HomeMy WebLinkAboutORD-16-1364 (SOCIAL HOST LIABILITY)1
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ORDINANCE NO. 16-1364
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADDING SECTION 9.28.030 TO THE HERMOSA BEACH MUNICIPAL
CODE REGARDING SOCIAL HOST LIABILITY FOR PARTIES AND
GATHERINGS INVOLVING UNDERAGE DRINKING
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES
ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. Section 8.24.070 of the Hermosa Beach Municipal Code currently imposes a financial
liability on persons responsible for private property at which law enforcement is required to abate
the nuisance of a loud party or gathering.
B. In furtherance of the City's commitment to preventing underage drinking, this
Ordinance makes it a separate offense for persons to allow underage drinking on private property
for which they are responsible, regardless of whether a violation of Section 8.24.070 occurs.
SECTION 2. Title 9, Chapter 9.28 (Parties, Events and Gatherings on Private Property)
of the Hermosa Beach Municipal Code is amended to add a new section 9.28.030 to read as
follows:
Social Host Liability for Parties at Which Underage Drinking Occurs
A. Definitions
For the purposes of this chapter, the following definitions shall apply:
"Alcoholic beverage" shall have the same meaning as set forth in Section 12.20.010 of this Code.
"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.
"Responsible person" shall have the same meaning as set forth in Section 1.10.020 of this Code
and shall also include the person(s) who organizes, supervises, officiates, conducts or controls the
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gathering or any other person(s) accepting responsibility for such a gathering. A responsible
person shall be subject to liability under this Section regardless of whether he or she possesses
prior knowledge of the event or is present at the event at which underage consumption or
possession of alcoholic beverages occurs.
"Underage person" is any person under the age of twenty-one (21).
B. 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 underage persons consume or possess alcoholic beverages, except under the supervision of
a parent or guardian in connection with a cultural or religious activity. In the event that such an
unlawful party, gathering or event is hosted by a juvenile, the parents or guardians of that juvenile
will be jointly and severally liable with said juvenile or juveniles for any penalties and costs
incurred pursuant to this Section. Violation of this Section shall be subject to the administrative
penalty provisions set forth in Chapter 1.10 of this Code.
C. When a law enforcement, fire or other emergency response provider responds to a
party, gathering or event at a residence or other private property within the City at which underage
consumption or possession of alcoholic beverages occurs, all responsible persons shall be jointly
and severally liable, in addition to any fines assessed pursuant to Chapter 1.10 of this Code, for
the City's costs of responding to that unlawful event and all subsequent unlawful events at the
property involving underage consumption or possession of alcoholic beverages. Such costs are
deemed to be costs incurred in the physical abatement of the public nuisance.
D. 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
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response costs 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.
E. If the condition is not voluntarily abated and additional law enforcement or
emergency response personnel are called upon to respond on behalf of the City in order to abate
the nuisance, the responsible person shall be liable for the City's costs incurred in the abatement
of the nuisance, excluding the initial response provided by a law enforcement officer. The City
Manager or his designee shall calculate all such costs and bill the responsible person. Payment
shall be due and payable within fifteen (15) days of the billing date. If the amount is not paid, the
City may collect the debt, as well as any fees and costs incurred in its collection, pursuant to all
applicable provisions of law.
F. In addition to the administrative penalties set forth in this Section, 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 3. Title 1, Chapter 1.10, Section 1.10.040 of the Municipal Code is amended
to add Section 9.28.030 to the list of Code violations subject to administrative penalty procedures.
SECTION 4. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 5. The City Council designated the City Attorney to prepare a summary of this
ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full
text of said ordinance. The City Clerk caused said summary to be published on May 5, 2016 [five
(5) days before the adoption of the ordinance] in the Easy Reader, a weekly adjudicated
newspaper of general circulation, published and circulated in Hermosa Beach. Prior to the
expiration of fifteen (15) days after the date of adoption of the ordinance, the City Clerk shall
cause the summary to be re -published in the Easy Reader.
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SECTION 6. The City Clerk shall certify to the passage of this ordinance, shall enter the
same in the book of original Ordinances of said city, and shall make minutes of the passage and
adoption thereof in the records of the proceedings of the City Council at which the same is passed
and adopted.
PASSED, APPROVED and ADOPTED this 1 Oth day of May, 2016 by the following vote:
AYES:
Armato, Duclos, Fangary, Massey, Mayor Petty
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
City Clerk
the City
and MAYOR of the City of Hermosa Beach, California
APPROVED AS TO RM:
r"
ti
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-�V
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 13-1364 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 10"' day of May, 2016, and a
summary of said Ordinance will be re -published in the Easy Reader on May 19, 2016.
The vote was as follows:
AYES:
Armato, Duclos, Fangary, Massey, Mayor Petty
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dated: May 10, 2016
ell
Elaine Doerfling, City Clerk