13.49.030 Hosting, permitting, allowing a gathering where minors consuming alcoholic beverages prohibited--Reasonable steps to prevent consumption--Self-reporting.
A.
1. Except as permitted by state law, it is unlawful for any person to permit, allow, or host a Gathering at their place of residence or other private property, public place, or any other premises under their control where Alcoholic Beverages have been consumed by a Minor, if such person either knows or reasonably should know that a Minor has consumed an Alcoholic Beverage.
2. A person who permits, allows or hosts a Gathering shall be deemed to have actual or constructive knowledge that a Minor has consumed Alcoholic Beverages if the person has not taken all reasonable steps to prevent the consumption of Alcoholic Beverages by Minors as set forth in subdivision (D) below.
3. An person who permits, allows or hosts a Gathering shall be rebuttably presumed to have actual or constructive knowledge that Minors have consumed Alcoholic Beverages if such person is present at the premises of the Gathering at the time any Minor consumes an alcoholic Beverage.
B. This Section shall not apply if all Minors who are consuming an Alcoholic Beverage are being supervised by their Parents or Guardians.
C. This Section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control.
D. It is the duty of any person who permits, allows or hosts a Gathering at their place of residence or other private property, public place, or any other premises under their control, where Minors will be present, 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 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 at the Gathering, monitoring the activities of persons at the Gathering, and monitoring the conduct of Minors at the gathering.
E. A person who hosts a Gathering shall not be in violation of this Chapter if they seek assistance from the Police Department or other law enforcement agency to remove any person who refuses to abide by the host’ s performance of the duties imposed by this Chapter, or terminate the Gathering because the host has been unable to prevent Minors from consuming Alcoholic Beverages despite having taken all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the Gathering. (Ord. 6975-NS § 1 (part), 2007)