Ordinance 12-030
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ORDINANCE NO. 2012-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, ADDING CHAPTER 11.06 ENTITLED "SOCIAL HOST
UNDERAGE DRINKING AND CONSUMPTION ACCOUNTABILITY" TO
EASTVALE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds as follows:
1. The City of Eastvale is authorized by California Constitution Article XI Section VII
to make and enforce within its limits all local, police, sanitary, and other ordinances and
regulations and as a policy, the City Council always seeks to ensure public safety is given the
highest priority; and
2. According to local, state and federal surveys, alcohol is overwhelmingly and
consistently the most widely used drug at all adolescent age levels, and a child who begins
alcohol use prior to age fifteen (15) is four times as likely to experience alcohol dependence
than one who refrains from alcohol use until age twenty (20) or older; and
3. The occurrence of parties, gatherings, or events on private property where
alcoholic beverages are served to, consumed by or in the possession of underage persons is
harmful to the underage persons themselves and is a public nuisance; and
4. The Council of Eastvale has been informed and believes that the use of alcohol
by youth is a problem in the City, contributing significantly to the possibility of adolescent crime,
addiction, sexual assault. truancy, driving under the influence of alcohol, and motor vehicle
crashes involving alcohol and causing injury and/or death; and
5. Underage persons may obtain alcoholic beverages at gatherings held at private
residences or at rented residential or commercial premises that are under the control of a
person who knows or should know of the service to, possession by, and/or consumption of
alcoholic beverages by underage persons; and
6. Law enforcement, fire and other emergency response services personnel are
required to respond, sometimes on multiple occasions, to parties, gatherings, or events on
private property at which alcoholic beverages are served to, consumed by or possessed by
underage persons, and responses to such gatherings result in the expenditure of public safety
resources of the City; and
7. Persons held responsible for allowing parties, gatherings, or events where
alcoholic beverages are served to, consumed by or possessed by underage persons will be
more likely to properly supervise or to stop such conduct at parties, gatherings or events held on
property in their possession or under their control if they are held responsible for such conduct;
and
8. Section 25658 of the State of California Business and Professions Code makes it
unlawful for a person under the age of twenty-one (21) years to purchase or attempt to
purchase, or consume alcoholic beverages and makes it unlawful for any person to sell any
alcoholic beverage to any person under the age of twenty-one (21) years.
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SECTION 2. CHAPTER 11.06 IS ADDED TO THE EASTVALE MUNICIPAL CODE
TO READ AS FOLLOWS :
"SOCIAL HOSTING-UNDERAGE DRINKING AND CONSUMPTION ACCOUNTABILITY
Sections:
11.06.010
11.06.020
Definitions
Prohibition of Parties, Gatherings, or Events Where Alcohol is
Served to, Consumed by or in the Possession of Underage Persons
Enforcement 11 .06.030
For the purpose of this Chapter, the following definitions shall apply:
(a) "Alcoholic beverage " includes alcohol, spirits, liquor, wine, beer, and every liquid
or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one
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 .
(b)
of age.
"Minor" or "underage person" means any person less than twenty-one (21) years
(c) "Parties, gatherings or event" means and includes a group of two (2) or more
persons who have assembled or are assembling for a social occasion or social activity at a
residence or on other private property or public property rented for a private purposes, but does
not include parties, gatherings or events to parties, gatherings or events where religious
services and/or activities protected by Article 1, Section 45, of the California Constitution, are
exercised nor shall the prohibition apply to the consumption of an alcoholic beverage by a minor
at any place not open to the public when the minor is being supervised by his or her own parent
or legal guardian
(d) Person responsible for an event means and includes but is not limited to:
1. The person who owns, rents, leases or otherwise has control of the
private premises where the party, gathering , or event occurs; or who has leased or rented public
premises for private purposes; and/or
11.06.020
2. The person in charge of the private premises , during the event; and/or
3. The person who organized the event; and/or
4 . The person who supervised the event.
Prohibition of Parties, Gatherings, or Events Where Alcohol Is Served to,
Consumed by or in the Possession or Underage Persons.
No person responsible for an event shall allow, arrange, assist, permit , or host a party,
gathering or event where alcoholic beverages are in the possession of/or being consumed by,
or served to any underage person.
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11.06.030 Enforcement.
(a) Any person violating Section 11.06.020 of this Chapter is guilty of a
misdemeanor, and upon conviction shall be punished by a fine of not more than one thousand
dollars ($1 ,000) and/or imprisonment of not more than six (6) months, except as noted in
subsection (2).
(b) The procedures provided for in this Section are in addition to any other statute,
ordinance or laws, civil criminal. This Section in no way limits the authority of law enforcement
officers to make arrests for any criminal offense arising out of conduct regulated by this
Chapter."
SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days from
the date of its adoption ..
PASSED, APPROVED AND ADOPTED this 8th day of February 2012.
Attest:
Approved as to form:
E.Cavanaug
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Judy L. Haughney, CITY CLERK OF THE CITY OF EASTVALE, DO HEREBY CERTIFY that
the foregoing Ordinance Number 2012-03 was duly and regularly adopted by the City Council of
the City of Eastvale at a regular meeting held the 81h day of February, 2012 , by the following
vote:
AYES: Council Members Rush, Welch, Bootsma, Mayor Pro Tern Howell and Mayor
DeGrand pre.
NOES: None
ABSENT: None
ABSTAIN: None
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