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HomeMy WebLinkAboutDRC2010-00624 Social Host OrdinanceSTAFF REPORT PLANNING DEPARTMENT Date: October 20, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director Joe Cusimano, Police Chief By: Larry Henderson AICP, Principal Planner Subject: CONSIDERATION OF MUNICIPAL CODE AMENDMENT DRC2010-00624 - CITY OF RANCHO CUCAMONGA - A request to add Chapter 9.33 of Title 9 regarding providing accountability for social hosts of minors and for unruly parties. RECOMMENDATION: Staff recommends that the City Council approve Municipal Code Amendment DRC2010-00624. BACKGROUND: On September 1, 2010, the City Council initiated Municipal Code Amendment DRC2010-00624. Planning and Police Department Staff brought the request to the City Council after attending an alcohol policy conference hosted by the West End Gangs and Drugs Task Force, One of the topics of discussion was regarding the different enforcement tools available to local police departments to deal with issues related to underage drinking, substance abuse, andexcessive calls for service for unruly gatherings. The concept of a "Social Host Ordinance" was presented as a unique tool for police departments to better deter underage drinking at private parties. Parties and gatherings on private property have repeatedly been identified as the primary source by which youth obtain alcohol and other illegal substances. Often, youth obtain alcohol at parties through friends, older siblings, parents, or other adults. A Social Host Ordinance addresses the problem of underage drinking where it most frequently occurs — in homes and on other private property. Underage drinking parties, even casual gatherings with just a few teens, can quickly spiral out of control and result in injuries to youths and excessive calls for service. Many surrounding cities and others across the state have adopted Social Host Ordinances to deter underage drinking and provide their police departments with the ability to recover costs for excessive calls for service at unruly gatherings. In addition, at the annual conference of the League of California Cities in 2009, a resolution was adopted by the General Assembly supporting local policies that hold social hosts responsible for underage drinking. ANALYSIS: The proposed ordinance will do the following: Update current standards regarding second responses by police to parties and other assemblages. CITY COUNCIL STAFF REPORT DRC2010-00624 — CITY OF RANCHO CUCAMONGA October 20, 2010 Page 2 • Deter underage consumption of alcohol, marijuana, and other illegal substances at parties and other gatherings. • Encourage parents and adults to avoid unsafe environments that foster high risk, destructive behavior. • Provide parents with a peace of mind by knowing that when their child is at someone else's home, it is illegal for another adult to let them consume alcohol. • Hold both teens and adults accountable for their behavior. • Provide law enforcement with an important tool to prevent tragedy rather than react to it. • Assist and support parents and their children to communicate and make wise decisions. • Reinforce a clear and consistent community -wide message that underage drinking is unhealthy, unsafe, and unacceptable. While it is illegal for adults to furnish alcohol to individuals under the age of 21, when law enforcement arrives on the scene of an underage drinking party, youth typically do _not identify the individual who actually provided the alcohol. A Social Host Ordinance allows law enforcement to cite the individual who hosts or provides a setting for underage drinking to take place. Adults who knowingly allow underage alcohol use on their private property will be held responsible. If an adult is not aware that an underage person brought alcohol onto the property or if the underage person is concealing the alcohol, that adult will not be held responsible. Police officers must establish probable cause by determining that a person knew or should have known that underage drinking was occurring on the premises. Typical penalties would result in a misdemeanor citation and associated fine. The Rancho Cucamonga Police Department believes that a Social Host Ordinance would be a beneficial tool to more effectively deter underage drinking in the City. The Police Department intends to work with the local school districts to educate youth and parents about the dangers of underage drinking, as well as the penalties that result for hosts of underage drinking parties. In addition, the Rancho Cucamonga Police Department believes that the current standards regarding second responses by police to parties and other gatherings needs to be updated. Updating these code sections will allow the Police Department to more effectively deter repeat calls for service. CITY COUNCIL STAFF REPORT DRC2010-00624 — CITY OF RANCHO CUCAMONGA October 20, 2010 Page 3 CONCLUSION: The attached Draft Ordinance is presented to the City Council for consideration and action. Respectfully submitted, 11�7 James RR, �1� . Troyer, AICP Planning Director JRT:LH/Is Attachments: Exhibit A - Draft Ordinance for DRC2010-00624 CITY COUNCIL ORDINANCE NO. October 20, 2010 Page 1 ORDINANCE NO. AN ORDINANCE OF CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 9.33 OF TITLE 9 TO THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING PROVIDING ACCOUNTABILITY FOR SOCIAL HOSTS OF MINORS WHEREAS, the City of Rancho Cucamonga ("City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents; and WHEREAS, residents of the City have complained to the Rancho Cucamonga Police Department ("Police Department") about behavior at parties, social gatherings, or events ("Parties") that have been the subject of multiple police calls; and WHEREAS, the City Council of the City ("Council") finds that Parties on private property where alcoholic beverages, marijuana and other controlled substances are served to or consumed by minors, are harmful to the minors themselves and are a threat to the public health, safety, and welfare and to the quiet enjoyment of property by the City's residents; and WHEREAS, minors may obtain alcoholic beverages, marijuana and other controlled substances at Parties 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, marijuana and other controlled substances by minors; and WHEREAS, persons responsible for the occurrence of such Parties often fail to take reasonable steps to prevent the consumption of alcoholic beverages, marijuana and other controlled substances by minors at these Parties; and WHEREAS, control of Parties on private property where alcoholic beverages, marijuana and other controlled substances are consumed by minors or at which unruly or illegal behavior occurs is necessary when such activity is determined to be a threat to the health, safety, or general welfare of the public; and WHEREAS, problems associated with Parties where alcoholic beverages, marijuana and other controlled substances are consumed by minors or which produce nuisances are difficult to prevent and deter unless the City, through its Police Department, has the legal authority to arrest or otherwise penalize offenders and direct the host to disperse the Party; and WHEREAS, the Police Department's ability to abate such Parties will likely result in a decrease in abuse of alcohol, marijuana and other controlled substances by minors, physical altercations and injuries, neighborhood vandalism, and excessive noise disturbances, thereby improving public safety, health and welfare; and WHEREAS, it is the intent of the Council to impose a duty on any person having control of any residence or other private property, place, or premises who hosts, permits, or allows a 11231-0001\1279716v7.doc CITY COUNCIL ORDINANCE NO. October 20, 2010 Page 2 Party or is aware or should reasonably be aware of a Party at such premises to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana or other controlled substances by any minor at the Party. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.33 of Title 9 of the Rancho Cucamonga Municipal Code is hereby added to state the following: "Chapter 9.33 — ACCOUNTABILITY FOR BEING A SOCIAL HOST OF MINORS 9.33.010 — Purpose. 9.33.020 — Definitions. 9.33.030 — Hosting, Permitting, or Allowing a Party where Minors Consume Alcoholic Beverages, Marijuana and Other Controlled Substances Prohibited. 9.33.010 — Purpose. The purpose of this Chapter is to protect the public health, safety and general welfare in two ways. First, the Chapter enhances the ability of law enforcement to deter the consumption of alcohol, marijuana or other controlled substances by minors. Second, the Chapter reduces the costs of providing police services to parties, gatherings or events requiring a response by requiring hosts to ensure minors are not consuming alcoholic beverages, marijuana or other controlled substances. 9.33.020 — Definitions. The words and phrases used in this Chapter have the meanings as set forth below: A. "Alcoholic beverage" shall have the same meaning as in Business and Professions Code Section 23004 or any successor section. B. "Control" of a premises shall be deemed to be vested in both the owner(s) and the tenant(s) of that premises. C. "Controlled Substance" means a drug or substance whose possession and use are regulated under the California Uniform Controlled Substances Act, Health and Safety Code Section 11000 et seq., or any successor statute. Such term shall not include any drug or substance otherwise legally possessed or consumed. . D. "Guardian" means: (i) a person who, under court order, is the guardian of a Minor; or (ii) a public or private agency with whom a Minor has been placed by a court. E. "Minor" means any person less than twenty-one (21) years of age. 11231-0001 \ 1279716v7. doc CITY COUNCIL ORDINANCE NO. October 20, 2010 Page 3 F. "Parent" means a person who is a natural parent, adoptive parent, or step-parent of a minor. G. "Party" is a party, gathering, or event where a group of three (3) or more persons have assembled or are assembling for a social occasion or for a social activity. 9.33.030 — Hosting, Permitting, or Allowing a Party where Minors Consume Alcoholic Beverages, Marijuana and Other Controlled Substances Prohibited. A. It is unlawful for a person having control of any premises to host, permit, or allow a Party to take place at the subject premises, where: 1. At least one Minor consumes an Alcoholic Beverage, marijuana or other Controlled Substance; and 2. The person having control of the premises did not employ any reasonable method to prevent Minors from consuming Alcoholic Beverages, marijuana or other Controlled Substances at the Party. B. Employing a reasonable method to prevent the consumption of Alcoholic Beverages, marijuana or other Controlled Substances by any Minor at a Party includes, but is not limited to: Controlling access to Alcoholic Beverages, marijuana or other Controlled Substances at the Party; 2. Verifying the age of persons attending the Party by inspecting drivers licenses or other government -issued identification cards to ensure that Minors do not consume Alcoholic Beverages, marijuana or other Controlled Substances while at the Party; or 3. Supervising the activities of Minors at the Party. C. A person who hosts, permits or allows a Party shall not be in violation of this Chapter if he or she seeks immediate assistance from the Rancho Cucamonga Police Department or other law enforcement agency to remove any person who refuses to abide by the hosts' performance of the duties imposed by this Section or to terminate the Party because the host has been unable to prevent Minors from consuming or possessing Alcoholic Beverages, marijuana or Controlled Substances 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 Party. D. This Section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control. E. This Section shall not apply to conduct involving the use of Alcoholic Beverages that occurs between a Minor and his or her Parent(s) or Guardian(s)." 11231-0001 \ 12797160.doc CITY COUNCIL ORDINANCE NO. October 20, 2010 Page 4 SECTION 2. Severability. If any section, subsection, subdivision, paragraph, . sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or effective. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published pursuant to state law within fifteen (15) days after its passage, and this Ordinance shall become effective thirty (30) days after its passage. INTRODUCED this day of 12010. PASSED, APPROVED, and ADOPTED this day of 2010 by the following vote: AYES: NOES: ABSTAIN: EXCUSED: ATTEST: M Dr. Donald J. Kurth, Mayor APPROVED AS TO FORM: Janice C. Reynolds, City Clerk James L. Markman, City Attorney 11231-0001\1279716v7.doc CITY COUNCIL ORDINANCE NO. October 20, 2010 Page 5 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance No. 2010-_, adding Chapter 9.33 of Title 9 to the Rancho Cucamonga Municipal Code regarding Providing Accountability for Social Hosts of Minors, was duly adopted and passed at a regular meeting of the City Council on the 20th day of October, 2010 by the following vote: AYES: NOES: ABSTAIN: EXCUSED: ATTEST: Janice C. Reynolds, City Clerk 11231-0001 \ 1279716v7. doc ORDINANCE NO. 835 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 9.33 OF TITLE 9 TO THE RANCHO CUCAMONGA MUNICIPAL. CODE REGARDING PROVIDING ACCOUNTABILITY FOR SOCIAL HOSTS OF MINORS WHEREAS, the City of Rancho Cucamonga ("City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents; and WHEREAS, residents of the City have complained to the Rancho Cucamonga Police Department ("Police Department") about behavior at parties, social gatherings, or events ("Parties") that have been the subject of multiple police calls; and WHEREAS, the City Council of the City ("Council") finds that Parties on private property where alcoholic beverages, marijuana and other controlled substances are served to or consumed by minors, are harmful to the minors themselves and are a threat to the public health, safety, and welfare and to the quiet enjoyment of property by the City's residents; and WHEREAS, minors may obtain alcoholic beverages, marijuana and other controlled substances at Parties 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, marijuana and other controlled substances by minors; and WHEREAS, persons responsible for the occurrence of such Parties often fail to take reasonable steps to prevent the consumption of alcoholic beverages, marijuana and other controlled substances by minors at these Parties; and WHEREAS, control of Parties on private property where alcoholic beverages, marijuana and other controlled substances are consumed by minors or at which unruly or illegal behavior occurs is necessary when such activity is determined to be a threat to the health, safety, or general welfare of the public; and WHEREAS, problems associated with Parties where alcoholic beverages, marijuana and other controlled substances are consumed by minors or which produce nuisances are difficult to prevent and deter unless the City, through its Police Department, has the legal authority to arrest or otherwise penalize offenders and direct the host to disperse the Party; and WHEREAS, the Police Department's ability to abate such Parties will likely result in a decrease in abuse of alcohol, marijuana and other controlled substances by minors, physical altercations and injuries, neighborhood vandalism, and excessive noise disturbances, thereby improving public safety, health and welfare; and WHEREAS, it is the intent of the Council to impose a duty on any person having control of any residence or other private property, place, or premises who hosts, permits, or allows a Party or is aware or should reasonably be aware of a Party at such premises to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana or other controlled substances by any minor at the Party. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.33 of Title 9 of the Rancho Cucamonga Municipal Code is hereby added to state the following: "Chapter 9.33 — ACCOUNTABILITY FOR BEING A SOCIAL HOST OF MINORS 9.33.010 — Purpose. 9.33.020 — Definitions. 9.33.030 — Hosting, Permitting, or Allowing a Party where Minors Consume Alcoholic Beverages, Marijuana and Other Controlled Substances Prohibited. 9.33.010 — Purpose. The purpose of this Chapter is to protect the public health, safety and general welfare in two ways. First, the Chapter enhances the ability of law enforcement to deter the consumption of alcohol, marijuana or other controlled substances by minors. Second, the Chapter reduces the costs of providing police services to parties, gatherings or events requiring a response by requiring hosts to ensure minors are not consuming alcoholic beverages, marijuana or other controlled substances. 9.33.020 — Definitions. The words and phrases used in this Chapter have the meanings as set forth below: A. "Alcoholic beverage" shall have the same meaning as in Business and Professions Code Section 23004 or any successor section. B. "Control" of a premises shall be deemed to be vested in both the owner(s) and the . tenant(s) of that premises. C. "Controlled Substance" means a drug or substance whose possession and use are regulated under the California Uniform Controlled Substances Act, Health and Safety Code Section 11000 et seq., or any successor statute. Such term shall not include any drug or substance otherwise legally possessed or consumed. D. "Guardian" means: (i) a person who, under court order, is the guardian of a Minor; or (ii) a public or private agency with whom a Minor has been placed by a court. E. "Minor" means any person less than twenty-one.(21) years of age. F. "Parent" means a person who is a natural parent, adoptive parent, or step-parent of a minor. G. "Party" is a party, gathering, or event where a group of three (3) or more persons have assembled or are assembling for a social occasion or for a social activity. Ordinance No. 835 — Page 2 of 5 9.33.030 — Hosting, Permitting, or Allowing a Party where Minors Consume Alcoholic Beverages, Marijuana and Other Controlled Substances Prohibited. A. It is unlawful for a person having -.control of any premises to host, permit, or allow a Party to take place at the subject premises, where: 1. At least one Minor consumes an Alcoholic Beverage, marijuana or other Controlled Substance; and 2. The person having control of the premises did not employ any reasonable method to prevent Minors from consuming Alcoholic Beverages, marijuana or other Controlled Substances at the Party. B. Employing a reasonable method to prevent the consumption of Alcoholic Beverages, marijuana or other Controlled Substances by any Minor at a Party includes, but is not limited to: Controlling access to Alcoholic Beverages, marijuana or other Controlled Substances at the Party; 2. Verifying the age of persons attending the Party by inspecting drivers licenses or other government -issued identification cards to ensure that Minors do not consume Alcoholic Beverages, marijuana or other Controlled Substances while at the Party; or 3. Supervising the activities of Minors at the Party. C. A person who hosts, permits or allows a Party shall not be in violation of this Chapter if he or she seeks immediate assistance from the Rancho Cucamonga Police Department or other law enforcement agency to remove any person who refuses to abide by the hosts' performance of the duties imposed by this Section or to terminate the Party because the host has been unable to prevent Minors from consuming or possessing Alcoholic Beverages, marijuana or Controlled Substances 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 Party. D. This Section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control. E. This Section shall not apply to conduct involving the use of Alcoholic Beverages that occurs between a Minor and his or her Parent(s) or Guardian(s)." SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would -have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or effective. Ordinance No. 835 — Page 3 of 5 SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published pursuant to state law within fifteen (15) days after its passage, and this Ordinance shall become effective thirty (30) days after its passage. Please see the following page for formal adoption, certification and signatures Ordinance No. 835 — Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 3`d day of November 2010. AYES: Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, M.D., Mayor ATTEST: oalkz �r nice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 20th day of October 2010, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 3`0 day of November 2010. Executed this.4th, day of November 2010, at Rancho Cucamonga, California. ?njjce C. Reynolds, City Cl&rrk Ordinance No. 835 — Page 5 of .5 CITY COUNCIL ORDINANCE NO. October 20, 2010 Page 1 ORDINANCE NO. AN ORDINANCE OF CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 9.33 OF TITLE 9 TO THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING PROVIDING ACCOUNTABILITY FOR SOCIAL HOSTS OF MINORS Ul•�r■I� 1 WHEREAS, the City of Rancho Cucamonga ("City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents; and WHEREAS, residents of the City have complained to the Rancho Cucamonga Police Department ("Police Department") about behavior at parties, social gatherings, or events ("Parties") that have been the subject of multiple police calls; and WHEREAS, the City Council of the City ("Council") finds that Parties on private property where alcoholic beverages, marijuana and other controlled substances are served to or consumed by minors, are harmful to the minors themselves and are a threat to the public health, safety, and welfare and to the quiet enjoyment of property by the City's residents; and WHEREAS, minors may obtain alcoholic beverages, marijuana and other controlled substances. at Parties 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, marijuana and other controlled substances by minors; and WHEREAS, persons responsible for the occurrence of such Parties often fail to take reasonable steps to prevent the consumption of alcoholic beverages, marijuana and other controlled substances by minors at these Parties; and WHEREAS, control of Parties on private property where alcoholic beverages, marijuana and other controlled substances are consumed by minors or at which unruly or illegal behavior occurs is necessary when such activity is determined to be a threat to the health, safety, or general welfare of the public; and WHEREAS, problems associated with Parties where alcoholic beverages, marijuana and other controlled substances are consumed by minors or which produce nuisances are difficult to prevent and deter unless the City, through its Police Department, has the legal authority to arrest or otherwise penalize offenders and direct the host to disperse the Party; and WHEREAS, the Police Department's ability to abate such Parties will likely result in a decrease in abuse of alcohol, marijuana and other controlled substances by minors, physical 11231-0001\1279716v7.doc � kA CITY COUNCIL ORDINANCE NO. October 20, 2010 Page 2 altercations and injuries, neighborhood vandalism, and excessive noise disturbances, thereby improving public safety, health and welfare; and WHEREAS, it is the intent of the Council to impose a duty on any.person having control of any residence or other private property, place, or premises who hosts, permits, or allows a Party or is aware or should reasonably be aware of a Party at such premises to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana or other controlled substances by any minor at the Party. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.33 of Title 9 of the Rancho Cucamonga Municipal Code is hereby added to state the following: "Chapter 9.33 — ACCOUNTABILITY FOR BEING A SOCIAL HOST OF MINORS 9.33.010 — Purpose. 9.33.020 — Definitions. 9.33.030 — Hosting, Permitting, or Allowing a Party where Minors Consume Alcoholic Beverages, Marijuana and Other Controlled Substances Prohibited. 9.33.010 — Purpose. The purpose of this Chapter is to protect the public health, safety and general welfare in two ways. First, the Chapter enhances the ability of law enforcement to deter the consumption of alcohol, marijuana or other controlled substances by minors. Second, the Chapter reduces the costs of providing police services to parties, gatherings or events requiring a response by requiring hosts to ensure minors are not consuming alcoholic beverages, marijuana or other controlled substances. 9.33.020 — Definitions. The words and phrases used in this Chapter have the meanings as set forth below: A. "Alcoholic beverage" shall have the same meaning as in Business and Professions Code Section 23004 or any successor section. B. "Control" of a premises shall be deemed to be vested in both the owner(s) and the tenant(s) of that premises. C. "Controlled Substance" means a drug or substance whose possession and use are regulated under the California Uniform Controlled Substances Act, Health and Safety 11231-0001\1279716v7.doc CITY COUNCIL ORDINANCE NO. October 20, 2010 Page 3 Code Section 11000 et seq., or any successor statute. Such term shall not include any drug or substance otherwise legally possessed or consumed. D. "Guardian" means: (i) a person who, under court order, is the guardian of a Minor; or (ii) a public or private agency with whom a Minor has been placed by a court. E. "Minor" means any person less than twenty-one (21) years of age. F. "Parent" means a person who is a natural parent, adoptive parent, or step-parent of a minor. G. "Party" is a party, gathering, or event where a group of three (3) or more persons have assembled or are assembling for a social occasion or for a social activity. 9.33.030 — Hosting, Permitting, or Allowing a Party where Minors Consume Alcoholic Beverages, Marijuana and Other Controlled Substances Prohibited. A. It is unlawful for a person having control of any premises to host, permit, or allow a Party to take place at the subject premises, where: At least one Minor consumes an Alcoholic Beverage, marijuana or other Controlled Substance; and 2. The person having control of the premises did not employ any reasonable method to prevent Minors from consuming Alcoholic Beverages, marijuana or other Controlled Substances at the Party. B. Employing a reasonable method to prevent the consumption of Alcoholic Beverages, marijuana or other Controlled Substances by any Minor at a Party includes, but is not limited to: 1. Controlling access to Alcoholic Beverages, marijuana or other Controlled Substances at the Party; 2. Verifying the age of persons attending the Party by inspecting drivers licenses or other government -issued identification cards to ensure that Minors do not consume Alcoholic Beverages, marijuana or other Controlled Substances while at the Party; or 3. Supervising the activities of Minors at the Party. C. A person who hosts, permits or allows a Party shall not be in violation of this Chapter if he or she seeks immediate assistance from the Rancho Cucamonga Police Department or other law enforcement agency to remove any person who refuses to abide by the hosts' performance of the duties imposed by this Section or to terminate 1123 1-0001\1279716v7.doc CITY COUNCIL ORDINANCE NO. October 20, 2010 Page 4 the Party because the host has been unable to prevent' Minors from consuming or possessing Alcoholic Beverages, marijuana or Controlled Substances 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 Party. D. This Section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control. E. This Section shall not apply to conduct involving the use of Alcoholic Beverages that occurs between a Minor and his or her Parent(s) or Guardian(s)." SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or effective. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published pursuant to state law within fifteen (15) days after its passage, and this Ordinance shall become effective thirty (30) days after its passage. 11231-0001 \ 12 79716v7. do c CITY COUNCIL ORDINANCE NO. October 20, 2010 Page 5 INTRODUCED this day of PASSED, APPROVED, and ADOPTED this vote: AYES: NOES: ABSTAIN: EXCUSED: ATTEST: Janice C. Reynolds, City Clerk 2010. day of , 2010 by the following M. Dr. Donald J. Kurth, Mayor APPROVED AS TO FORM: James L. Markman, City Attorney 11231-0001\1279716v7.doc CITY COUNCIL ORDINANCE NO. October 20, 2010 Page 6 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) CITY OF RANCHO CUCAMONGA I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance No. 2010-_, adding Chapter 9.33 of Title 9 to the Rancho Cucamonga Municipal Code regarding Providing Accountability for Social Hosts of Minors, was duly adopted and passed at a regular meeting of the City Council on the _ day of , 2010 by the following vote: AYES: NOES: ABSTAIN: EXCUSED: ATTEST: Janice C. Reynolds, City Clerk 1123 1 -0001\1279716v7.doc Page 1 of 2 Henderson, Larry From: Griffin, Shirr'I Sent: Tuesday, October 19, 2010 8:34 AM To: Henderson, Larry Subject: RE: Summary Notice for Social Host ordinance (Ord. No. 834) -- Needed by Monday, October 25, 2010 Thank you, Larry. I understand better how the pieces are all fitting together now I assumed (and we all know the danger of "assuming"...) that the "whole ball of wax" was being handled by you. Please forgive me. Well, keep me in the loop. These Notices are very important! You know... Thanks again, Larry! Shirr'I From: Henderson, Larry Sent: Tuesday, October 19, 2010 7:36 AM To: Griffin, Shirr'I Subject: RE: Summary Notice for Social Host ordinance (Ord. No. 834) -- Needed by Monday, October 25, 2010 James has been the one working directly with them. From: Griffin, Shirr'I Sent: Monday, October 18, 2010 6:06 PM To: Griffin, Shirr'I; Henderson, Larry Cc: Schrader, Lois Subject: RE: Summary Notice for Social Host ordinance (Ord. No. 834) -- Needed by Monday, October 25, 2010 Larry — Have you been working with the Attorney's office on this one? Usually whoever is working with the Attorney just gets it directly from them. Staff doesn't write it up but can figure out the post -adoption notice from the 1 st one. Remember this is a NEW procedure. Please give me a call if you still have questions. Thanks! Shird Griffin, Deputy City Clerk T: (909) 477-2700, extension 2002 F: (909) 919-2905 City of Rancho Cucamonga `. Please consider the environment before printing this email 10/19/2010 Page 2 of 2 From: Griffin, Shirr'I Sent: Monday, October 18, 2010 8:13 AM To: Henderson, Larry Cc: Schrader, Lois Subject: Hey, Larry! See you have the Social Host ordinance (Ord. No. 834) going Wednesday for 1st reading... We're handling things a little differently in order to save $$$. We do summary ordinances, pre- and post -adoption notices in the IVDB. - The Attorney's office usually drafts the pre -adoption summary. We (the City Clerk's office) usually can put together the post -adoption ordinance summary from there. So, if you've been working with, say Craig Fox over at RW&G, you can get the summary notice from him. Let him know that for the Public Hearing at the November 3, 2010 City Council Meeting (2nd reading), we'll need the summary notice no later than Monday, October 25, 2010. It'll publish Thursday, November 28, 2010. Larry, let me know you've received this email, and if you have questions, call or email. Catch-up with you soon! Shirr'I Griffin Deputy City Clerk -- Records Management Department / City Clerks Office T: (909) 477-2700, extension 2002 F: (909) 919-2905 E: Shirr'I.Griffin@cityofrc.us City of Rancho Cucamonga 10500 Civic Center Drive: Rancho Cucamonga, CA 91730-3801 P. 0. Box 807 : Rancho Cucamonga, CA 91729 Uj Please consider the environment before printing this email 10/19/2010 Page 1 of 1 Henderson, Larry From: drugfreerc@ivdfc.org' Sent: Tuesday, October 19, 2010 8:45 AM To: Drug Free RC Subject: Drug Free RC Requests Your Presence at the RC City Council Meeting, 10/20,7PM Good morning Drug Free RC coalition members! Drug Free RC respectfully requests your presence at the next Rancho Cucamonga City Council meeting Wednesday, October 20, 2010 at 7PM -location- City Hall, 1051)0 Uiivic i✓enterbrive, Rancho Cucamonga. The City Council will have its first reading of the "Social Host" Ordinance. The "Social Host' ordinance is a law that holds any person liable for knowingly providing alcohol to minors in their home or in/on premises under their control, or allowing it to be provided. The intent of the law is to crack down on underage "house parties" which result in unlawful and dangerous behavior and an inevitable visit by law enforcement. Please come to the City Council meeting in support of this ordinance. You will have the opportunity to speak in favor of the resolution for 3-5 minutes if you are comfortable with public speaking. If not, please come any way and support the proposal with your presence and other coalition members who will be speaking during the public comment section. Additionally, if you would like talking points for your presentation, I will be happy to provide them prior to the meeting. Regards, Brenda Chabot, M.Ed. Executive Director -Drug Free RC 909-457-4229 phone/fax 909-559-9096 cell 12223 Highland Avenue, Suite 106-305 Rancho Cucamonga, CA 91739 brenda@drugfreerc.org www.drugfreerc.org 10/19/2010 Page 1 of 1 Henderson, Larry From: Shiri Klima [SKlima@rwglaw.com] Sent: . Thursday, September 30, 2010 1:26 PM To: Henderson, Larry; Daniels, Linda; Troyer, James Cc: James L. Markman Subject: RE: Revised Social Host Ordinance Larry, Section 9.32 will remain as a mechanism for compensation regarding subsequent parties, as it now reads without change. Section 9.33 is only regarding being a social host for a parties where minors consume alcohol, marijuana or other controlled substances. Pursuant to our instructions, the nuisance and particular enforcement provisions have been removed, but of course this is enforceable as a part of the Municipal Code. Thanks, Shiri From: Henderson, Larry [ma i Ito: Larry. Henderson @cityofrc. us] Sent: Thursday, September 30, 2010 1:23 PM To: Shiri Klima; Daniels, Linda; Troyer, James Cc: James L. Markman Subject: RE: Revised Social Host Ordinance So 9.32 will be retained in the RCMC and that section will be the penalty associated with 9.33? From: Shiri Klima [maiIto: SKlima@rwglaw.com] Sent: Thursday, September 30, 2010 12:24 PM To: Daniels, Linda; Troyer, James; Henderson, Larry Cc: James L. Markman Subject: Revised Social Host Ordinance Linda, James and Larry, Attached is a revised version of the Social Host Ordinance with the changes you have requested. Please let us know if you need further changes or have any questions. Thanks, Shiri Klima Richards, Watson & Gershon 355 S. Grand Avenue, Floor 40 Los Angeles, CA 90071 (213) 253-0275 (direct) NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. 10/19/2010 Page 1 of 1 Henderson, Larry From: Shiri Klima [SKlima@rwglaw.com] Sent: Thursday, September 30, 2010 12:24 PM To: Daniels, Linda; Troyer, James; Henderson, Larry Cc: James L. Markman Subject: Revised Social Host Ordinance Attachments: Social Host Ordinance.DOC Linda, James and Larry, Attached is a revised version of the Social Host Ordinance with the changes you have requested. Please let us know if you need further changes or have'any questions. Thanks, Shiri Klima Richards, Watson & Gershon 355 S. Grand Avenue, Floor 40 Los Angeles, CA 90071 (213) 253-0275 (direct) NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. 10/19/2010 Information Summary Case #: DRC2010-00624 10/19/20 3:41:50P Case Description MUNICIPAL CODE AMENDMENT DRC2010-00624 - CITY OF RANCHO CUCAMONGA - A request to repeal and replace Chapter 9.32 of Title 9, revising regulations applicable to social hosts of minors and accountability for unruly gatherings. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed change is to add additional language and enforcement ability and will not result in the creation of any environmental impact Activity Hold Updated Activity Description Date 1 Date 2 Date 3 Disp Level By Date DRCA010 +Application Received 8/17/2010 9/16/2010 None ARC 8/17/2010 DRCG630 +Docket CC CM Staff Report 9/1/2010 DONE None LJH 9/29/2010 DRCA200 Assigned to Planner 9/29/2010 DONE None LJH 9/29/2010 DRCG630 +Docket CC CM Staff Report 10/20/2010 DONE None LJH 10/19/201( Fees Create Created 1 Fee Type Description Trans Revenue Account No. Code Date By Amt. D Name Case People Listing Role Type Address Company Name Hold Primary OWN CITY OF RANCHO CUCAMONGA 9320 BASE LINE RD RANCHO CUCAMONGA, CA 91701-5829 None Y 1 of 1 InfoSummary.