ORD 595 ORDINANCE NO. 595
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADDING CHAPTER 9.26 (SOCIAL HOST LIABILITY FOR
PARTIES AT WHICH UNDERAGE DRINKING OCCURS) OF
TITLE 9 OF THE CITY'S MUNICIPAL CODE TO IMPOSE
LIABILITY ON ADULTS FOR PROVIDING ALCOHOL TO
UNDERAGE PERSONS AND/OR ALLOWING UNDERAGE
DRINKING
WHEREAS, the City of Rancho Palos Verdes ("City"), pursuant to the police powers
delegated to it by the California Constitution, has the authority to enact laws which promote the
public health, safety, and general welfare of its citizens; and
WHEREAS, the minimum legal drinking age is 21 years as established by the Federal
Uniform Drinking Age Act of 1984, and yet alcohol is the most abused substance for minors
ages 12 to 20; and
WHEREAS, underage drinking is directly involved in the deaths of approximately 5,000
youth under the age of 21 every year nationwide, is linked to two-thirds of all sexual assaults
including date rape, contributes to a 10 times higher incidence of physical assault and a 12
times higher incidence of unintentional injury; and
WHEREAS, the 2007 Surgeon General's Call to Action reports alcohol use may alter
adolescents' development and put them at higher risk for long-lasting, detrimental effects on
the developing brain; and
WHEREAS, Minors often obtain, possess, or consume alcoholic beverages at parties
held at private residences or private premises that are under the control of an adult or "social
host" who knows or should know of such conduct but fails to stop it; and
WHEREAS, research identifies adults or"social hosts"as the primary source and private
homes the primary site of alcohol availability, drinking games, and binge drinking for our youth;
and
WHEREAS, many municipalities have adopted social host laws which establish liability
for adults or social hosts who knowingly host parties or gatherings at which minors are provided
access to alcohol; and
WHEREAS, where they exist, social host laws may act as a deterrent through the
assessment of fines, community service, and/or jail time for those who practice social hosting
and provide law enforcement with the ability to intervene at parties where underage drinking
occurs most: in homes and on private property; and
WHEREAS, in 2009 the California State Parent Teacher Association adopted a Social
Host resolution in support of enacting civil laws against property owners on whose premises
underage drinking occurs; and
WHEREAS, on January 31, 2017, at a Special Meeting of the City Council, the Palos
Verdes Peninsula Council of Parent Teacher Associations (PTA) expressly articulated the
advocacy of creation of Social Host Liability legislation by its local governing cities; and
WHEREAS, the City Council further finds and determines that persons who allow minors
to obtain alcoholic beverages at parties held at private residences will be more likely to properly
supervise or stop such parties on property under their control if they are held responsible for
the conduct of such minors
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The facts set forth in the Recitals are true and correct, and are incorporated
herein by reference.
Section 2: The City Council finds that the addition of Chapter 9.26 to Title 9 establishing
liability for social hosts who provide alcohol to persons under age 21 is reasonable and
expected to deter the consumption of alcoholic beverages by minors by holding responsible
adults who know of, or should know of, the illegal conduct yet fail to stop it. Further the City
Council finds that the addition of Chapter 9.26 is necessary to preserve the public peace,
morals, and welfare of underage persons throughout the City.
Section 3: Chapter 9.26 (Social Host Liability for Parties at which Underage Drinking
Occurs) of Title 9 (Public Peace, Morals, and Welfare) is hereby added as follows:
9.26 - Social host liability for parties at which underage drinking occurs.
9.26.010. Purpose and intent. The City Council finds and determines that minors often obtain
alcoholic beverages at parties held at private premises. The City Council further finds and
determines that persons who will be held responsible for abetting or tolerating such conduct
will be more likely to properly supervise or stop such parties on property under their control.
The purposes of this chapter are to:
A. Protect the public health, safety and general welfare;
B. Promote the reduction of underage drinking by imposing a civil fine on persons responsible
for gatherings where alcohol is consumed by, served to or in the possession of underage
persons; and
C. Facilitate the enforcement of laws prohibiting the service to, consumption of or possession
of alcoholic beverages by underage persons;
9.26.020. 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
(1c/0) or more of alcohol by volume and which is fit for beverage purposes either alone or when
diluted, mixed, or combined with other substances.
Ordinance No. 595
Page 2 of 5
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" means a person or persons with a right of possession of the residence
or other private property at which a gathering is conducted. In the event that a gathering at a
residence or other private property at which service to or consumption of alcohol or alcoholic
beverages by underage persons occurs is hosted by a juvenile, then the parents or guardians
of that juvenile will be jointly and severally liable with said juvenile or juveniles for any penalties
incurred pursuant to this chapter. A responsible person includes, but is not limited to:
1. Any owner of the residence or other private property, meaning the record owner of the title
to the property as of the time of gathering, regardless of where that person or entity may
currently actually reside;
2. A tenant or lessee of the residence or other private property;
3. The landlord of another person responsible for the gathering, provided that the landlord has
received notice of a prior gathering at the same residence or other private property;
4. The person(s) in charge of the residence or other private property; and
5. The person(s) who organizes, supervises, officiates, conducts or controls the gathering or
any other person(s) accepting responsibility for such a gathering. A responsible person for the
gathering need not be present at such gathering resulting in the response giving rise to the
imposition of civil money penalties or responses costs. Prior knowledge of the gathering is not
pre-requisite to a finding that any specific individual is a responsible person as defined by this
section.
D. "Underage person" is any person under the age of twenty-one (21).
9.26.030. Social host liability for parties at which underage drinking occurs.
It shall be a civil 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 or possesses alcoholic beverages, where the responsible party
knows or reasonably should know that an underage person has obtained, possesses, or is
consuming an alcoholic beverage.
9.26.040. Exceptions
A. This chapter shall not apply to possession or consumption of an alcoholic beverage by an
underage person under the supervision of the underage person's 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.
Ordinance No. 595
Page 3 of 5
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 the underage drinking.
9.26.050. Notice to responsible person. When a law enforcement, fire or other emergency
response provider makes an initial response to a party, gathering or event at which underage
consumption or possession of alcoholic beverages occurs, the official shall, in writing, notify
any responsible person at the scene that:
1. The official has determined that a party, gathering or event at which underage
consumption or possession of alcoholic beverages exists;
2. The responsible person(s) will be fined for violation of this chapter and billed for
response costs pursuant to Chapter 9.24 if the condition is not abated and an additional
response is required of law enforcement or emergency service providers to abate the
nuisance; and
3. The responsible person(s) are entitled to request a hearing to appeal the fine and
response costs.
This notice shall be given to all identified responsible persons at the time of the initial response.
9.26.070. 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, fire or emergency response providers 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.
Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity
or unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its
application to any other person or circumstance. The City Council declares that it would have
adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 8. Certification and Posting. The City Clerk shall cause this Ordinance to be
posted in three (3) public places in the City within fifteen (15) days after its passage, in
accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting, to be entered in the Book of
Ordinances of the Council of this City.
Ordinance No. 595
Page 4 of 5
PASSED, APPROVED AND ADOPTED this 4th day of April 2017.
ayor
ATTE
•
(40111111
1er,
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 595 passed first reading on March 7, 2017, was duly and regularly adopted by
the City Council of said City at a regular meeting thereof held on April 4, 2017, and that the
same was passed and adopted by the following roll call vote:
AYES: Brooks, Duhovic, Dyda, Misetich
NOES: None
ABSENT: Mayor Campbell
ABSTAIN: None
11L11111/
�i Clerk
Ordinance No. 595
Page 5 of 5
CITY QFL%,.' 1"-RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of the
City of Rancho Palos Verdes;
That on April 6, 2017, she caused to be posted the following document entitled:
ORDINANCE NO. 595, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES ADDING CHAPTER 9.26 (SOCIAL HOST LIABILITY FOR PARTIES AT
WHICH UNDERAGE DRINKING OCCURS)OF TITLE 9 OF THE CITY'S MUNICIPAL
CODE TO IMPOSE LIABILITY ON ADULTS FOR PROVIDING ALCOHOL TO
UNDERAGE PERSONS AND/OR ALLOWING UNDERAGE DRINKING, a copy of
which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting.
Citi Clerk