Chapter 9.18
SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING OCCURS
Sections:
9.18.030 Social host liability for parties at which underage drinking occurs.
9.18.050 Notice to responsible person.
9.18.010 Purpose and intent.
The city council finds and determines that minors may obtain alcoholic beverages at parties held at private premises. The purposes of this chapter are as follows:
A. Protect the public health, safety and general welfare;
B. Discourage and decrease underage drinking by imposing a civil fine on persons responsible for gatherings where alcohol is consumed by or served to underage persons; and
C. Facilitate the enforcement of laws prohibiting the service to and consumption of alcoholic beverages by underage persons. (Ord. 721 § 1, 2017)
9.18.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “Alcoholic beverage” means 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.
B. “Residence or other private property” shall mean a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function venue, and whether owned, leased, rented or used with or without compensation.
C. “Responsible person” includes the following persons, whether or not present at a gathering in violation of this chapter:
1. A person or persons with a right of possession of the residence or other private property at which a gathering is conducted;
2. Each person who has an ownership interest in the premises. In the event the property is rented, the landlord shall qualify as a responsible person where the landlord has received notice of a prior gathering at the same premises;
3. Each person who, although not an owner, nevertheless occupies or has a legal right or legal obligation to exercise possession or control over the premises;
4. Any person who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering; or
5. The parent or legal guardian of an underage person, where the underage person is the host of a gathering in violation of this chapter.
D. “Underage person” is any person under the age of twenty-one. (Ord. 721 § 1, 2017)
9.18.030 Social host liability for parties at which underage drinking occurs.
It shall be a violation of this chapter, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to conduct or allow in a residence or other private property any party, gathering or event at which an underage person consumes alcoholic beverages, where the responsible party knows or reasonably should know that an underage person has obtained or may consume an alcoholic beverage. Prior knowledge of the gathering is not prerequisite to a finding that any specific individual is a responsible person as defined by this section. In the event the responsible person is an underage person, then the underage person, and his/her parents or legal guardian, shall be jointly and severally liable for any penalties incurred pursuant to this chapter. (Ord. 721 § 1, 2017)
9.18.040 Exceptions.
A. This chapter shall not apply to possession or consumption of an alcoholic beverage under the supervision of a parent or guardian in connection with a cultural or religious activity.
B. The penalties provided by this chapter shall not apply to any responsible person who seeks medical attention for an underage person who is or appears to be under the influence of alcohol.
C. The penalties provided by this chapter shall not apply when an attendee at a gathering where underage drinking occurs is the individual who reports to law enforcement the underage drinking. (Ord. 721 § 1, 2017)
9.18.050 Notice to responsible person.
When a law enforcement officer makes an initial response to a party, gathering or event at which underage consumption of alcoholic beverages occurs, the officer shall provide a written notice to all identified responsible persons at the time of the initial response. This notice shall include the following information:
A. The official has determined that a party, gathering or event at which underage consumption of alcoholic beverages exists;
B. The responsible person(s) will be fined for a violation of this chapter;
C. If the condition is not abated and an additional response is required of law enforcement or emergency service providers, such as emergency personnel or fire, to abate the nuisance, the responsible person(s) will be billed for any response costs incurred, pursuant to Chapter 3.32 PVEMC; and
D. The responsible person(s) are entitled to request a hearing to appeal the fine and response costs pursuant to the procedures set forth in Chapter 1.50 PVEMC for appealing administrative citations. (Ord. 721 § 1, 2017)
9.18.060 Penalties.
A. The city council shall establish a schedule of administrative fines for violation of this chapter.
B. In addition to the administrative fines described in this chapter, the responding law enforcement officer may issue an order requiring the gathering to be disbanded, and may cite and/or arrest any law violators under any other applicable ordinances and state statutes. (Ord. 721 § 1, 2017)