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This chapter shall not apply to:
A. Any California Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control.
B. The possession or consumption of alcohol by a minor in conjunction with legally-protected religious practices or legally-protected family gatherings which occur exclusively between a minor and his or her parent or legal guardian pursuant to Article 1, Chapter 4 of the California Constitution.
C. Any person who calls 911 and reports that a minor is in need of medical attention due to alcohol consumption, is the first person to make the 911 call, and when reporting that a minor is in need of medical assistance, remains on the scene with the minor until medical assistance arrives and cooperates fully with both law enforcement and medical personnel.
D. Any person who conducts, aids, allows, permits, or hosts a party, gathering, or event who requests immediate assistance from law enforcement to remove any person who refuses to abide by the requirements of this chapter, or requests assistance to terminate a party, gathering, or event because of the requesting person’s inability to prevent minors from possessing or consuming alcoholic beverages despite having taken reasonable steps to do so, on the condition that such a request is made before any other person makes a complaint to law enforcement regarding the party, gathering, or event.
(Ord. 2447)
Any person convicted of a second or subsequent violation of this chapter within a 12-month period shall be civilly liable to the city for all emergency response costs incurred by the city arising out of the second or subsequent response to an unlawful gathering.
(Ord. 2447)
Where the chief of police determines that a second or subsequent response has been made to an unlawful gathering within the 12-month period following the initial response to an unlawful gathering at the same location, the chief of police shall assess an emergency response fee against any responsible person upon the person's second or subsequent violation of this chapter within a 12-month period.
Where two or more responsible persons are assessed an emergency response fee for the same unlawful gathering, all such persons shall be jointly and severally liable to the city for the full amount of such fee. In the event that the responsible person is a juvenile, then the parent(s) or legal guardian(s) of the juvenile shall be jointly and severally liable for the full amount of such fee.
(Ord. 2447)
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