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HomeMy WebLinkAboutItem 4.06 Social Host Ordti~~ \ C~ ~`) \~/~:' CITY CLERK File # ^~~0-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 2, 2009 SUBJECT: ATTACHMENTS: RECOMMENDATION: r ~~~ FINANCIAL STATEMENT: DESCRIPTION: An Ordinance Adding a New Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal Code. Report Prepared by Sergeant Ellis Craft, Dublin Police Services ~_~ r , G 1. City Council Agenda Statement dated May 19, 2009 (without attachments) 2. Ordinance adding Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal Code relating to Underage Drinking. 1. Waive the reading and adopt the Ordinance adding Chapter 5.94 to the Dublin Municipal Code relating to Underage Drinking None. At its June 26, 2008 Goals and Objectives meeting, the City Council reviewed and approved with high priority the adoption of a "social host" ordinance intended to address the problem of underage drinking in the City. Dublin Police Services staff has worked with the City Attorney's Office to draft an ordinance that is responsive to the City Council's direction. This Ordinance does not supersede state or local criminal statutes, but serves as an additional local law enforcement option in response to gatherings at which minors consume alcohol. City Council Action: The urgency ordinance was adopted at the May 19, 2009 meeting of the City Council, and became effective immediately. At the same meeting, the City Council held a public hearing regarding the non- urgency ordinance. Following the public hearing the City Council waived the reading and introduced the ordinance. COPY TO: Page 1 of 2 ITEM. NO. 1 Report on Effectiveness of Ordinance At the time the City Council adopted the urgency ordinance and introduced the non-urgency ordinance, it also directed staff to prepare a deliver a report in one year which will analyze the effectiveness of the ordinance. This report will help the City Council to re-evaluate the effectiveness of the ordinance and to consider and request modifications which could increase the ordinance's usefulness as a law enforcement tool. RECOMMENDATION Staff recommends that the City Council waive the reading and adopt the Ordinance Adding Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal Code relating to Underage Drinking. 1218012.5 Page 2 of 2 ~,t OF DpB~~ ~ ~ l r~j~ ~~~ CITY CLERK AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 19, 2009 SUBJECT: An Ordinance Adding a New Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal Code relating to Underage Drinking-. Report Prepared by Sergeant Ellis Craft, Dublin Police Services ATTACHMENTS: 1. Urgency Ordinance adding Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal Code relating to Underage Drinking. 2. Ordinance adding Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal Code relating to Underage Drinking. RECOMMENDATION: 1. Receive Staff presentation; 2. Open public hearing; ~~,- 3. Close public hearing and deliberate; ~.L~ 4. Waive reading and ADOPT the Urgency Ordinance, adding Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal Code relating to Underage Drinking (Attachment 1); and 5. Waive reading and INTRODUCE the Ordinance adding Chapter 5.94 to the Dublin Municipal Code relating to Underage Drinking (Attachment 2). FINANCIAL STATEMENT: None. DESCRIPTION: At its June 26, 2008 Goals and Objectives meeting, the City Council reviewed and approved with high priority the adoption of a "social host" ordinance intended to address the problem of underage drinking in the City. Dublin Police Services Staff has worked with the City Attorney's Office to draft an ordinance that is responsive to the City Council's .direction. This Ordinance does not supersede state or local criminal statutes,. but serves as an additional local law enforcement option in response to gatherings at which minors illegally consume alcohol. --------------------------------------------------------------------------~ a ~~ COPY TO: ATTAC~NT r Page 1 of 4 a ~q Regular ordinance must, by state law, be introduced. and adopted at separate meetings of city councils. Moreover, such ordinances may not take effect sooner than thirty days after their adoption. Because the end of the school year is near and many students will be graduating, an increase in the incidences of underage drinking is expected. For this reason, Staff has prepared both an urgency ordinance for adoption at tonight's City Council meeting, and a regular ordinance for introduction at tonight's meeting. Although Staff believes that sufficient grounds exist for an urgency ordinance, Staff prepared anon-urgency ordinance out of an abundance of caution. The urgency ordinance would be effective immediately. The non-urgency ordinance would be adopted at a subsequent regular meeting (anticipated to be June 2, 2008) and effective 30 days thereafter. The non-urgency ordinance will supersede the urgency ordinance when it goes into effect. The mechanics of this "dual ordinance" procedure will ensure that only those charged with violating the ordinance during the time between the effective date of the urgency ordinance and the non- urgency ordinance could challenge the urgency findings. ANALYSIS: Proposed Ordinance The proposed ordinance is intended to promote the reduction of underage drinking by imposing a penalty on persons responsible for loud or unruly gatherings where alcohol is consumed by minors. In preparing the draft ordinance, Staff analyzed social host ordinances adopted in other jurisdictions (cities of Pleasanton and San Ramon and the County of Alameda -Livermore does not have a Social Host Ordinance) and also considered what mechanisms would be most effective in reducing the incidence of underage drinking while also ensuring that persons associated with parties at which underage drinking occurs will not be deterred from contacting the police department in the event of a medical or other emergency. The ordinance defines a loud or unruly gathering as a party or gathering at a residence or other private property at which loud or unruly conduct occurs and at which alcohol is consumed by minors. The ordinance provides that it is unlawful for any person to permit, allow, or host a loud or unruly gathering at his or her place of residence, or on other private property or rented public property, if such person either knows or reasonably should have known that a minor has consumed an alcoholic beverage. The ordinance is drafted in a manner that a person need not be present at the gathering in order to be deemed in violation of its provisions. Thus, for example, if a parent permits a party to occur at his or her residence, but is not present at the time of the party, he or she may still be liable if underage drinking occurs. Violation of the ordinance is an infraction. Pursuant to Dublin Municipal Code Section 1.04.030, infractions are punishable by a fine of $100 for a first violation, a fine of $200 for a second violation, and a fine of $500 for each additional violation within one year of the first violation. In the review of similar jurisdictions, all three jurisdictions (Pleasanton, San Ramon, and the County of Alameda) have cost recovery components. When cities impose these kinds of cost recovery and civil penalties, state law requires that they adopt procedures governing the imposition, enforcement and collection of the penalties and fines. Cities must also provide a mechanism for the conduct of administrative proceedings to hear any appeals of the imposition of such. penalties. Finally, such appeal hearings can themselves be appealed to the Superior Court with jurisdiction over the city in question. (Govt. Code § 53069.4.) The County of Alameda has indicated that, in practice, they do not seek cost recovery, San Ramon has a cost Do..o 7 ..f n 3~ ~ recovery not to exceed $500, and the City of Pleasanton has a cost recovery of $250 plus expenses related to injured officers and damage to city equipment and/or property. Dublin Police Services Staff and the City Attorney's Office explored the possibility of providing that violations of the social host ordinance would constitute a misdemeanor. However, Police Services learned that when Alameda County adopted a similar ordinance with misdemeanor provisions, the District Attorney refused to press the misdemeanor charges. Dublin Police Services understands that violations of the County social host ordinance are now charged as infractions. The ordinance provides that a person will be deemed to have knowledge that a minor has consumed alcoholic beverages if the person has not taken reasonable steps to prevent the consumption of alcoholic beverages by minors. It further establishes a rebuttable legal presumption that any person who is present at the premises at the time that minors have consumed alcoholic beverages had knowledge that such activities were taking place. The ordinance also describes the sorts of activities that will be considered reasonable steps to prevent the consumption of alcoholic beverages. These steps include, but are not limited to controlling access to alcoholic beverages, controlling the quantity of alcohol beverages at the gathering, verifying the age of persons attending the gathering, and monitoring the activities of minors at the gathering. In certain situations, the ordinance provides that a host of a loud or unruly gathering may contact law enforcement without risk of being cited for violation of the ordinance. These situations are where: 1) he or she seeks assistance from the Police Department or other law enforcement agency to remove any person who refuses to abide by the host's exercise of reasonable steps to prevent minors from drinking at the gathering or wishes to terminate the gathering because he or she has been unable to prevent minors from consuming alcoholic beverages, so long as the request for assistance is made before any other person makes a complaint about the gathering; and 2) where any person seeks emergency assistance to respond to any medical emergency occurring on the premises. The intent of both of these provisions is to reduce the risk that a person will not notify the police of a situation at a party that poses a medical or other emergency for fear that he or she will be cited for violation of the ordinance. Difference between Urgency Ordinance and Regular Ordinance As noted above, Staff is presenting the City Council with two ordinances: one urgency ordinance which will take immediate effect and one regular ordinance which will become effective thirty days after it is adopted: As required by law, the proposed Urgency Ordinance contains a declaration stating the facts constituting the urgency. In order to be effective, the Urgency Ordinance must be passed by a four-fifths vote of the City Council. The regular Ordinance must be passed by a three-fifths vote of the City Council. Dublin Police Services Staff consulted with the City Attorney's Office in drafting this ordinance, and have endeavored to strike a balance between addressing the problem of underage drinking while ensuring, to the greatest extent possible, that emergency services will be provided in situations constituting a medical or other emergency. Paee 3 of 4 ~~~ RECOMMENDATION Staff recommends that the City Council: 1) receive Staff presentation; 2) open public hearing; 3) receive public testimony; 4) close public hearing and deliberate; 5) waive reading and ADOPT the Urgency Ordinance Adding Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal Code relating to Underage Drinking (Attachment 1); and 6) waive reading and INTRODUCE the non-urgency Ordinance Adding Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal Code relating to Underage Drinking (Attachment 2). 1218012.4 Pane 4 of 4 ~~ ORDINANCE NO._ AN ORDINANCE OF THE CITY OF DUBLIN ADDING CHAPTER 5.94 TO THE DUBLIN MUNICIPAL CODE RELATING TO UNDERAGE DRINKING The City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 5.94 shall be added to the Dublin Municipal Code to read as follows: Chapter 5.94 SOCIAL HOST ORDINANCE Sections: 5.94.010 Purpose. 5.94.020 Definitions. 5.94.030 Hosting, permitting, or allowing a loud or unruly gathering. 5.94.040 Exceptions. 5.94.050 Reasonable steps to prevent consumption of alcohol; self- reporting. 5.94.060 Violation -Penalty. 5.94.070 No mandatory duty of care. 5.94.080 Preemption. 5.94.010 Purpose. A. To protect the public health, safety and general welfare; and B. To promote the reduction of underage drinking by imposing penalties on persons responsible for loud or unruly gatherings where alcohol is consumed by, served to or in the possession of minors; thereby enhancing the enforcement of laws prohibiting the consumption of alcohol by minors and reducing the costs of providing police services to parties, gatherings, or events by requiring hosts to ensure minors are not consuming alcoholic beverages. 5.94.020 Definitions. For the purpose of this chapter, the following definitions shall apply: "Alcohol" shall have the meaning of the definition of "alcohol" in Section 23003 of the A97'AC~~IIT z- 6a~y California Business and Professions Code, as that section may be amended from time to time. As of the introduction of this chapter, Section 23003 defines "alcohol" to mean "ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced." "Alcoholic beverage" shall have the meaning of the definition of "alcoholic beverage" in Section 23004 of the California Business and Professions Code, as that section may be amended from time to time. As of the introduction of this chapter, Section 23004 defines "alcoholic beverage" to include "alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 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." "Loud or unruly gathering" means a party or gathering of two or more persons at a residence or on other private property or rented public property upon which loud or unruly conduct occurs and at which alcohol is consumed by minors. Such loud or unruly gatherings include but are not limited to gatherings resulting in: 1. Excessive noise; 2. Excessive traffic; 3. Obstruction of public streets and/or the presence of unruly crowds that have spilled into public streets; 4. Public drunkenness or unlawful public consumption of alcohol or alcoholic beverages; 5. Assaults, batteries, fights, domestic violence or other disturbances of the peace; 6. Vandalism; 7. Litter; or 8. Any other conduct which constitutes a threat to the public health, safety, or quiet enjoyment of residential property or the general welfare. "Minor" means any person less than twenty-one (21) years of age. "Social Host" means any person who permits, allows, or hosts a gathering at his or her place of residence or other private property, public place, or any other premises under his. or her control where alcoholic beverages have been consumed by a minor. 7~~I 5.94.030 Hosting, permitting, or allowing a loud or unruly gathering. The following shall apply to the permitting, allowing, or hosting of a loud or unruly gathering where alcoholic beverages have been consumed by a minor: A. Except as permitted by Article 1, Section 4, of the California Constitution, it is unlawful for any person to permit, allow, or host a loud or unruly gathering at his or her place of residence, or on other private property or rented public property, if such person either knows or reasonably should have known that a minor has consumed an alcoholic beverage. B. A person who permits, allows, or hosts a loud or unruly 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 Section 5.94.050(A) below. C. Any person who permits, allows, or hosts a loud or unruly 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. 5.94.040 Exception. This Chapter shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control. 5.94.050 Reasonable steps to prevent consumption of alcohol; self-reporting. A. It is the duty of any person who permits, allows or hosts a loud or unruly gathering at his or her place of residence or other private property, public place, or any other premises under his or her control, to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps include, but are not limited to, the following: controlling access to alcoholic beverages at the gathering; controlling the quantity of alcohol 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; and monitoring the activities of minors at the gathering. B. A person who hosts a loud or unruly gathering shall not be in violation of this Chapter if he or she seeks 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 terminates 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. a~~ C. A person who hosts a loud or unruly gathering shall not be in violation of this Chapter if any person at the gathering seeks emergency assistance to respond to any medical emergency occurring on the premises. 5.94.060 Violation -Penalty. A. Violation of this Chapter shall be an infraction. B. Nothing in this Chapter in any way limits any other remedy that may be available to the City, or any penalty that may be imposed by the City, for violations of this Chapter. 5.94.070 No mandatory duty of care. This ordinance is not intended to impose, and shall not be construed or given effect in a manner that imposes upon the City, or any officer, employee, agent, or representative of the City, a mandatory duty of care toward persons or property within and without the City limits, so as to provide a basis of civil liability for damages, except as may otherwise be imposed by law. 5.94.080 Preemption. This chapter shall not be interpreted in any manner that conflicts with the laws or constitutions of the United States or the state of California. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. q ~9 PASSED, APPROVED AND ADOPTED this day of , 2009. AYES: NOES: ABSENT: ABSTAIN: Tim Sbranti, Mayor ATTEST: Caroline Soto, City Clerk 1193024.8