Attachment 1 - Draft Social Host Ordinance1 of 7
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ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 18 ARTICLE III, MINORS RELATED TO SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING AND DRUG USE OCCURS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AS FOLLOWS:
SECTION 1 : Chapter 18 Title III of the Los Gatos Town Code is hereby amended and restated
as follows:
CHAPTER 18.10 SOCIAL HOST ORDINANCE
18.30.010 Findings and Purpose
18.30.015 Definitions
18.30.020 Duty of the Social Host
18.30.025 Prohibition of Underage Gatherings on Private and Public Property
18.30.030 Hosting by Juvenile
18.30.040 Penalties for Violations
18.30.042 Recovery of Response Costs
18.30.045 No Mandatory Duty of Care
18.30.010 Findings and Purpose.
The Town Council of the Town of Los Gatos does hereby find that:
1. The occurrence of underage social gatherings, defined in this ordinance as a gathering of
two or more underage persons on private or public property where intoxicants are
consumed by underage persons, is harmful to such persons and a threat to public welfare,
health, and safety. The Surgeon General's Call to Action (2007) is hereby incorporated by
reference, to further establish the health, safety and public welfare concerns that exist
with underage drinking or cannabis use.
2. Reliable research indicates that underage consumption of intoxicants is a contributing
factor in the three leading causes of teenage deaths: 1) unintentional injury, 2) homicide
and 3) suicide. Underage drinking is associated with alcohol abuse and a negative impact
on the developing brain of youth. Likewise, consumption of intoxicants is associated with
violent crimes including sexual offenses, DUI, and alcohol-related traffic deaths. Underage
drinking is a common factor in public disturbances, vandalism, and physical altercations,
all of which may require intervention by local law enforcement.
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3. Research has identified easy access to intoxicants and permissive attitudes as two key
factors that contribute to underage drinking, cannabis, or other drug use.
4. Local, state and national studies have established that underage youth most commonly
procure intoxicants from social sources (parties, friends, homes) and others who purchase
it for them.
5. Underage social gatherings frequently occur on private or public property where adults
who own or control the property have failed to ensure that alcoholic beverages, cannabis,
or other intoxicating products are neither served to, nor consumed by underage persons.
Furthermore, there are times when parents or other adults are present at the social
gathering who condone the underage drinking, cannabis, or controlled substance use and
provide the alcohol, cannabis, or controlled substance products.
6. Problems associated with underage social gatherings on private or public property are
difficult to prevent and deter unless the Los Gatos Police Department has the legal
authority to direct the social host to disperse the gathering and to cite the social host.
7. Law enforcement personnel have in the past been required to respond to underage social
gatherings on private and public property where intoxicants are provided to and consumed
by underage persons. Such calls for service can result in a disproportionate expenditure of
public safety resources and delay official responses to other calls.
8. The Town Council of the Town of Los Gatos, pursuant to the Town's police powers under
Article XI, sections 3 and 5 of the California Constitution, has the authority to enact and
enforce laws that promote the public health, safety and general welfare of its residents.
9. An ordinance that imposes liability with penalties on social hosts is necessary to deter and
prevent such gatherings. Social hosts or anyone who organizes, supervises, aids, conducts,
permits, or controls the underage social gathering need not be present at such gathering
to incur liability under this ordinance.
10. The purposes of this ordinance are to:
a) protect the public health, safety, and welfare by deterring the service to and
consumption of alcoholic beverages or cannabis products by underage persons; and
b) reduce the cost to the public of providing police response services. These purposes are
achieved by issuing a criminal citation which requires the social host to pay a fine and fees
for the actual costs incurred by the Town; and
The Town Council, therefore, finds that underage social gatherings held on private or public
property are a threat to the public peace, health, safety and general welfare, and a public nuisance
as they affect the entire Los Gatos community as well as the neighborhoods in which they occur.
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18.30.015 Definitions.
For the purposes of this chapter, the following definitions apply:
(a) "Alcohol." The definition of "alcohol" in Section 23003 of the California Business &
Professions Code, as amended from time to time, shall apply to this chapter. 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."
(b) "Alcoholic beverage." The definition of "alcoholic beverage" in Section 23004 of the
California Business & Professions Code, as amended from time to time, shall apply to this chapter.
As of the introduction of this chapter, section 23004 defines "alcoholic beverage" to mean
alcohol, spirits, liquor, wine, beer that contains one-half of one percent or more alcohol by
volume and that is fit for beverage purposes either alone or when diluted, mixed or combined
with other substances."
(c) "Cannabis" means all parts of the plant Cannabis Sativa Linnaeus, Cannabis lndica,
or Cannabis Ruderalis, or any other strain or varietal of the genus Cannabis that may exist or
hereafter be discovered or developed that has psychoactive or medicinal purposes. "Cannabis"
also means marijuana as defined by section 11018 of the Health and Safety Code, and amended
by the California Control, Regulate, and Tax Adult use of Marijuana Initiative, and as defined by
other applicable state laws. "Cannabis" does not mean "industrial hemp" as defined by section
11018.S of the Health and Safety Code. Cannabis is classified as an agricultural product separately
from other agricultural crops.
(d) "Cannabis Product" means cannabis or a cannabis product, respectfully, intended
to be sold for either medical or adult use.
(e) "Controlled Substance" means a drug or substance whose possession and use are
regulated under the California Controlled Substances Act (Health & Safety Code Section 11000 et
seq.). Such term does not include any drug or substance for which the individual found to have
consumed or possessed such substance has a valid prescription issued by a licensed medical
practitioner authorized to issue such a prescription, or in the case of medical cannabis, a
recommendation for medical marijuana from an approved provider, or a State of California
medical identification card.
(f) "Intoxicants" means alcohol, controlled substances and/or cannabis as defined
herein.
(g) "Juvenile" means any person under eighteen years of age.
(h) "Private or public property" means any location such as a residence and adjoining
property, an apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or
meeting room, park, or any other place of assembly, public or private, whether occupied on a
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temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other
social function or used with or without permission or compensation.
(i) "Response costs" means the costs associated with responses by law enforcement
to underage social gatherings including but not limited to:
(1) salaries and benefits of law enforcement personnel for the amount of time
spent responding to, remaining at, or otherwise dealing with unruly or underage gatherings
(2) the cost of any medical treatment to or for any law enforcement personnel
injured responding to, remaining at or leaving the scene of an underage social gathering;
(3) the cost of repairing any Town equipment or property damage, and the cost
of the use of any such equipment, in responding to, remaining at or leaving the scene of an
underage social gathering; and
(4) any costs recoverable in accordance with California Civil Code section
1714.9.
(j) "Social Host" means any person or persons with a right of possession of private or
public property at which an underage social gathering occurs, including, but not limited to the
following:
(1) the owner of record as of the time of the underage social gathering or
tenant or lessee of the property;
(2) any person who exercises control over the private or public property at the
time of the underage social gathering;
(3) anyone who organizes, supervises, officiates, aids, conducts, allows,
permits or controls the underage social gathering.
(4) A social host need not be present at such gathering to incur liability under
this ordinance.
(k) "Town" means the Town of Los Gatos.
(l) "Underage social gathering" means a party or gathering of two or more persons
held on private or public property in the Town where intoxicants are consumed by any underage
person.
(m) "Underage person" means any person under twenty-one years of age.
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18.30.020 Duty of Social Host.
It is the duty of the Social Host to take reasonable steps to prevent underage access to
intoxicants on private and public property. Such steps include but are not limited to controlling
the quantity of intoxicants; verifying the age of persons attending the gathering by inspecting
drivers' licenses or other government-issued identification cards to ensure that underage persons
do not consume intoxicants while at the gathering; and supervising the activities of underage
persons at the gathering.
18.30.025 Prohibition of Underage Social Gatherings on Private and Public Property.
It is unlawful and a public nuisance for any person to knowingly host an underage social
gathering on private or public property in the Town. For purposes of this chapter, a person
knowingly hosts an underage social gathering whenever the social host is aware that an underage
person has consumed intoxicants or reasonably should have been aware had the social host taken
reasonable steps to prevent consumption of intoxicants by underage persons in accordance with
Chapter
18.30.030. Hosting by Juvenile.
In the event that a juvenile hosts an underage social gathering at a residence or on other
private or public property in the Town in violation of this chapter, the parents or guardians of
that juvenile may be jointly and severally liable for any penalties and response costs imposed
pursuant to this chapter.
18.30.035 Penalties for Violations.
(a) The enforcement officer, at his or her discretion, may immediately issue a citation for
violation of this Chapter upon evidence of the violation. There is no requirement of a first warning
in order for the enforcement officer to issue this citation.
(b) Administrative Fine: A first violation of this chapter shall result in a citation with a $1,500
fine. A second violation and subsequent violations shall result in a citation with a $3,000 fine.
(c) The enforcement officer shall give notice of a violation of this chapter by issuing a
citation to any and all responsible persons identified by the chapter within 10 days of the
violation. The citation shall also give notice of the right to request an administrative hearing to
challenge the validity of the citation and the time for requesting that hearing.
(d) The administrative fine prescribed in this section is in addition to any cost recovery fee
for public safety responses that may be assessed pursuant to section 18.30.040.
18.30.040 Recovery of Response Costs.
When the Police make an initial response to an underage social gathering on private or
public property and a police officer issues a citation for violation of this chapter, the officer shall,
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in writing, inform any responsible person(s) at the property or location that:
(a) An underage social gathering exists; and
(b) The social host(s) will be charged for any response costs incurred for subsequent responses
to the property for hosting an underage social gathering within a 12-month period.
(c) This warning will be given to all social hosts at the time of the first response to an underage
social gathering where a citation is issued for violation of this chapter.
(d) Within 30 calendar days of the initial citation, a written warning will be delivered via
certified mail to the owner of record of the involved property.
(e) When a police officer responds to an underage social gathering at a residence or other
private property within the Town within 12 months of a citation and warning given to social
hosts at the same property, and such officer issues a second or subsequent citation
pursuant to this chapter, all responsible persons shall be jointly and severally liable for the
Town's response costs concerning such second or subsequent underage social gathering,
but only to the extent that the identified social host(s) concerning the first citation at such
property remain the social host(s) for the second or subsequent citation at such property.
(f) The requirement of a first warning does not limit the ability of public safety personnel to
issue a civil citation for the imposition of civil penalties for cost recovery on the same day
that the warning is given if the warning does not end the serving, consumption of or
possession of intoxicants by underage person(s) at any gathering. The cost recovery for
public safety responses shall be separate and distinct from a citation and administrative
fine for a violation described in section 18.30.035
18.30.045 No Mandatory Duty of Care.
This chapter is not intended to impose and shall not be construed or given effect in a
manner that imposes upon the Town, or any officer, employee, agent, or representative of the
Town, a mandatory duty of care toward persons or property within or without the Town limits,
so as to provide a basis of civil liability for damages, except as may otherwise be imposed by law.
SECTION II. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section 15378
of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result
in physical change in the environment, directly or indirectly. This Ordinance is also exempt under
CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that
the Ordinance may have a significant effect on the environment.
SECTION III. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not affect the validity of
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the remaining portions of this Ordinance or its application to other persons and circumstances.
The Town Council of the Town of Los Gatos declares that it would have adopted this Ordinance
and each section, subsection, sentence, clause, phrase, or portion thereof despite the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be
severable.
SECTION IV. EFFECTIVE DATE AND PUBLICATION. This Ordinance was introduced at a regular
meeting of the Town Council of the Town of Los Gatos on the 5th day of April 2022 and adopted
by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town
Council of the Town of Los Gatos on the 19th day of April 2022. This ordinance takes effect 30
days after it is adopted. In lieu of publication of the full text of the ordinance within fifteen (15)
days after its passage a summary of the ordinance may be published at least five (5) days prior to
and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in
the office of the Town Clerk, pursuant to GC 36933(c)(1).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the ______ day of ________ 2022, by the following vote:
COUNCIL MEMBERS:
AYES
NAYS:
ABSENT:
ABSTAINING:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATED:__________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________