HomeMy WebLinkAboutOrd 2007-3066
ORDINANCE NO. 3066
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY
ADDING CHAPTER 9.14, SECTIONS 9.14.010 THROUGH
9.14.070 RELATING TO MAKING IT UNLAWFUL FOR
MINORS TO CONSUME ALCOHOLIC BEVERAGES, AND
FOR PERSONS TO HOST, PERMIT, OR ALLOW
GATHERINGS WHERE MINORS ARE CONSUMING
ALCOHOLIC BEVERAGES
WHEREAS, the City of Chula Vista, pursuant to the police powers delegated to it by the
California Constitution and as a charter city, has the authority to enact laws that promote the
public health, safety, and general welfare of its residents; and
WHEREAS, the City of Chula Vista, acting through the City Council [the Council] finds
that parties, gatherings, or events [gatherings] on private property where alcoholic beverages are
consumed by minors, who are under the legal age to consume alcohol in the State of California,
are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of
residential property, and general welfare; and
WHEREAS, the Council finds that minors often obtain alcoholic beverages at gatherings
held at private residences or other private property, places, or premises, including rented
commercial premises, which are under the control of a person who knows or should know of the
consumption of alcoholic beverages by minors; further, the Council finds that persons
responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent
the consumption of alcoholic beverages by minors at these gatherings; and
WHEREAS, control of gatherings on private property where alcoholic beverages are
consumed by minors is necessary when such activity is determined to be a threat to the peace,
health, safety, or general welfare of the public; and
WHEREAS, police officers often are required to make multiple responses to the location
of a gathering where alcoholic beverages are consumed by minors in order to disperse
uncooperative participants, causing a drain on public safety resources and in some cases, leaving
other areas of the City with delayed police response; and
WHEREAS, problems associated with gatherings where alcoholic beverages are
consumed by minors are difficult to prevent and deter unless the City of Chula Vista Police
Department has the legal authority to arrest offenders and direct the host to disperse the
gathering; and
WHEREAS, police ability to abate gatherings on private property where alcohol is
consumed by minors will result in a decrease in abuse of alcohol by minors, physical altercations
and injuries, neighborhood vandalism, and excessive noise disturbance, thereby improving
public safety; and
Ordinance No. 3066
Page 2
WHEREAS, it is the intent of the Council that liability under this Ordinance applies to
any person in control of private property who knowingly hosts, permits, or allows a party,
gathering, or event where minors are present and an alcoholic beverage is being consumed by
any minor, where the person in control of the private property knows or reasonably should know
that a minor has consumed an alcoholic beverage; and
WHEREAS, it is the further intent of the Council to impose a duty on any person having
control of any residence or other private property, place, or premises, including any commercial
premises, who knowingly hosts, permits, or allows a party, gathering, or event, to take all
reasonable steps to prevent the consumption of alcoholic beverages by any minor at the
gathering.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: That the Chula Vista Municipal Code be amended to add Chapter 9.14,
Sections 9.14.010 through 9.14.070 to read as follows:
Chapter 9.14 Alcohol Consumption by Minors
9.14.010
Purpose and intent.
The City Council finds and declares as follows:
A. The City of Chula Vista, pursuant to the police powers delegated to it by the
California Constitution and as a charter city, has the authority to enact laws that promote the
public health, safety, and general welfare of its residents;
B. The occurrence of parties, gatherings, or events on private property where alcoholic
beverages are consumed by minors, who are under the legal age to consume alcohol in the State
of California, are harmful to the minors themselves and a threat to public health, safety, quiet
enjoyment of property, and general welfare;
C. Minors often obtain alcoholic beverages at gatherings held at private residences or
other private property, places, or premises, including rented commercial premises, which are
under the control of a person who knows or should know of the consumption of alcoholic
beverages by minors.
D. Persons responsible for the occurrence of such gatherings often fail to take reasonable
steps to prevent the consumption of alcoholic beverages by minors at these gatherings.
E. The ability of police officers to control gatherings on private property where alcoholic
beverages are consumed by minors is necessary when such activity is determined to be a threat to
the peace, health, safety, or general welfare of the public.
Ordinance No. 3066
Page 3
F. Gatherings involving consumption of alcohol by minors, as defined by this chapter,
are unlawful and constitute a public nuisance pursuant to state law and provisions of this
Municipal Code.
G. The purpose and intent of this chapter is: (I) to protect public health, safety, and
general welfare of people and premises in the city, including the quiet enjoyment of property;
(2) to enforce laws prohibiting the consumption of alcohol by minors; and (3) to reduce the costs
of providing police services to parties, gatherings, or events requiring a response by requiring the
person who knowingly hosts, permits, or allows a party, gathering, or event to ensure minors are
not consuming alcoholic beverages through criminal, civil, administrative, and other penalties as
allowed by state and local law.
9.14.020
Definitions.
For purposes of Sections 9.14.010 through 9.14.070, the following definitions shall
apply:
"Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever
source or by whatever process produced.
"Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or
solid containing alcohol, spirits, wine, or beer, and which contains one-half of one (I) 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.
"Gathering" is a party, gathering, or event, where a group of three or more persons have
assembled or are assembling for a social occasion or social activity.
"Legal Guardian" means: (I) a person who, by 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.
"Minor" means any person under twenty-one years of age.
"Parent" means a person who is a natural parent, adoptive parent, foster parent, or
stepparent of another person.
"Premises" means any residence or other private property, place, or premises, including
any commercial or business premises.
"Response costs" are the costs associated with responses by law enforcement, fire, and
other emergency response providers to a gathering, including but not limited to: (I) salaries and
benefits of law enforcement, code enforcement, fire, or other emergency response personnel for
the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and
the administrative costs attributable to such response(s); (2) the cost of any medical treatment for
any law enforcement, code enforcement, fire, or other emergency response personnel injured
responding to, remaining at, or leaving the scene of a gathering; (3) the cost ofrepairing any city
equipment or property damaged, and the cost of the use of any such equipment, in responding to,
remaining at, or leaving the scene of a gathering; and (4) any other allowable costs related to the
enforcement of Sections 9.14.030 and 9.14.040.
Ordinance No. 3066
Page 4
9.14.030
Consumption of Alcohol by Minor Prohibited in Public Place, Place Open to
Public, or Place Not Open to Public.
Except as permitted by state law, it is unlawful for any minor to:
A. consume at any public place or any place open to the public any alcoholic beverage;
or
B. consume at any place not open to the public any alcoholic beverage, unless in
connection with the consumption of the alcoholic beverage that minor is being supervised by his
or her parent or legal guardian.
9.14.040
Hosting, Permitting, or Allowing a Party, Gathering, or Event Where Minors
Consuming Alcoholic Beverages Prohibited.
A. Imposition of Duty and Violation.
B.
I. It is the duty of any person having control of any premises, who knowingly
hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the
consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are
controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic
beverages present at the gathering; 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 while at the gathering; and supervising the activities of
minors at the gathering.
2. It is unlawful for any person having control of any premises to knowingly host,
permit, or allow a gathering to take place at said premises where at least one minor consumes an
alcoholic beverage, whenever the person having control of the premises either knows a minor
has consumed an alcoholic beverage or reasonably should have known that a minor consumed an
alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an
alcoholic beverage by a minor as set forth in Subsection A.I of this section.
B. This section shall not apply to conduct involving the use of alcoholic beverages that
occurs exclusively between a minor and his or her parent or legal guardian, as permitted by
Article I, Section 4, of the California Constitution.
C. This section shall not apply to any California Department of Alcoholic Beverage
Control licensee at any premises regulated by the Department of Alcoholic Beverage Control.
9.14.050
Mandatory Minimum Fines.
Criminal violations of Sections 9.14.030 and 9.14.040 shall be punishable, on a first
offense, by a mandatory minimum fine of $100.00, plus statutory penalty assessments, with
neither fine nor assessments stayed or suspended, and, on second and subsequent offenses, by a
manaatory minimum fine of $200.00, plus statutory penalty assessments, with neither fine nor
Ordinance No. 3066
Page 5
assessments stayed or suspended. Notwithstanding other provisions of the Municipal Code,
violations of the provisions of this chapter may also be subject to an administrative fine of
$1,000 per incident, as allowed by Section 9.14.060. The administrative fine shall constitute a
debt of the responsible person to the City, and shall be payable to the City in the manner
provided in CVMC Chapters 1.40 and 1.41 and other applicable law. If the responsible person is
a minor, the parent or guardian of the minor shall be jointly and severally liable under this
section.
9.14.060
Reservation of Legal Options.
Violations of Sections 9.14.030 and 9.14.040 may be prosecuted by the City of Chula
Vista, in the name of the People of the State of California, criminally, civilly, and/or
administratively as provided by the Municipal Code. The City of Chula Vista may seek
administrative fees and response costs associated with enforcement of Sections 9.14.030 and
9.14.040, through all remedies or procedures provided by statute, ordinance, or law. Sections
9.14.030 and 9.14.040 shall not limit the authority of peace officers or private citizens to make
arrests for any criminal offense arising out of conduct regulated by Sections 9.14.030 and
9.14.040, nor shall they limit the City ofChula Vista's or the People of the State of California's
ability to initiate and prosecute any criminal offense arising out of the same circumstances
necessitating the application of Section 9.14.030 or 9.14.040.
9.14.070
Local Authority.
Sections 9.14.010 through 9.14.060 shall not apply where prohibited or preempted by
state or federal law.
SECTION II: Effective Date. This Ordinance shall take effect and be in force thirty days
after its final passage.
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Richard P. Emerson
Police Chief
Approved as to form by
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Ann Moore
City Attorney
Ordinance No. 3066
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 24th day of April 2007, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
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Cheryl Cox, Ma or
ATTEST:
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Susan Bigelow, MMC, City Cler
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3066 had its first reading at a regular meeting held on the 17th day of April, 2007
and its second reading and adoption at a regular meeting of said City Council held on the 24th
day of April 2007.
Executed this 24th day of April 2007.
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Susan Bigelow, MMC, City Cle