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CC SR 20170404 G - Social Host Liability OrdinanceRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 04/04/2017 AGENDA HEADING: Consent Calendar Consideration and possible action to adopt a Social Host Liability Ordinance. RECOMMENDED COUNCIL ACTION: (1) Adopt 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. FISCAL IMPACT: N/A Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Gabriella Yap, Deputy City Manager J, REVIEWED BY: Same APPROVED BY: Doug Willmore, City Manager f',, ' ATTACHED SUPPORTING DOCUMENTS: A. Ordinance No. 595 (page A-1) BACKGROUND AND DISCUSSION: On March 7, 2017, the City Council reintroduced Ordinance No. 595 to add Chapter 9.26 to Title 9 of the Rancho Palos Verdes Municipal Code to enact a Social Host Liability Ordinance. The City Council also adopted Resolution No. 2017-09 to established administrative citations for violations of this ordinance. Therefore, Staff now presents Ordinance No. 595 for its second reading and adoption by the City Council. 1 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 01203.0005/354611.1 A-1 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: 01203.0005/354611.1 A-2 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 ('/2) of one percent (1 %) 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" 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: 01203.0005/354611.1 A-3 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. 01203.0005/354611.1 A-4 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, 01203.0005/354611.1 A-5 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. 01203.0005/354611.1 A-6 PASSED, APPROVED AND ADOPTED this 4th day of April, 2017. Brian Campbell, Mayor ATTEST: Emily Colborn, City Clerk 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: NOES: ABSENT: ABSTAIN: CITY CLERK 01203.0005/354611.1 A-7