Staff Report.social host ordinance
Reviewed by: Town Manager, Assistant Town Manager, and Police Chief
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/19/2022 ITEM NO: 12
DATE: April 12, 2022
TO: Mayor and Town Council
FROM: Robert Schultz, Town Attorney
SUBJECT: Introduction and First Reading of an Ordinance Amending Chapter 18, Article
III, Entitled Minors and Related to Social Host Liability for Parties at Which
Underage Drinking and Drug Use Occurs
RECOMMENDATION:
Accept public comment then move for the introduction and first reading of an Ordinance
(Attachment 1), by title only, amending Chapter 18, Article III, entitled Minors and Related to
Social Host Liability for Parties at Which Underage Drinking and Drug Use Occurs.
BACKGROUND:
The Town Council adopted modifications to its Municipal Code provisions regarding alcohol use
by minors (“social host”) in 1989. Unfortunately, due to increases in the use of alcohol and
drugs by Los Gatos youth, the Mayor placed this topic on the November 2, 2021 agenda to
obtain direction from the Town Council. The Town Council directed the Town Attorney to work
with the Youth Commission to update the Social Host Ordinance and to add this item to the
Town Council Strategic Priorities and Ordinances.
DISCUSSION:
The Town Attorney ’s Office has worked with the Youth Commission to revise language in the
Social Host Ordinance. The amendments to the Social Host Ordinance expands and holds adults
responsible for underage use of intoxicants (alcohol, controlled substances and/or cannabis) in
their households whether or not the adults are present. The Ordinance is designed to confront
and mitigate the prevalent problem of underage use of intoxicants at private and public venues.
It allows law enforcement officials to issue citations for civil fines and fees against people
responsible for gatherings at which intoxicants are served to, consumed by, or in the possession
of minors. Adults face a civil fine of $1,500 for the first violation and $3,000 for subsequent
violations and imposition of all of the costs of law enforcement’s response to the incident.
PAGE 2 OF 2 SUBJECT: Introduction and First Reading of an Ordinance Amending Chapter 18, Article III, Entitled Minors and Related to Social Host Liability for Parties at Which Underage Drinking and Drug Use occurs DATE: April 12, 2022
CONCLUSION:
It is recommended that the Town Council move for the introduction and first reading of an
Ordinance (Attachment 1), by title only, amending Chapter amending Chapter 18, Article III,
entitled Minors and Related to Social Host Liability for Parties at Which Underage Drinking and
Drug Use Occurs.
COORDINATION:
The preparation of the Ordinance was coordinated with the Los Gatos-Saratoga Union High
School District, Youth Commission, Police Department and Town Manager’s Office.
FISCAL IMPACT:
There will be no fiscal impact to the Town at this time.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Ordinance