HomeMy WebLinkAboutMC-1361Adopted: August 1, 2011
Effective: August 31, 2011
1 ORDINANCE NO. MC-1361
2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADDING CHAPTER 8.83 TO THE SAN BERNARDINO MUNICIPAL
3 CODE REGARDING ACCOUNTABILITY FOR SOCIAL HOSTS OF MINORS
4 WHEREAS, the City of San Bernardino, pursuant to the police powers delegated to it by
5 the California Constitution, has the authority to enact laws which promote the public health, safety
6 and general welfare of its residents; and
7 WHEREAS, The City Council of the City of San Bernardino finds that parties, social
8 gatherings or events on private property where alcoholic beverages, marijuana and other controlled
9 substances are served to or consumed by minors are harmful to the minors themselves and a threat
10 to public health, safety and welfare and the quiet enjoyment of the City's residents; and
11 WHEREAS, minors often obtain alcoholic beverages, marijuana and other controlled
12 substances at gatherings held at private residences or other private property, places or premises,
13 including rented commercial premises, which are under the control of a person who knows or
14 should know of the consumption of alcoholic beverages, marijuana and other controlled substances
15 by minors; and
16 WHEREAS, persons responsible for the occurrence of such gatherings often fail to take
17 reasonable steps to prevent the consumption of alcoholic beverages, marijuana and other controlled
18 substances by minors at these gatherings; and
19 WHEREAS, control of gatherings on private property where alcoholic beverages,
2 0 marijuana or other controlled substances are consumed by minors or where unruly or illegal
21 behavior occurs is necessary when such activity is determined to be a threat to the health, safety or
2 2 general welfare of the public; and
2 3 WHEREAS, problems associated with gatherings where alcoholic beverages, marijuana
2 4 or other controlled substances are consumed by minors or which produce nuisances are difficult
2 5 to prevent and deter unless the City, through its Police Department, has the legal authority to arrest
2 6 or otherwise penalize offenders and direct the host to disperse the gathering; and
2 7 WHEREAS, the Police Department's ability to abate such gatherings will result in a
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1 decrease in abuse of alcohol, marijuana and other controlled substances by minors; physical
2 altercations and injuries; neighborhood vandalism; and excessive noise disturbances, thereby
3 improving public safety and welfare; and
4 WHEREAS, it is the intent of the Council to hold accountable any person having control
5 of any residence who hosts, permits or allows a gathering to take place which results in unruly or
6 illegal conduct by its attendees or produces a public nuisance.
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8 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
9 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
10 SECTION 1. Chapter 8.83 is hereby added to the San Bernardino Municipal Code to
11 read as follows:
12 Chapter 8.83
13 SOCIAL HOST ACCOUNTABILITY
14 8.83.010 Definitions.
15 The words and phrases used in this Chapter have the meanings set forth in this section.
16 (A) "Alcohol" means any ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
17 from whatever source or by whatever process produced.
18 (B) "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer and every liquid
19 or solid containing alcohol, spirits, wine, or beer, and which contains one-half of
2 0 one percent or more of alcohol by volume and which is fit for beverage purposes
21 either alone or when diluted, mixed, or combined with other substances.
2 2 (C} "Controlled Substance" means a drug or substance whose possession and use are
2 3 regulated under the Controlled Substance Act. Such term does not include any
2 4 drug or substance for which the individual found to have consumed such
2 5 substance has a valid prescription issued by a licensed medical practitioner
2 6 authorized to issue such a prescription.
2 7 (D) "Gathering" is a party, gathering, or event where a group of three or more persons
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1 have assembled or are assembling for a social occasion or social activity.
2 (E) "Guardian" means: (1) a person who, under court order, is the guardian of a
3 minor; or (2) a public or private agency with whom a minor has been placed by
4 the court.
5 (F) "Minor" means any person under the age of 21 years of age.
6 (G) "Parent" means a person who is the natural parent, adopted parent, or step-parent
7 of a minor.
8 (H) ``Person Responsible" means the person that knows or should reasonably know
9 that the subject premises are being used to host, allow, or permit a gathering.
10 Such person(s) shall rebuttably be presumed to be, in order of priority:
11 (1) The owner(s) of the premises where the gathering takes place;
12 (2) The tenant(s) of the premises where the gathering takes place;
13 (3) The person(s) who hosted, permitted, or allowed the gathering;
14 and/or
15 (4) In the event that the person responsible is a minor, then the
16 parent(s) or guardian(s) of that minor.
17 (I) "Extraordinary Law Enforcement Fee" is the actual cost associated with response
18 by law enforcement, fire and other emergency response providers to a gathering,
19 including, but not limited to: (1) actual salaries and benef is of law enforcement,
2 0 fire, or other emergency response personnel for the amount of time spent
21 responding to, remaining at, or otherwise dealing with a gathering, and the
22 administrative costs attributable to such response; (2) the actual cost of any
2 3 medical treatment for any law enforcement, fire, or other emergency response
2 4 personnel injured responding to, remaining at, or leaving the scene of the
2 5 gathering; (3) the actual cost of repairing any City equipment or property
2 6 damaged, and the actual cost of the use of any such equipment, in responding to,
2 7 remaining at, or leaving the scene of a gathering; and (4) any other allowable and ~,
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reasonable costs related to the enforcement of this Chapter 8.83.
"Extraordinary Law Enforcement Services" means the assignment of police
officers and services during a second or subsequent call to a gathering after the
distribution of a written notice that the gathering violates the law, or a first
response if it is determined pursuant to Chapter 8.82 that notice is infeasible.
"Public Place" means any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways, and
common areas of schools, hospitals, apartment houses, office buildings, transport
facilities and shops.
8.83.020 Consumption Unlawful.
Except as permitted by state law, it is unlawful for any minor to:
(A) Consume at any public place or any places open to the public, any
alcoholic beverage, marijuana or controlled substance; or
(B) Consume at any place not open to the public any alcoholic beverage,
unless in connection with the consumption of an alcoholic beverage that
minor is being supervised by his or her parent or legal guardian.
8.83.030 Hosting, Permitting, or Allowing a Gathering Where Minors Consuming
Alcoholic Beverages, Marijuana and Other Controlled Substances Prohibited.
A. Except as permitted by state law, it is unlawful for any person having control of
any premises who knows or should reasonably know that he or she has hosted,
permitted, or allowed a gathering to take place at said premises, where at least one
minor consumes an alcoholic beverage, marijuana or other controlled substance
whenever the person having control of the premises either knows or reasonably
should have known a minor has consumed an alcoholic beverage, marijuana or
other controlled substance to allow said consumption to occur.
B. It is the duty of any person having control of any premises, who knows or should
know that he or she has hosted, permitted, or allowed a gathering at said premises
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to take all reasonable steps to prevent the consumption of alcoholic beverages,
marijuana or other controlled substance by any minor at the gathering.
Reasonable steps include, but are not limited to the following:
1. Controlling access to alcoholic beverages, marijuana and other
controlled substances at the gathering;
2. Controlling the quantity of alcoholic beverages, marijuana and
other controlled substances at the gathering;
3. Verifying the age of persons attending the gathering by inspecting
drivers licenses or other government issued identification cards to
ensure that minors do not consume alcoholic beverages, marijuana
or other controlled substances while at the gathering; and
4. Supervising the activities of minors at the gathering.
C. Whenever a person having control of a premises is present at the premises at the
time that a minor possesses or consumes any alcoholic beverage, marijuana or
other controlled substance thereon, it shall be prima facie evidence that such
person had or should have had the knowledge specified in Subsection (A).
D. A person who hosts, permits or allows a gathering shall be deemed to have actual
or constructive knowledge that minor has consumed or possessed alcoholic
beverages, marijuana or other controlled substances if the person has not taken all
reasonable steps to prevent the consumption or possession of alcoholic beverages,
marijuana or other controlled substances by minors as set out in Subsection (B).
E. A person who hosts, permits or allows a gathering may be liable for Extraordinary
Law Enforcement Fee if Extraordinary Law Enforcements Services are necessary
to handle the gathering.
F. A person who hosts, permits or allows a gathering shall not be in violation of this
Chapter if he or she seeks immediate assistance from the San Bernardino Police
Department or other law enforcement agency to remove any person who refuses
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1 to abide by the hosts' performance of the duties imposed by this Chapter or
2 terminate the gathering because the host has been unable to prevent minors from
3 consuming or possessing alcoholic beverages, marijuana or other controlled
4 substance despite taking all reasonable steps to do so, as long as such request I s
5 made before any other person makes a complaint about the gathering.
6 8.83.040 Chapter Shall Not Apply.
7 A. This Chapter shall not apply to any location or place regulated by the California
8 Department of Alcohol and Beverage Control.
9 B. This Chapter shall not apply to conduct involving the use of alcoholic beverages
10 that occurs exclusively between a minor and his or her parent or guardian as
11 permitted by Article I, Section 4 of the California Constitution.
12 8.83.050 Violation- Penalty.
13 A. Any person violating any provision of this Chapter is guilty of a misdemeanor
14 which, upon conviction thereof, is punishable in accordance with the provisions
15 of Section 1.12.010 of the Code.
16 B. Violation of this Chapter may be enforced or punished in any manner prescribed
17 by law, or through any other process or procedure allowed by this Code or any
18 other applicable law.
19 8.83.050 Severability.
2 0 The provisions of this Chapter are severable, and if any sentence, section, or other part of
21 this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions,
2 2 and the remaining provisions shall continue in full force and effect.
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MC-1361
1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADDING CHAPTER 8.83 TO THE SAN BERNARDINO MUNICIPAL
2 CODE REGARDING ACCOUNTABILITY FOR SOCIAL HOSTS OF MINORS
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a i oint regular meeting thereof, held
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on the 1st day of August , 2011, by the following vote, to wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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MARQUEZ x
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JENKINS %
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BRINKER x
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SHORETT x
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KELLEY x
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JOHNSON x
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MCCAMMACK x
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15 Rac el G. Clark, City Clerk
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The foregoing ordinance is hereby approved this ~: day of August , 2011.
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PATR K J. MO M yor
21 San Bernardino
2 2 Approved as to form:
2 3 JAMES F. PENMAN,
City Attorney
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2 5 By:
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