Meeting Date: June 4 , 201 3 Prepared by: Paul Tomasi

City Council Agenda Item Summary

Name:

Consideration of an ordinance 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 impose a criminal violation with possible civil liability for hosting social gatherings at which minors are present and are consuming alcohol. 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 this ordinance.

Description:

Overall Cost: None Staff Recommendation: 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 of Carmel-by-the-Sea Municipal Code. Important Considerations: Approximately fifty (50) cities in California, to include Seaside, Salinas, Santa Cruz, Gilroy, Morgan Hill, Pacific Grove and Hollister have enacted social hosting ordinances. The police department feels that a social host ordinance will be another tool to assist them in the handling of unruly 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:

Jason t1 we , 1ty

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Date

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CITY OF CARMEL-BY-THE-SEA STAFF REPORT

TO:

JASON BURNETT AND COUNCIL MEMBERS

THROUGH: JASON STILWELL, CITY ADMINISTRATOR FROM: DATE: SUBJECT: PAUL TOMASI, POLICE COMMANDER APRIL 15,2013 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 Host 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 those mandated 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.

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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 at parties. 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 in events which may involve the consumption of alcohol. Other Social Host Regulations ordinances 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 to the 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 are determined 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 delayed police response. Problems associated with such gatherings are difficult to prevent and deter unless law enforcement officers have the legal authority to do so. Penalties against the responsible party will serve as an effective strategy for deterring underage drinking parties - thereby reducing alcohol consumption and abuse by underage persons, physical altercations and injuries, neighborhood vandalism, and excessive noise disturbance, and thus improving public safety.

The Social Host Regulations 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 this ordinance. Approximately fifty (50) cities in California, including Salinas, Santa Cruz, Gilroy, Morgan Hill, 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 for the first offence to $2,000.00 for the third and subsequent offenses.

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City Salinas Santa Cruz Gilroy Morgan Hill Hollister Pacific Grove Seaside

Offense $500 $250 $250 $250 $500 Full Response Costs $500
1st

2" 0 Offense $1,000 $500 $1,000 $500 $750 Full Response Costs $1,000

3ro Offense $1,500 $1,000 $2,000 $1,000 $1,000 Full Response Costs Full Response Costs

In order to be consistent with other local jurisdictions, it is recommended the City impose fines in the amount of $500 for the first offense, $1,000 for the second offense within a twelve-month period, and full response costs for the third offense and subsequent offenses within 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. The recommended imposed fines for a minor in possession of an alcoholic beverage are, $100 for the first offense, $200 for the second offense, $1 000 for the third and subsequent offenses in a twelve month period. Social Host (Misdemeanor) City of Carmel-by-the-Sea Recommended Fines 1st Offense 3ro Offense City 2"0 Offense $1,000 Full Response Costs Carmel-by-the-Sea $500 Minor in Possession (Infraction) City of Carmel-by-the-Sea Recommended Fines 1st Offense 2" 0 Offense City Carmel-by-the-Sea $100 $200

3ro Offense $1000

Full Response Costs

The other component would be to implement a cost recovery for the response of police, fire and other emergency personnel. The City should be entitled to recover from any person found 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 parents or guardians shall be jointly liable for any cost recovery. The full response costs shall include the cost of providing police, fire and or other emergency response services to the scene of such gathering, party, event or other circumstance, to include, but not limited to:

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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 such gathering, 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 of unruly parties in conjunction with current laws that are available to deal with such disturbances.

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CITY OF CARMEL-BY-THE-SEA CITY COUNCIL ORDINANCE NO. - - ORDINANCE ADDING CHAPTER 9.22 TO TITLE 9 ENTITLED "SOCIAL HOST 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; To reduce consumption or possession of alcoholic beverages by persons under

2. 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 for 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 "SOCIAL HOST REGULATIONS" is added to Title 9 of the Carmel-by-theSea Municipal Code which reads as follows:
CHAPTER 9.22 SOCIAL HOST REGULATIONS Sections:

9.22.010 9.22.020 9.22.030 consume 9.22.040 9.22.050

Purpose and intent Definitions Prohibition on hosting, permitting or allowing a gathering at which minors alcoholic beverages Exemptions 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 the age 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)
f)

To facilitate enforcement of laws prohibiting service to consumption of, or possession of alcoholic beverages by persons under the age of 21 years; and 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 for 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 . " M inor" 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 consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering. (b) It is unlawful for 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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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 for 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 for sacra mental or other religious purposes during authorized religious services.
9.22.040 Exemptions.

This chapter shall not apply to: (a) Any California Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control. (b) Conduct involving the use of alcoholic beverages that 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 for a violation of the social host ordinance outlined in section 9.22.030 (b) sha ll constitute a misdemeanor. The penalty for a violation of the minor in possession of alcohol ordina nce 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 for the first, seco nd, third and successive violations.

SECTION 3.

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 not be affected thereby and shal l continue 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, subdivi sions, 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 this _ _ __ _ , 2013, by the following roll call vote : day of AYES : NOES: COUNCIL MEMBERS: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED :

Jason Burnett, Mayor ATTEST:

HEIDI BURCH, City Clerk

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