Ord 720ORDINANCE NO. 720
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, REPEALING CHAPTER
9.54 AND ADOPTING CHAPTER 9.54 OF THE POWAY MUNICIPAL CODE
PERTAINING TO HOUSE PARTIES AND CONSUMPTION OF
ALCOHOL BY MINORS
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
Section 1 : Chapter 9.54 of the Poway Municipal Code is repealed.
Section 2 : Chapter 9.54 is added to the Poway Municipal Code, to read as
follows:
Chapter 9.54 HOUSE PARTIES; CONSUMPTION OF ALCOHOL BY MINORS
9.54.010 Purpose and Intent
The City Council finds and determines that youth often obtain alcoholic
beverages at parties or other gatherings held at private residences or at rented
residential and commercial premises, which are under the control of a person or
persons who knows or should know of the illegal conduct and fails to stop it. 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 or gatherings on property under their control. It is the purpose of this chapter to
impose criminal liability on persons who are aware, or should be aware, of the illegal
conduct yet fail to prevent it. It is the further purpose of this chapter to impose civil
liability for the recovery of the costs of enforcement services and to provide for the
recovery of reasonable attorneys' fees in the -event of litigation. Most importantly, it is
the purpose of this chapter to curtail the consumption of alcohol by minors, in order to
prevent the many adverse side effects of alcohol consumption by minors, including
juvenile delinquency and victimization as well as adverse health effects.
9.54.020 Definitions
Terms used in this chapter shall have the meaning given to them by state law
except as expressly provided herein.
A. "Adult" means a person who is 21 years of age or older.
B. "Alcoholic beverage" means any liquid, gas, or solid material intended to
be ingested by a person, which contains ethanol, also known as ethyl alcohol, drinking
alcohol, or alcohol, including but not limited to alcoholic beverages as defined in Section
23004 of the Business and Professions Code, and which contains one percent or more
of alcohol by volume; any intoxicating liquor; any malt beverage, beer, wine, spirits,
liqueur,
whiskey, rum, vodka, cordials, gin, and brandy; and any mixture containing one or more
alcoholic beverages. Alcoholic beverage includes a mixture of one or more alcoholic
beverages whether found or ingested separately or as a mixture.
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C. "Control" means any form of dominion including ownership, tenancy, or
other possessory right.
D. "Enforcement services" means the salaries and benefits of police officers
or other code enforcement personnel for the amount of time actually spent in
responding to, or in remaining at, the gathering; the administrative costs attributable to
the incident; the actual cost of any medical treatment to injured police officers or other
code enforcement personnel; the cost of repairing any damaged city equipment or
property; and the cost arising from the use of any damaged city equipment in
responding to or remaining at the gathering.
E. "Gathering" means 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
at a residence or premises.
F. "Minor" means a person under the age of 21 years.
G. "Residence" or "premises" means a hotel or motel room, home, yard,
apartment, condominium, or other dwelling unit, or a hall or meeting room, whether
occupied on a temporary or permanent basis, whether occupied as a dwelling or for a
party or other social function, and whether owned, leased, rented, or used with or
without compensation.
H. "Social host" means a person who permits or allows a gathering where
one or more minors consume one or more alcoholic beverages on property owned or
controlled by the persons.
9.54.030 Property Owner's Duties and Prohibitions
A. It shall be the duty of any person having control of any residence, real
property, or premises, who hosts, permits, or allows a gathering to take place at said
residence or premises to take all reasonable steps to prevent the consumption of
alcoholic beverages by any minor at the gathering. Whenever the person having control
of the residence or premises either knows or should know a minor has consumed an
alcoholic beverage at the residence or premises in violation of this chapter it is
presumed that the person had the ability to take all reasonable steps to prevent the
consumption of an alcoholic beverage by a minor as set forth in subsection (13)(2) of this
section; it is further presumed that the person has the ability to terminate the illegal
conduct once it is, or should reasonably have been, discovered.
B. No person who owns or has control of any residence or premises shall
allow a gathering to take place or continue at the residence or premises if:
1. At the gathering any minor consumes any alcoholic beverage; and
2. The person knows or reasonably should know by taking all
reasonable steps to prevent alcoholic beverage consumption by any minor, that a minor
possesses or is consuming any alcoholic beverage at the gathering. Reasonable steps
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are (a) controlling access to alcoholic beverages at the gathering; (b) controlling the
quantity of alcoholic beverages present at the gathering; (c) verifying the age of persons
attending the gathering by inspecting drivers' licenses or other government- issued
identification cards to ensure that persons under the age of twenty -one years do not
consume alcoholic beverages while at the gathering; and (d) supervising the activities of
minors at the gathering.
C. This section does not apply to any location or place regulated by the
California Department of Alcoholic Beverage Control
D. 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.
9.54.040 Consumption of alcohol by minor prohibited
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.
9.54.050 Prima Facie Evidence
Whenever a person having control of a residence or premises is present at that
residence or premises at the time that a minor possesses or consumes any alcoholic
beverage thereon, it shall be prima facie evidence that such person had the knowledge or
should have had the knowledge specified in Section 9.54.030 (A) or (B)(2) of this chapter.
This Section affects the burden of producing evidence.
9.54.060 Protected Activities
The provisions of this chapter shall not apply to legally protected religious activities
or gatherings of family members with not more than two non- family members.
9.54.070 Civil Liability for Enforcement Services
When a gathering prohibited by Section 9.54.030 occurs and a police officer or code
enforcement officer is called to the scene, the person or persons having control of the
residence or premises shall be liable for the cost of providing enforcement services during
the second or a follow up response by the police, after a first warning to the person or
persons having such control.
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9.54.080 Reimbursement for Cost of Enforcement Services
The actual cost of enforcement services described in Section 9.54.070 shall be
deemed a debt owed to the city recoverable in a civil action, and shall be recoverable in
a civil action, including reasonable attorney fees and costs.
9.54.090 Reservation of Legal Options
The City of Poway does not waive its right to seek reimbursement for actual
costs of enforcement services through other legal remedies or procedures. The
procedure provided for in this chapter is in addition to any other statute, ordinance or
law, civil or criminal. This chapter in no way limits the authority of peace officers or
private citizens to make arrests for any criminal offense arising out of conduct regulated
by this chapter.
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held the 7 day of June 2011, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 21 day of June 2011.
Don Higginson, Mayor
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No. 720, was duly adopted by the City Council at a meeting of said
City Council held on the 21 st day of June 2011, and that it was so adopted by the following
vote:
AYES: BOYACK, GROSH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
C
Li . Troyan, MMC
i lerk
City of Poway