(A) Except as permitted by Article 1, Section 4, of the California Constitution, it is unlawful for any person(s) to conduct, permit, allow, or host an event at his or her place of residence or other private property or host an event at a public place under his or her control where alcoholic beverages or controlled substances are being consumed or have been consumed by a minor, when said person either knows or reasonably should know that a minor has consumed an alcoholic beverage, or controlled substance. Whenever such person is present during such an event where alcoholic beverages or controlled substances are being served to, possessed by or consumed by a minor, it shall be a rebuttable presumption that the person has actual or constructive knowledge that a minor has consumed an alcoholic beverage or controlled substance if the person has not taken all reasonable steps necessary to prevent such consumption, as set forth in division (B) below.
(B) It is the duty of any person who permits, allows or hosts an event at his or her place of residence or other private property or hosts an event at a public place under his or her control, where minors will be present, to take all reasonable steps to prevent the illegal consumption by minors of alcoholic beverages and controlled substances. Reasonable steps shall, at a minimum, include all of the following:
(1) Verifying the age of persons attending the event by inspecting driver licenses or other government-issued identification cards;
(2) Controlling access to alcoholic beverages or controlled substances present at the event;
(3) Controlling the quantity of alcoholic beverages present at the event;
(4) Prohibiting the possession and/or use of marijuana or other controlled substances at the event; and
(5) Supervising the activities of minors at the event.
(C) A person who permits, allows or hosts an event shall not be in violation of this Section if he or she seeks immediate assistance from the Indio Police Department to remove any person(s) who refuses to abide by the hosts duty to abide by this chapter from the event provided that the person has taken all reasonable steps to necessary to prevent the illegal consumption of alcohol or controlled substances.
(D) This section shall not apply to conduct involving the use of alcoholic beverages, which occurs exclusively between a minor and his or her parent or legal guardian.
(E) This section shall not apply to any premises regulated by the California Department of Alcoholic Beverage Control.
(Ord. 1654, passed 5-15-14)