Chapter 9.34 SOCIAL HOST LIABILITY

The board of supervisors, 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. The occurrence of loud and unruly gatherings on private property where alcoholic beverages are served to, or consumed by, underage persons is harmful to the underage persons involved and a threat to public health, safety, quiet enjoyment of residential property and the general welfare. Underage persons often obtain alcoholic beverages at gatherings held at private residences or at rented residential and commercial premises that are under the control of a person who knows, or should know, of the underage consumption of alcohol
The board of supervisors finds that in too many cases, persons having possession or control of private property who are responsible for the occurrence of loud or unruly gatherings on that property have failed to ensure that alcoholic beverages are neither served to, nor consumed by, underage persons at these gatherings. Furthermore, problems associated with loud or unruly gatherings where alcoholic beverages are served to, or consumed by, underage persons are difficult to prevent and deter unless the sheriff of the county of Kern has the legal authority to direct the host to disperse the gathering.
In the past and present, law enforcement, fire and other emergency response services personnel have, and are required to, respond, sometimes on multiple occasions in the same calendar year, to loud and unruly gatherings on private property at which alcoholic beverages are served to, or consumed by, underage persons, resulting in a disproportionate expenditure of public safety resources and delaying official responses to regular and emergency calls in the rest of the county. Additionally, underage drinking at such gatherings has resulted in disproportionately higher numbers of underage persons driving while intoxicated, increased social violence, and incidents of sexual assault.
The intent of this chapter is to protect the public health, safety, and quiet enjoyment of residential property, and general welfare, rather than to punish. An ordinance that imposes strict liability on property owners and other responsible persons for loud and unruly gatherings that allow underage drinking is necessary to deter and prevent such gatherings and to deter persons who actively and passively aid, allow, or tolerate such loud gatherings.
The purposes of this chapter are to protect the public health, safety and general welfare, to deter the service to, and consumption of, alcoholic beverages by underage persons, and to reduce the costs of providing police, fire, and other emergency response services to loud or unruly gatherings. These purposes are implemented by the imposition of a civil money penalty against social hosts and landowners (including landlords) for loud and unruly gatherings where alcoholic beverages are served to, or consumed by, underage persons.
For these reasons, the board of supervisors declares that loud or unruly gatherings on private property where alcoholic beverages are served to, or consumed by, underage persons is a threat to the peace, health, safety and general welfare of the public. Such gatherings constitute a public nuisance as they affect at the same time the entire community of Kern County as well as the neighborhoods in which they occur. The nuisance created thereby presents an immediate threat to the public health and safety, warranting summary abatement by the sheriff under Government Code Section 25845, subdivision (a). (Ord. G-7408 § 2 (part), 2006)

For the purposes of this chapter, the following terms shall have the following meanings:
A. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
B. “Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and which contains one-half of one per-cent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
C. “Juvenile” means any person under eighteen years of age.
D. “Underage person” means any person under twenty-one years of age.
E. “Loud or unruly gathering” means a party or gathering of two or more persons at a residence or other private property conducted in such a manner as to constitute a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages, assaults, batteries, fights, domestic violence or other disturbances of peace, vandalism, litter, and any other conduct which constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare.
F. “Responsible person” means a person or persons with a right of possession of the residence or other private property at which a loud or unruly gathering is conducted, including, but not limited to:
1. Any owner of the residence or other private property, meaning the record owner of the title to property as of the time of the loud or unruly gathering, wheresoever that person or entity may currently reside;
2. A tenant or lessee of the residence or other private property;
3. The landlord of another person responsible for the gathering, provided that the landlord has received notice of a prior loud or unruly gathering at the same residence or other private property;
4. The person(s) in charge of the residence or other private property; and
5. The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering.
A responsible person for the loud or unruly gathering need not be present at such gathering resulting in the response giving rise to the imposition of civil money penalties or response costs. Prior knowledge of the loud or unruly gathering is not pre-requisite to a finding that any specific individual is a responsible person as defined by this section.
G. “Residence” or “other private property” means a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation. (Ord. G-7408 § 2 (part), 2006)

It is a civil violation of this chapter, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to conduct or allow a loud or unruly gathering at a residence or other private property at which service to, or consumption of, alcohol or alcoholic beverages by underage persons occurs. Such a violation subjects any and all responsible persons to a civil money penalty of one thousand dollars ($1,000).
Violations of this section shall be noticed by citation, issued by the sheriff, to any and all responsible persons identified by the sheriff within thirty (30) days of the loud or unruly gathering at a residence or other private property at which service to, or consumption of, alcohol or alcoholic beverages by underage persons occurs. 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.
In the event that a loud or unruly gathering at a residence or other private property at which service to, or consumption of, alcohol or alcoholic beverages by underage persons occurs is hosted by a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for any penalties incurred pursuant to this chapter.
In the event that an underage person is found to be a responsible person as defined by this chapter, the underage person may elect to serve forty (40) hours in a community service program, as approved by the sheriff or probation officer as appropriate and pay any required program fees as an alternative to paying the civil money penalty of one thousand dollars ($1,000).
The parents or guardians of a juvenile found to have hosted a loud or unruly gathering may also elect to have that juvenile serve 40 hours in community service and pay the program fees as an alternative penalty to paying the civil money penalty of one thousand dollars ($1,000).
The community service program shall retain the discretion to admit, or deny admission to, the program as the standards and program policies applicable to that program allow. Failure to gain admission to a community service program, and failure to complete the program after admission, shall restore the original civil money penalty of one thousand dollars ($1,000) immediately and without further right to appeal.
Failure by either an underage person or a juvenile host to complete the alternative penalty within one calendar year of the issuance of the citation shall result in the penalty being converted to a civil money penalty of one thousand dollars ($1,000). No reduction in the penalty is authorized for completion of less than forty (40) hours of community service. (Ord. G-7408 § 2 (part), 2006)

A. A responsible party who is subject to an administrative penalty issued pursuant to Section 9.34.040 of this chapter may contest the administrative penalty by filing an appeal with the clerk of the board of supervisors within fifteen (15) days from service of the administrative penalty.
B. The board of supervisors may reverse, affirm wholly or partly, or modify the administrative penalty. The decision of the board of supervisors on any such appeal shall be final on adoption of an order containing its determination. Notice of the final decision shall be served by certified or registered mail on the affected persons.
C. Pursuant to Section 1085 of the Code of Civil Procedure, any person who has been named in an order issued pursuant to this chapter may, following exhaustion of administrative remedies, seek judicial review of the order by filing a petition for writ of mandate within ninety (90) days after the order becomes final and binding pursuant to this chapter. Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, any person who contests the final administrative order issued under this chapter regarding the imposition, enforcement or collection of the administrative penalties imposed, may seek judicial review of the order by filing an appeal with the Superior Court within twenty (20) days after service of the order in accordance with Section 53069.4 of the Government Code. Any other person who has the right to seek judicial review of the order by filing a petition for writ of mandate pursuant to Section 1085 of the Code of Civil Procedure shall do so within one hundred eighty (180) days after the order has become final and binding pursuant to this chapter. The filing of a petition for writ of mandate to review the order shall not stay any action specified in the order. (Ord. G-7408 § 2 (part), 2006)

A loud or unruly gathering at a residence or other private property at which service to or consumption of alcohol or alcoholic beverages by underage persons occurs constitutes a public nuisance and an immediate threat to public health and safety and shall be summarily abated by the sheriff by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation under this chapter as well as citation and/or arrest of any law violators under any other applicable ordinances and state statute.
The district attorney and the sheriff are authorized to administer and enforce the provisions of this chapter. The district attorney and the sheriff may exercise any enforcement powers provided by law in executing this chapter. (Ord. G-7408 § 2 (part), 2006)