenile, then the juvenile and the parents or guardians of the juvenile may be jointly and severally liable for the administrative fines or response costs imposed pursuant to this chapter, irrespective of whether the parent(s) or guardian(s) knew of the event or knew or intended that alcoholic beverages would be obtained, possessed or consumed by minors.
"Public safety services"
and/or "response costs" means the costs associated with a response to and-abatement of a party, gathering, or event, such as responses by law enforcement, fire and other emergency response providers, including but not limited to:
1. 
The portion of the costs of salaries and benefits of law enforcement, fire and other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the party, gathering, or event and the administrative costs attributable to such response(s);
2. 
The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of a party, gathering, or event;
3. 
The cost of the use of any City equipment or property, and the cost of repairing any City equipment or property damaged in responding to, remaining at or leaving the scene of a party, gathering, or event; and
4. 
Any other costs recoverable in compliance with California Civil Code Section 1714.9.
(Ord. 1799, Added, 05/13/2008)
A. 
Except as permitted in Article 1, Section 4, of the California Constitution, no person shall suffer, permit, or host a party, gathering or event at his or her place of residence or other private property, place or premises or host a party, gathering or event at a public place under his or her control, where a minor obtains, possesses or consumes alcoholic beverages. This section does not apply to any location or place regulated by the California Department of Alcoholic Beverage Control.
B. 
The City Council declares that the suffering, permitting or hosting of a party, gathering or event in violation of this chapter constitutes a public nuisance subject to summary abatement and administrative procedures set forth herein.
(Ord. 1799, Added, 05/13/2008)
In addition to any and all other costs, fees, penalties and expenses which may be assessed or imposed as a result of a violation of this chapter, any person who violates any provision of this chapter shall be liable and responsible for, and shall pay to the City an administrative fine of, one thousand dollars.
The Chief of Police shall immediately issue a citation or within 15 days of the date of the violation give written notice of a violation of this section to any and all responsible persons identified by the Chief of Police. The citation or notice may be served immediately at the time of abatement or may be served on the responsible person(s) by personal service or certified mail to the responsible person's last known address. The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing.
(Ord. 1799, Added, 05/13/2008)
In addition to any and all other costs, fees, penalties and expenses which may be assessed or imposed as a result of a violation of this chapter, any person who violates any provision of this chapter shall be liable and responsible for, and shall be required to reimburse the City for, all public safety services costs and expenses incurred by the City in connection with the violation and abatement of the nuisance. The City shall notify the responsible person in writing of the imposition of such costs and expenses, and in doing so shall set forth such costs and expenses with reasonable specificity. The response costs for public safety responses shall be separate and distinct from a citation and administrative fine described in Section 9.61.040. The notice of costs and expenses set forth in this Section 9.61.050 may be included with, or be separate and distinct from, any citation or written notice of violation of this chapter, and shall be served on the responsible party(ies) within 15 days of the date of violation by personal service or certified mail to the responsible party's last known address. In the event that the notice of costs and expenses is separate and distinct from any citation for violation of this chapter, the time in which the responsible person must exercise his or her right to appeal shall be then governed by its own separate and distinct time frame based on the date the notice of costs and expenses was served.
(Ord. 1799, Added, 05/13/2008)
A. 
Any person subject to an administrative fine and/or response costs pursuant to this chapter shall have the right to request a hearing to appeal the imposition and/or amount of any administrative fine and/or response costs.
B. 
The following procedures shall apply to the appeal:
1. 
Form of Appeal. Any person receiving a citation or written notice may appeal from the citation or written notice by filing a written request for appeal hearing within 10 days from the date of the service of the citation or notice. The request for appeal hearing shall contain:
a. 
A brief statement in ordinary and concise language of the specific order protested, together with any material facts claimed to support the contentions of the appellant;
b. 
A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;
c. 
The signature of the appellant and his or her official mailing addresses, with a statement from the appellant that he or she agrees to accept service of the written notice of the time and place of the appeal hearing and the decision of the hearing officer at such address; and
d. 
The verification by declaration under penalty of perjury of the appellant as to the truth of the matters stated in the appeal.
2. 
Processing of Appeal. Upon receipt of any appeal filed, the City shall transmit said appeal to the Hearing Officer, who shall calendar it for hearing. The Department shall also submit a written report to the Hearing Officer along with the appeal, which shall include:
a. 
A chronology summarizing the relevant facts giving rise to the notice or citation;
b. 
The reasons supporting the Department's determination that this chapter was violated;
c. 
A summary of response costs incurred by the City in attempting to abate the nuisance; and
d. 
A recommendation as to the administrative fine sought to be imposed against the appellant, or administrative penalties recommended in lieu of fines and/or response costs, if any, together with the reasons supporting that recommendation.
At the discretion of the Department, any police report on the matter, or summary thereof, may constitute the written report required under this section.
3. 
Noticing of Appeal for Hearing. Written notice of the time and place of the appeal hearing shall be given at least 10 calendar days prior to the date of the hearing to each appellant by the Hearing Officer, including a copy of the report required by subsection B.(2) of this section, by causing a copy of such notice and report to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal, unless provision of the report will interfere with an ongoing criminal investigation or case, or will, in the Department's discretion, endanger the health and safety of any witness or other person identified or identifiable in the report.
4. 
Appeal Fee. The City may collect and require an appeal fee to be paid at the time the written notice of appeal is filed. The appeal fee shall be set by resolution of the City Council. The fee shall be calculated to recover the total City costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, Hearing Examiner compensation, preparation and service of notices, and staff appearance in the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed; provided, that the Chief of Police may waive or defer the appeal fee upon written request for good cause shown. Good cause may include, but is not limited to, severe economic hardship, significant cooperation with the City to prevent any future violations, and other factors indicating good-faith attempts to comply with this chapter.
5. 
Effect of Failure to Appeal. Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the citation or notice, or any portion thereof.
6. 
Staying of Order Until Appeal. Enforcement of any citation or notice shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
7. 
Hearing Procedures. The following procedures shall apply to the hearing of an appeal hereunder:
a. 
The Hearing Officer may, upon request of the responsible person or upon request of the Department, grant continuances from time to time for good cause shown, or upon his or her own motion.
b. 
The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense. Preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.6, as presently written or hereinafter amended.
c. 
The Hearing Officer shall administer the oath or affirmation.
d. 
California Government Code Section 11513 as presently written or hereinafter amended shall apply to the hearing.
e. 
Each party may represent themselves, or be represented by anyone of their choice.
f. 
The Department shall present the City's case first. The appellant shall then present his or her case, followed by a question and answer period by the Hearing Officer so as to allow the Hearing Officer an opportunity to ask pertinent questions of both sides before making a determination.
C. 
Decision of Hearing Officer.
1. 
Within 10 days of the conclusion of the hearing, the Hearing Officer shall issue a decision either upholding, modifying or dismissing the violation and related fines and recovery costs. If it is shown by a preponderance of the evidence that a violation of this chapter occurred:
a. 
The decision of the Hearing Officer shall contain findings of fact and a determination of the issues presented;
b. 
Except as set forth in subsection C.(1.c) of this section, the decision shall include an order to pay the administrative fine and/or response costs incurred by the City in attempting to abate the nuisance, in the amount as imposed by the notice or citation or as otherwise modified by the Hearing Officer; and
c. 
At the Hearing Officer's discretion, and taking into consideration the responsible person's age, financial ability to pay, the frequency of violations by the responsible party, the impacts of the violation on the community, and any other mitigating factors presented by the responsible person(s), the Hearing Officer may impose in lieu of administrative fines and/or response costs the following administrative penalties:
i. 
Community service work on behalf of the City; and/or
ii. 
Training, counseling, or classes that are relevant to the purpose of this chapter as set forth in Section 9.61.010.
2. 
The decision shall inform the appellant that pursuant to California Government Code Section 53069.4, the responsible person has 20 days from the time the Hearing Officer's decision is served to appeal the decision to the superior court.
3. 
Decision of Hearing Officer Final. The decision of the Hearing Officer shall be final when signed by the Hearing Officer and served as herein provided. Such decision shall be final and conclusive and not subject to further administrative appeal.
4. 
Service of Hearing Officer's Decision. Upon issuance of the decision, the Department shall serve a copy on the responsible person in the same manner as set forth in subsection B.(3) of this section.
D. 
Failure to Complete the Administrative Penalties Imposed in Lieu of Administrative Fines. Failure to complete any administrative penalties imposed in lieu of administrative fines as directed, and within the time frame set forth by the Hearing Officer, will result in the administrative penalty or penalties reverting back to initial administrative fines and/or response costs as set forth in the original citation or written notice of violation, or as otherwise set forth in the Hearing Officer's decision without further right to an administrative appeal.
(Ord. 1799, Added, 05/13/2008)
The amount of any administrative fine and/or response costs shall be deemed a debt owed to the City by the person(s) found in violation of this chapter and therefore liable for a fine under Section 9.61.040 and response costs under Section 9.61.050, and, if that person is a juvenile, then also his/her parents or guardians. All such fines and/or response costs shall be paid within 30 days of the date of issuance of the citation or written notice or, in the event of an appeal, within 30 days of the date of the Hearing Officer's decision. Any person owing such fine and/or response costs shall be liable in an action brought in the name of the City for recovery of such fine and/or response costs. These costs may include reasonable attorneys' fees incurred in the action if the City prevails, as the City reserves the right to seek to recover reasonable attorneys' fees, on a case-by-case basis, pursuant to California Government Code Section 25845(c). In those cases in which the City seeks to recover reasonable attorneys' fees, the other party may likewise do so if it is the prevailing party. Administrative fines recovered by the City pursuant to this chapter shall be placed in the budget of the Department to be used for the purpose of youth-related programs and activities and purposes, including but not limited to reducing minor access to and consumption of alcohol.
(Ord. 1799, Added, 05/13/2008)
A. 
When any violation of this chapter has occurred, whether or not the responsible party has any ownership interest in the real property on which the violation occurred, and the fine and/or response costs associated with the violation are not paid within the time frames set forth in this chapter and as required by the notice, citation or order of the Hearing Officer, in addition to all other remedies available to the City, the fine and/or response costs shall be a personal obligation of the responsible party; and, in addition to all other remedies available to the City, the City may institute an action in any court of competent jurisdiction against the responsible person for the fine and/or response costs associated with the violation.
B. 
When any violation of this chapter has occurred on real property owned in whole or in part by the person who has violated this chapter and the fine and/or response costs associated with the violation are not paid within the time frames set forth in this section and as required by the notice, citation or order of the Hearing Officer in addition to all other remedies available to the City, the City Council may:
1. 
Special Assessment. Order that the fine and/or response costs be specially assessed against the property involved. When the City Council orders that the fine and/or response costs be specially assessed against the property, it shall confirm the assessment at a public meeting and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. Pursuant to Government Code Section 38773.5, notice of the imposition of the special assessment shall be given to the responsible party by certified mail.
All laws and ordinances applicable to the levy, collection, and enforcement of said taxes are hereby made applicable to such special assessment; or
2. 
Lien. Impose the fine and response costs associated with the violation as a lien against the real property pursuant to Government Code Section 38773.1, following confirmation of the lien amount at a public meeting.
Notice of the lien shall be given to the responsible party in the same manner as summons in a civil action pursuant to California Code of Civil Procedure Section 415.10 et seq. If the responsible party cannot be located after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in Solano County.
A lien imposed pursuant to this section may be foreclosed by an action brought by the City for a money judgment. The City may recover from the responsible party any costs incurred regarding the processing and recording of the lien and providing notice to the responsible party as part of its foreclosure action to enforce the lien.
(Ord. 1799, Added, 05/13/2008)
A party, gathering or event at a residence or other private or public property under control of the responsible party, at which minors obtain, possess or consume alcoholic beverages constitutes a public nuisance and an immediate threat to public health and safety and shall be summarily abated by the Chief of Police by all reasonable means including, but not limited to, an order requiring the party, gathering or event be disbanded and/or a citation or written notice of violation under this chapter as well as a citation and/or arrest under any other applicable ordinances or state statues.
(Ord. 1799, Added, 05/13/2008)
The remedies, fines, penalties and fees provided for under this chapter are cumulative, and shall not restrict the City from 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 this 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. This chapter shall not be interpreted in any manner that conflicts with the laws or constitutions of the United States or the State of California.
Nothing in this chapter shall be construed as a waiver by the City of any right to seek reimbursement for actual response costs incurred through other legal remedies or procedures.
(Ord. 1799, Added, 05/13/2008)
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provision or application, and to this end the provisions of this chapter are severable.
(Ord. 1799, Added, 05/13/2008)