Chapter 40.30
RESPONSIBLE HOST
Sections:
40.30.040 Hosting, allowing a party, gathering, or event – Prohibitions.
40.30.050 Prima facie evidence.
40.30.060 Separate violation for each offense.
40.30.080 Reservation of legal options.
40.30.010 Purpose.
The purpose of this chapter is:
A. To protect public health, safety and general welfare;
B. To enforce laws prohibiting the consumption and/or ingestion of alcohol, marijuana and controlled substances by minors; and
C. To reduce the costs of providing law enforcement services to parties, gatherings, or events requiring a response by requiring party hosts to ensure minors are not consuming and/or ingesting alcoholic beverages, marijuana and/or controlled substances. (Ord. 2093 § 3 (Exh. A), 2019; Ord. 1949 § 2, 2003)
40.30.020 Definitions.
A. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
B. “Alcoholic beverage” means the same as is defined in Section 23004 of the Business and Professions Code, as may be amended or superseded, and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one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.
C. “Control” means any form of dominion including ownership, tenancy, or other possessory right.
D. “Controlled substance” means a drug or substance described in California Health and Safety Code Section 11007, as may be amended or superseded; provided, that the term does not include any drug or substance for which an individual found to have possessed or consumed such drug or substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.
E. “Enforcement services” includes the salaries and benefits of police officers or other code enforcement personnel for the amount of time actually spent in responding to, or in remaining at, the party, gathering, or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured police officers or other code enforcement personnel; and the cost of repairing any damaged City equipment or property; and the cost arising from the use of any damaged City equipment in responding to or remaining at the party, gathering, or event.
F. “Guardian” means (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.
G. “Host” means someone who receives and entertains guests.
H. “Marijuana” means all parts, as a whole or in part, of the Cannabis plant, whether growing or not, the seeds thereof, and/or the resin extracted from any such plant; and every compound, manufacture, derivative or preparation of such plant including seeds, resin, and concentrated marijuana. The prohibition herein includes marijuana in any form including, but not limited to, cigarettes, vapor, food products, or any other product of marijuana that can be smoked or ingested in any way.
I. “Minor” means any person under 21 years of age.
J. “Parent” means a person who is a natural parent, adoptive parent, or stepparent of another person.
K. “Party, gathering, or event” means a group of persons who have assembled or are assembling for a social occasion or social activity. (Ord. 2093 § 3 (Exh. A), 2019; Ord. 1949 § 3, 2003)
40.30.030 Consumption or ingestion of alcoholic beverages, marijuana or controlled substances by minors prohibited in public place, place open to the public, or place not open to the public.
Except as permitted by State law, it is unlawful for any minor to:
A. Consume or ingest at any public place or any place open to the public any alcoholic beverage, marijuana and/or any controlled substance; or
B. Consume or ingest at any place not open to the public any alcoholic beverage, marijuana and/or controlled substance, unless in connection with the consumption of the alcoholic beverage that the minor is being supervised by his or her own parent or legal guardian as permitted by Article I, Section 4 of the California Constitution. (Ord. 2093 § 3 (Exh. A), 2019; Ord. 1949 § 4, 2003)
40.30.040 Hosting, allowing a party, gathering, or event – Prohibitions.
No person having immediate control of any residence or premises shall allow a party, gathering, or event to take place or continue at the residence or premises if:
A. The person knows, or reasonably should know, that three or more minors are present at the party, gathering, or event and alcoholic beverages, marijuana and/or controlled substances are being consumed, ingested or used by any minor; and
B. The person knows, or reasonably should know, that a minor is consuming/ingesting any alcoholic beverage, marijuana and/or any controlled substance at the party, gathering, or event.
C. This section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control. (Ord. 2093 § 3 (Exh. A), 2019; Ord. 1969 § 2, 2005)
40.30.045 Duty to act.
A. Any adult having immediate control of a residence or premises, who is present at the residence or premises at the time alcohol, marijuana or any controlled substance is being consumed or ingested by minors, shall be held to have taken charge of said minors on the basis that said adult knows, or reasonably should know, a duty to terminate the illegal conduct once it is, or should have been, discovered.
B. When a residence or premises are under the immediate control of an adult who is present at the residence or premises at the time alcohol, marijuana or any controlled substance is being consumed or ingested by minors, said control shall be presumed to confer on the adult the ability to terminate the illegal conduct once it is, or should have been, discovered.
C. It is the duty of any person having control of any private property, who knowingly hosts, permits or allows a gathering on the property, to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana or any controlled substance by any minor at the gathering. Reasonable steps include, but are not limited to, (1) controlling access to alcoholic beverages, marijuana, or any controlled substances, (2) controlling the quantity of alcoholic beverages, marijuana, or any controlled substances, (3) verifying the age of persons at the gathering by inspecting driver’s licenses or other government-issued identification cards, and (4) supervising the activities of minors at the gathering. (Ord. 2093 § 3 (Exh. A), 2019; Ord. 1969 § 3, 2005)
40.30.050 Prima facie evidence.
Whenever a person having control of private property is present at that property during a gathering when a minor obtains, possesses, consumes or ingests any alcoholic beverage, marijuana and/or controlled substance, it shall be prima facie evidence that the person knows or should have known that the minor obtained, possessed or consumed an alcoholic beverage, marijuana or controlled substance at the gathering. (Ord. 2093 § 3 (Exh. A), 2019)
40.30.060 Separate violation for each offense.
Each violation of this chapter shall constitute a separate offense. (Ord. 2093 § 3 (Exh. A), 2019)
40.30.070 Penalty.
A. A violation of this chapter shall constitute a misdemeanor punishable by a fine of up to $1,000 and/or by imprisonment for a period not to exceed six months except that notwithstanding any other provision of this chapter, any such violation constituting a misdemeanor under this section may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction in accordance with CMC 1.08.050.
B. In addition to criminal prosecution, when a gathering prohibited by this chapter occurs and a police officer or code enforcement officer is called to the scene, the person or persons having control of the residence or premises shall be liable for the cost of providing enforcement services. (Ord. 2093 § 3 (Exh. A), 2019; Ord. 1949 § 6, 2003. Formerly 40.30.050)
40.30.080 Reservation of legal options.
The City of Coronado does not waive its right to seek reimbursement for actual costs of enforcement services associated with the enforcement of this chapter through other legal remedies or procedures. The procedures provided for in this chapter are in addition to any other statute, ordinance, or law. CMC 40.30.030 and 40.30.040 in no way limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by those same sections, nor do they limit in any way the prosecution’s ability to initiate and prosecute a criminal prosecution for any violation of a criminal offense arising out of the same circumstances necessitating the application of those same sections. (Ord. 2093 § 3 (Exh. A), 2019; Ord. 1949 § 7, 2003. Formerly 40.30.060)