Ordinance Adding Chapter 9.22 06-04-13

7/28/2019 Ordinance Adding Chapter 9.22 06-04-13

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City Council

Agenda Item Summary

Meeting Date: June 4, 201 3

Prepared by: Paul Tomasi

Name: Consideration of an ordinance adding Chapter 9.22 (Social Host

Regulations) to Title 9 Public Peace, Morals and Welfare section of the City

ofCarmel-by-the-Sea Municipal Code. This ordinance would impose acriminal violation with possible civil liability for hosting social gatherings at

which minors are present and are consuming alcohol.

Description: A Social Host Ordinance is a law that holds non-commercial individuals

over the age of eighteen years, responsible for underage drinking at parties

on property they own, lease, or otherwise control.

The Social Host Ordinance targets those who provide the venue at which

underage drinking occurs. This ordinance serves as a deterrent to

uncontrolled parties in the city and at the same time provides an effective

tool to deal with underage drinking at private parties.

A component of this ordinance is to provide an imposition of civil fines for

violations of his ordinance.

Overall Cost: None

StaffRecommendation: Staff is recommending the City Council adopt Municipal code

sections 9.22.010 through 9.22.050 to Title 9 Public Peace, Morals and

Welfare section of the City ofCarmel-by-the-Sea Municipal Code.

Important Considerations: Approximately fifty (50) cities in California, to include

Seaside, Salinas, Santa Cruz, Gilroy, Morgan Hill, Pacific Grove andHollister have enacted social hosting ordinances. The police department feels

that a social host ordinance will be another tool to assist them in the handling

ofunruly parties in addition to current laws that are available to deal with

such disturbances. There will also be a clear message sent throughout the

community that underage drinking under the guise of a private party will not

be tolerated and that "hosts" of such parties will be held accountable for

such activity occurring on their property.

Decision Record:

Reviewed by:

J ~ A d ..son t1 we , 1ty m1mstrator Date



CITY OF CARMEL-BY-THE-SEA

STAFF REPORT

TO: JASON BURNETT AND COUNCIL MEMBERS

THROUGH: JASON STILWELL, CITY ADMINISTRATOR

FROM: PAUL TOMASI, POLICE COMMANDER

DATE: APRIL 15 ,2013

SUBJECT: CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF CARMEL-BY-THE-SEA ADDING CHAPTER 9.22

"SOCIAL HOST REGULATIONS" TO TITLE 9, PUBLIC PEACE,

MORALS. AND WELFARE. (First Reading)

I. RECOMMENDED MOTION:

Adopt an Ordinance adding Chapter 9.22 entitled "Social Host Regulations" to Title 9

"Public Peace, Morals and Welfare" to the City of Carmel-by-the-Sea Municipal Code. This

Ordinance would impose civil liability for hosting social gatherings at which persons under

21 years of age are present at non-commercial dwellings and are consuming alcohol.

II. BACKGROUND:

Social Ho st Regulation is law that holds non-commercial individuals, over the age of 18

years, responsible for knowingly allowing underage drinking at parties on property they own,lease, or otherwise control. Purchase, possession or consumption of alcohol by underage

persons in public or commercial settings is already prohibited under state law. However, state

law does not prohibit underage consumption of alcohol on private property.

The principal purposes of the proposed Ordinance are:

a) To protect public health, safety, and general welfare of the City;

b) To reduce consumption or possession of alcoholic beverages by persons under the age

of21 years;

c) To address municipal problems unique to the City;

d) To impose restrictions and penalties related to underage drinking beyond thosemandated by state law, and beyond those imposed by the California Alcohol

Beverage Commission;

e) To facilitate enforcement of laws prohibiting service to consumption of, or possession

of alcoholic beverages by persons under the age of 21 years; and

f) To offset the City's costs associated with providing police, fire , and other services to

gatherings where alcohol is served to, consumed by, or in the possession of persons

under the age of 21 years.



Establishing a Social Host Regulations Ordinance will fill a gap in the law by providing the

City' s law enforcement with a tool to help address the problem of underage drinking atparties. There would be exceptions in any such Ordinance to protect family and cultural

events where parents or guardians give their permission for their children to take part inevents which may involve the consumption of alcohol. Other Social Host Regulationsordinances were created and adopted on these basic premises:

• Municipalities have the authority to enact laws that promote public health,safety, and general welfare.

• The occurrence of underage drinking parties on private property is harmful tothe underage persons, and is a threat to public safety and the general welfare

of the community.

• Persons responsible for the occurrence of parties, or in possession/control of

the property, have a duty to ensure that alcoholic beverages are not served to,or consumed by, underage persons.

• Police authority at such gatherings is necessary when such activities aredetermined to be a threat to the peace, health, safety, or general welfare of the

public.• Police Officers are often required to make multiple responses to the location

of a gathering where alcoholic beverages are consumed by minors in order to

disperse uncooperative participants - causing a drain on public safety

resources, and in some cases, leaving other areas of the City with delayedpolice response.

• Problems associated with such gatherings are difficult to prevent and deterunless law enforcement officers have the legal authority to do so.

• Penalties against the responsible party will serve as an effective strategy fordeterring underage drinking parties - thereby reducing alcohol consumptionand abuse by underage persons, physical altercations and injuries,

neighborhood vandalism, and excessive noise disturbance, and thus improvingpublic safety.

The Social Host Regulations Ordinance targets those who provide the venue at whichunderage drinking occurs. This ordinance serves as a deterrent to uncontrolled parties in theCity and at the same time provides an effective tool to deal with underage drinking at private

parties.

A component of this ordinance is to provide an imposition of civil fines for violations of thisordinance.

Approximately fifty (50) cities in California, including Salinas, Santa Cruz, Gilroy, MorganHill, Hollister, Pacific Grove and Seaside, have enacted Social Host Regulations ordinances.The amounts of fines imposed for violations of the local ordinances range from $250.00 forthe first offence to $2,000.00 for the third and subsequent offenses.



City 1s t Offense 2"0 Offense 3ro Offense

Salinas $500 $1,000 $1,500

Santa Cruz $250 $500 $1,000

Gilroy $250 $1,000 $2,000

Morgan Hill $250 $500 $1,000Hollister $500 $750 $1,000

Pacific Grove Full Response Costs Full Response Costs Full Response Costs

Seaside $500 $1,000 Full Response Costs

In order to be consistent with other local jurisdictions, it is recommended the City imposefines in the amount of $500 for the first offense, $1,000 for the second offense within atwelve-month period, and full response costs for the third offense and subsequent offenseswithin a twelve-month period. The first offense should be an effective deterrent for future

violations. It is also recommended the City impose fines for individuals who are under the

age of twenty-one, present at a social host event and are in possession of alcohol. Therecommended imposed fines for a minor in possession of an alcoholic beverage are, $100 forthe first offense, $200 for the second offense, $1 000 for the third and subsequent offenses ina twelve month period.

Social Host (Misdemeanor)

City of Carmel-by-the-Sea Recommended Fines


Carmel-by-the-Sea $500 $1,000 Full Response Costs

Minor in Possession (Infraction)

City of Carmel-by-the-Sea Recommended Fines


Carmel-by-the-Sea $100 $200 $1000

Full Response Costs

The other component would be to implement a cost recovery for the response of police, fireand other emergency personnel. The City should be entitled to recover from any personfound in violation of this ordinance the City' s full cost recovery (response cost). In the event

that the person who violates this ordinance is a minor, then the minor and his or her parentsor guardians shall be jointly liable for any cost recovery.

The full response costs shall include the cost ofproviding police, fire and or other emergencyresponse services to the scene of such gathering, party, event or other circumstance, to

include, but not limited to:



a) Salaries and benefits of law enforcement and/or emergency personnel for the full

amount of time spent responding to, remaining at, or otherwise dealing with such

gatherings.

b) Costs of any medical treatment to or for any law enforcement personnel injured while

responding to, remaining at, or leaving the scene of such gathering, party, event or

other circumstance.

c) Costs to repair any city equipment or property damaged and the cost of the use of any

such equipment used in responding to, remaining at, or leaving the scene of suchgathering, party, event or other circumstance.

d) Any reasonable and necessary costs, directly or indirectly incurred by the City.

The City's cost recovery (response cost) shall be deemed a debt owed to the City and may be

recovered by the City in a civil action. The City may also recover its attorney fees, if the

City brings a civil action and prevails. This proposed Ordinance was modeled after other

existing ordinances from local agencies in California.

III. STAFF REVIEW:

Staff concurs with the adoption of an Ordinance pertaining to Social Host Regulations,adding Chapter 9.22 "Social Host Regulations" to Title 9 "Public Peace, Morals and

Welfare" section of the City of Carmel-by-the-Sea Municipal Code. This Ordinance would

provide law enforcement with another tool to assist with the problem of underage drinking.

See Attachment A

IV. FISCAL IMPACT:

There is no direct fiscal impact to the City of Carmel-by-the-Sea. With the adoption of this

proposed Ordinance any fines collected will be paid directly to the City and would be

considered General Fund Revenue.

V. SUMMARY:

Adopting the Social Host Regulations Ordinance will provide law enforcement with another

tool to assist with the handling ofunruly parties in conjunction with current laws that are

available to deal with such disturbances.



CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL

ORDINANCE NO.- - -ORDINANCE ADDING CHAPTER 9.22 TO

TITLE9

ENTITLED "SOCIALHOST

REGULATIONS"TO THE

CARMEL-BY-THE-SEA MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS AND PURPOSES.

A. The purpose of this Ordinance is to add a Chapter 9.22 entitled "Social Host

Regulations" to Title 9 "Public Peace, Morals and Welfare".

B. The Social Host Regulations will be a law that holds non-commercial individuals over

the age of 18 years responsible for knowingly allowing underage drinking of alcoholic beverages at

parties on private property that is owned, leased, or otherwise inhabited. Purchase, possession or

consumption of alcohol by underage persons in public or commercial settings is already prohibited

under state law, but state law does not prohibit underage consumption of alcohol on private

property.

C. The purposes of the Ordinance are as follows:

1. To protect public health, safety, and the general welfare of the City;

2. To reduce consumption or possess ion of alcoholic beverages by persons under

the age of 21 years;

3. To address municipal problems unique to the City;

4. To impose restrictions and penalties related to underage drinking beyond those

mandated by state law, and beyond those imposed by the California Alcohol Beverage Commission;

5. To facilitate enforcement of laws prohibiting service to , consumption of, or

possession of alcoholic beverages by persons under the age of 21 years; and

6. To offset the City's costs associated with providing police, fire and other

services to gatherings where alcohol is served to ,_consumed by, or in the possession of persons under

the age of 21 years.

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D. The Social Host Regulations Ordinance will provide law enforcement a tool to address

the problem of underage drinking at parties which is harmful to the underage persons, and is a threat

to public safety and the general welfare of the community. Problems associated with such gatherings

are difficult to prevent and deter unless law enforcement officers have the legal authority to do so.

E. The Social Host Regulations Ordinance primarily targets those who provide a venue at

which underage drinking occurs. Penalties against the responsible party will serve as an effective

strategy fo r deterring underage drinking at gatherings, thereby reducing alcohol consumption and

abuse by underage persons, physical altercations and injuries, neighborhood vandalism, and

excessive noise disturbance, and thus improving public safety.

SECTION 2. ADDITION OF SECTION 9.22 TO TITLE 9 OF THE CARMEL-BY-THE-SEA MUNICIPAL

CODE.

Section 9.22 entitled "SOC IAL HOST REGULATIONS" is added to Title 9 of the Carmel-by-the

Sea Municipal Code which reads as follows:

Sections:

9.22.010 Purpose and intent

9.22.020 Definitions

CHAPTER 9.22

SOCIAL HOST REGULATIONS

9.22.030 Prohibition on hosting, permitt ing or allowing a gathering at which minors

consume alcoholic beverages9.22.040 Exemptions

9.22.050 Penalty for violations

9.22.010 Purposes.

The purpose and intent of this chapter are:

a) To protect public health, safety, and general welfare of the City;

b) To reduce consumption or possession of alcoholic beverages by persons under theage of 21 years;

c) To address municipal problems unique to the City;

d) To impose restrictions and penalties related to underage drinking beyond those

mandated by state law, and beyond those imposed by the California Alcohol

Beverage Commission;

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e) To facilitate enforcement of laws prohibiting service to consumption of, or

possession of alcoholic beverages by persons under the age of 21 years; and

f) To offset the City's costs associated with providing police, fi re, and other services to

gatherings where alcohol is served to, consumed by, or in the possession of persons

under the age of 21 years.

9.22.020 Definitions.

For purposes of this chapter, "Alcohol beverage" as defined in Section 23004 of the

California Business and Professions Code.

"Gathering" means a party, gathering, or event where a group of two or more persons

have assembled or are assembling fo r a social occasion or social activity

"Legal guardian" means (1) a person who, by court order, is the guardian of the person

of an underage person; or (2) a public or private agency with whom an underage

person ha s been placed by a court of competent jurisd iction.

"Minor" means any person under twenty-one (21) years of age.

"Parent" means a person who is a natural parent, adoptive parent, foster parent, or

stepparent of another person.

"Premises" means any residence or other private property, place or premises, including

any commercial, business or industrial premises.

9.22.030 Prohibition on hosting, permitting or allowing a gathering at which minors

consume alcoholic beverages.

(a) It is the duty of any person having control of any premises, who knowingly hosts,

permits or allows a gathering at sa id premises to take all reasonable steps to

prevent the consumption of alcoholic beverages by any minor at the gathering.

Reasonable steps are controlling access to alcoholic beverages at t he gathering;

controlling the quantity of alcoholic beverages present at the gathering; verifying

the age of persons attending the gathering by inspecting driver's licenses or other

government-issued identification cards to ensure that minors do not consumealcoholic beverages while at the gathering; and supervising the activities of minors

at the gathering.

(b) It is unlawful fo r any person having control of any prem ises to knowingly host,

permit or allow a gathering to take place at sa id premises where at least one minor

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SECTION 3.

consumes an alcoholic beverage, whenever the person having control of the

premises either knows a minor has consumed an alcoholic beverage or reasonably

should have known that a minor consumed an alcoholic beverage had the person

taken all reasonable steps to prevent the consumption of an alcoholic beverage by a

minor as set forth in subsection (a) above.

(c) It is unlawful fo r any minor to have in his or her possession or consume any alcoholic

beverage at any place not open to the public, which is determined to be in violation

of subsection (b) above, except for wine used fo r sacramental or other religious

purposes during authorized religious services.

9.22.040 Exemptions.

This chapter shall not apply to:

(a) Any California Departmentof

Alcoholic Beverage Control licenseeat

any premisesregulated by the Department of Alcoholic Beverage Control.

(b) Conduct involving the use of alcoholic beverages th at occurs exclusively between an

underage person and his or her parent and/or legal guardian, as permitted by

article 1, section 4 of the California Constitution .

9.22.050 Penalty for violations.

The pena lty fo r a violation of the social host ordinance outlined in section 9.22.030 (b)

sha ll constitute a misdemeanor. The penalty fo r a violation of the minor in

possession of alcohol ordinance outlined in section 9.22.030 (c) sha ll constitute an

infraction. Both sections are punishable by a fine as established by resolution of the

City Council with provisions for increasing penalties fo r the first, second, third and

successive violations.

SEVERABILITY.

A. If any provision of this Ordinance or the application thereof to any person or circumstance

is held invalid, the remainder of the Ordinance, including the application of such part or

provision to other persons or circumstances, shall no t be affected thereby and shal lcontinue in full force and effect. To this end, provisions of this Ordinance are severable.

B. The City Council hereby declares that it would have passed each section, subsection,

subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any

one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases

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be held unconstitutional, invalid or unenforceable.

SECTION 4. EFFECTIVE DATE .

This ordinance shall become effective thirty (30) days after its final passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Carmel-by-the-Sea th is____ _

day of , 2013, by the following roll call vote :

AYES : COUNCIL MEMBERS:

NOES : COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST:

HEIDI BURCH ,

City Clerk

APPROVED:

Jason Burnett, Mayor

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Documents

Ordinance Adding Chapter 9.22 06-04-13