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CC - Item 9C - Proposed "Social Host Underage Drinking and Cinsumption Accountability" Ordiinance E M F 9 ° ROSEMEAD CITY COUNCIL a~~¢ STAFF REPORT 'N~ORPORATED ~Q TO: THE HONORABLE MAYOR AND CITY C UNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JULY 27, 2010 SUBJECT: PROPOSED "SOCIAL HOST UNDERAGE DRINKING AND CONSUMPTION ACCOUNTABILITY" ORDINANCE SUMMARY One of the many goals of the Rosemead Public Safety CONNECTIONS Forum is to educate parents, grandparents, and other caregivers of their responsibilities to help young people to avoid the negative consequences associate with alcohol and drug use. The CONNECTIONS Forum is recommending that the City Council adopt the "Social Host Underage Drinking and Consumption Accountability" Ordinance, which prohibits gatherings where alcohol is served to, consumed by or in the possession of underage persons. The purpose of the ordinance is to send a clear message to parents and others that they have a responsibility not to allow underage drinking on their propoerties. The proposed ordinance will be a valuable resource and "tool" to assist Sheriff Deputies in the enforcement of underage drinking laws. Staff Recommendation Staff recommends that the City Council introduce Ordinance No. 899 for first reading, approving the addition of Municipal Code 9.18 to protect and promote the health, safety, and general welfare of the youth and other residents in the City of Rosemead. DISCUSSION City Council created the CONNECTIONS Forum at the beginning of the year. The Forum's three-fold mission is to: 1) serve as a community "think tank" and "information clearinghouse" to prevent crime and combat the impacts of alcohol and drug abuse in Rosemead; 2) assist in the community effort to educate young people about the adverse effects of alcohol and drugs on their safety and health, quality of life, and future opportunities; 3) increase the awareness of parents, grandparents and other caregivers of their responsibilities to help young people avoid the negative consequences associated with alcohol and drug use. The CONNECTIONS Forum recommends adoption of this Ordinance because, although current California State law prohibits furnishing alcoholic beverages to underage persons, the powerful legal and normative message underlying this law is clouded as State law also allows youth possession of alcohol on private.property or with the consent of a parent, relative, or legal age spouse. This proposed Ordinance will send a clear message that parents, and others, have a responsibility to manage their private property in a way that prever q~ inking QC APPROVED FOR CITY COUNCIL AGENDA: ft m". City Council Meeting July 27, 2010 Page 2 of 2 parties. This Ordinance does not prohibit parties, gatherings or events where religious services and/or activities protected by Article 1, Section 4 of the California Constitution, are exercised, nor does the Ordinance prohibit the consumption of an alcoholic beverage by a minor at any place not open to the public when the minor is being supervised by his or her own parent or legal guardian. Youth access to alcoholic beverages is a nation-wide problem. Within our local community we have been fortunate to work with several community groups through the CONNECTIONS Forum to address the adverse affects of alcohol use. Violations of the Ordinance would constitute a misdemeanor criminal offense, which is punishable by a fine of up to $1,000 and or up to six (6) months in jail. However, the CONNECTIONS Forum has included language in the Ordinance to provide the City Attorney with discretion to reduce a violation to an infraction and/or require offenses to attend counseling. In summary, the CONNECTIONS Forum recommends that City Council adopt this Ordinance because it educates the public, clarifies the responsibilities of those who host parties, and can be enforced which will reduce youth access to alcoholic beverages at parties. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Tim Murakami Rosemead Police Chief Attachment: Ordinance No. 899, "Social Host Underage Drinking and Consumption Accountability" ORDINANCE NO. 899 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADDING CHAPTER 9.18 ENTITLED "SOCIAL HOST UNDERAGE DRINKING AND CONSUMPTION ACCOUNTABILITY" TO THE ROSEMEAD MUNICIPAL CODE TO PROTECT AND PROMOTE THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE YOUTH AND OTHER RESIDENTS OF THE CITY OFROSEMEAD WHEREAS, the City of Rosemead is authorized by California Constitution Article Xl, Section VII to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations and as a policy, the City Council always seeks to ensure public safety is given the highest priority; and WHEREAS, according to local, state and federal surveys, alcohol is overwhelmingly and consistently the most widely used drug at all adolescent age levels, and a child who begins alcohol use prior to age fifteen (15) is four times as likely to experience alcohol dependence than one who refrains from alcohol use until age twenty (20) or older; and WHEREAS, the occurrence of parties, gatherings, or events on private property where alcoholic beverages are served to, consumed by or in the possession of underage persons is harmful to the underage persons themselves and is a public nuisance; and WHEREAS, the City of Rosemead has made numerous and substantial efforts to enforce underage drinking and consumption laws. Despite these efforts, use of alcohol by youth remains a serious problem in the City, contributing significantly to the incidence of adolescent crime, addiction, sexual assault, truancy, driving under the influence of alcohol, and motor vehicle crashes involving alcohol and causing injury and/or death; and WHEREAS, underage persons often obtain alcoholic beverages at gatherings held at private residences or at rented residential or commercial premises that are under the control of a person who knows or should know of the service to, possession by, and/or consumption of alcoholic beverages by underage persons. Persons responsible for the occurrence of parties, gatherings, or events on private property over which they have possession or control have failed to ensure that alcoholic beverages are not served to, consumed by or possessed by underage persons at these gatherings; and WHEREAS, control of parties, gatherings, or events on private property where alcoholic beverages are served to, consumed by or possessed by underage persons is necessary when such activity is determined to be a public nuisance; and Page 1 WHEREAS, persons held responsible for abetting or allowing parties, gatherings, or events where alcoholic beverages are served to, consumed by or possessed by underage persons will be more likely to properly supervise or to stop such conduct at parties, gatherings or events held on property in their possession or under their control; and WHEREAS, in the past and present, law enforcement, fire and other emergency response services personnel have responded and are required to respond, sometimes on multiple occasions, to parties, gatherings, or events on private property at which alcoholic beverages are served to, consumed by or possessed by underage persons, and responses to such gatherings result in a disproportionate expenditure of public safety resources of the City and the County, which are underwritten by taxes paid to the City and the County by taxpayers and residents, and also result in a delay of responses to regular and emergency calls to the rest of the City; and WHEREAS, problems associated with parties, gatherings, or events at which alcoholic beverages are served to, consumed by or possessed by underage persons are difficult to prevent or deter unless the City has the legal authority to penalize said action; and . WHEREAS, the intent of this article is to protect the public health, safety and enjoyment of residential property and general welfare; and WHEREAS, Section 25658 of the State of California Business and Professions Code makes it unlawful for a person under the age of twenty-one (21) years to purchase or attempt to purchase, or consume alcoholic beverages and makes it unlawful for any person to sell any alcoholic beverage to any person under the age of twenty-one (21) years; and WHEREAS, the City Council of the City of Rosemead therefore determines that this chapter is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the youth and other residents of the City of Rosemead. Section 1: CHAPTER 9.18 OF THE ROSEMEAD MUNICIPAL CODE IS HEREBY ADDED AS FOLLOWS: SOCIAL HOST UNDERAGE DRINKING AND CONSUMPTION ACCOUNTABILITY Sections: 9.18.010 Purpose, Intent and Findings 9.18.020 Definitions 9.18.030 Prohibition of Parties, Gatherings, or Events Where Alcohol Is Served to, Consumed by or in the Possession of Underage Persons 9.18.040 Enforcement Page 2 9.10.10 Purpose, Intent and Findings. The City Council finds, determines and declares that this Chapter has been enacted based upon the following facts and purposes: (1) The occurrence of parties, gatherings, or events on private property where alcoholic beverages are served to, consumed by or in the possession of underage persons is harmful to the underage persons themselves and is a public nuisance; and (2) According to local, state and federal surveys, alcohol is overwhelmingly and consistently the most widely used drug at all adolescent age levels, and a child who begins alcohol use prior to age fifteen (15) is four times as likely to experience alcohol dependence than one who refrains from alcohol use until age twenty (20) or older; and (3) The occurrence of parties, gatherings, or events on private property where alcoholic beverages are served to, consumed by or in the possession of underage persons is harmful to the underage persons themselves and is a public nuisance; and (4) The City of Rosemead has made numerous and substantial efforts to enforce underage drinking and consumption laws. Despite these efforts, use of alcohol by youth remains a serious problem in the City, contributing significantly to the incidence of adolescent crime, addiction, sexual assault, truancy, driving under the influence of alcohol, and motor vehicle crashes involving alcohol and causing injury and/or death; and (5) Underage persons often obtain alcoholic beverages at gatherings held at private residences or at rented residential or commercial premises that are under the control of a person who knows or should know of the service to, possession by, and/or consumption of alcoholic beverages by underage persons. Persons responsible for the occurrence of parties, gatherings, or events on private property over which they have possession or control have failed to ensure that alcoholic beverages are not served to, consumed by or possessed by underage persons at these gatherings; and (6) Control of parties, gatherings, or events on private property where alcoholic beverages are served to, consumed by or possessed by underage persons is necessary when such activity is determined to be a public nuisance; and (7) Persons held responsible for abetting or allowing parties, gatherings, or events where alcoholic beverages are served to, consumed by or possessed by underage persons will be more likely to properly supervise or to stop such conduct at parties, gatherings or events held on property in their possession or under their control; and (8) In the past and present, law enforcement, fire and other emergency response services personnel have responded and are required to respond, sometimes on multiple occasions, to parties, gatherings, or events on private property at which alcoholic beverages are served to, consumed by or possessed by underage persons, and responses to such gatherings result in a disproportionate expenditure of public safety resources of the City, which are underwritten by taxes paid to the City and the County Page 3 by taxpayers and residents, and also result in a delay of responses to regular and emergency calls to the rest of the City; and (9) Problems associated with parties, gatherings, or events at which alcoholic beverages are served to, consumed by or possessed by underage persons are difficult to prevent or deter unless the City has the legal authority to penalize said action; and (10) The intent of this article is to protect the public health, safety and enjoyment of residential property and general welfare; and (11) Section 25658 of the State of California Business and Professions Code makes it unlawful for a person under the age of twenty-one (21) years to purchase or attempt to purchase, or consume alcoholic beverages and makes it unlawful for any person to sell any alcoholic beverage to any person under the age of twenty-one (21) years; and (12) The City Council of the City of Rosemead therefore determines that this chapter is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the youth and other residents of the City of Rosemead. 9.18.020 Definitions. For the purpose of this article, the following definitions shall apply: (1) "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, 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. (2) "Juvenile" means any person less than eighteen (18) years of age. (3) "Minor" means any person less than twenty-one (21) years of age. (4) "Parties, gatherings or events" means and includes a group of two (2) or more persons who have assembled or are assembling for a social occasion or social activity at a residence or on other private property or rented public property. Parties, gatherings or events which violate the prohibitions set forth in section 9.18.030 shall constitute a public nuisance. (5) "Person responsible for the event" means and includes, but is not limited to: (A) The person who owns, rents, leases or otherwise has control of the premises where the party, gathering, or event occurs; and/or (B) The person in charge of the premises; and/or (C) The person who organized the event; and/or (D) The person who supervised the event. (6) "Underage person" means any person less than twenty-one (21) years of age and shall have the same meaning as "minor," as defined above. Page 4 9.18.030 Prohibition of Parties, Gatherings, or Events Where Alcohol Is' Served to, Consumed by or in the Possession of Underage Persons. No person shall knowingly suffer, permit, or host a party, gathering or event at his or her place of residence or other private or public property, place or premises under his or her control where two or more persons under the age of 21 are present, where alcoholic beverages are in the possession of, being consumed by, or served to any underage person. This prohibition shall not apply to parties, gatherings or events where religious services and/or activities protected by Article 1, Section 4, of the California Constitution, are exercised, nor shall the prohibition apply to the consumption of an alcoholic beverage by a minor at any place not open to the public when the minor is being supervised by his or her own parent or legal guardian. 9.18.040 Enforcement. (1) Any person violating Section 9.18.030 of this Chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000) and/or imprisonment of not more than six (6) months, except as noted in subsection (2). (2) Violations of this chapter shall be punishable by the City Attorney as provided by Chapter 1.16 of the Rosemead Municipal Code, with the City Attorney having discretion to reduce any violation of this Chapter to an infraction and/or to require offenders to attend counseling. (3) The procedures provided for in this section are in addition to any other statute, ordinance or law, civil or criminal. This section in no way limits the authority of law enforcement officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this Chapter. Section 2: COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQK) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Section 3: SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 4: EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from its adoption. Page 5 Section 5. PUBLICATION. The City Clerk shall cause this ordinance to be published in the manner required by law. PASSED AND ADOPTED by the City Council of the City of Rosemead at a regular meeting held on 2010. Gary Taylor, Mayor ATTEST: Gloria Molleda, City Clerk APPROVED AS TO FORM: Joseph M. Montes, City Attorney Page 6