For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT. Any person over the age of 18 years.
ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl or spirits of wine, from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE. Means and includes any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol or alcohol, including, but not limited to, alcoholic beverages as defined in the Cal. Business and Professions Code § 23004, intoxicating liquor, malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin and brandy, and any mixture containing one or more alcoholic beverages. ALCOHOLIC BEVERAGE includes a mixture of one or more alcoholic beverages whether found or ingested separately or as a mixture.
FAMILY GATHERING. A gathering where each minor present is supervised by his or her parent or legal guardian.
GATHERING. A party, gathering or event where a group of two or more persons have assembled or are assembling for a social occasion or social activity.
JUVENILE. Any person under the age of 18 years.
LEGAL GUARDIAN.
1. A person who, by court order, is the guardian of the person of a minor; or
2. A public or private agency with whom a minor has been placed by the court.
MINOR. Any person under the age of 21 years.
PARENT. A person who is a natural parent, adoptive parent, foster parent or stepparent of another person.
PREMISES. Any residence or other private property, place or premises, including any commercial or business premises.
RESPONSE COSTS. The costs associated with response by law enforcement, fire or other emergency response providers to a gathering, including, but not limited to:
1. Salaries and benefits of law enforcement, code enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at or otherwise dealing with a gathering, and the administrative cost associated with or attributed to such response(s);
2. The cost of any medical treatment for any law enforcement, code enforcement, fire or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering;
3. The cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment in, responding to, remaining at, or leaving the scene of a gathering; and
RESPONSIBLE PERSON. A person or persons with a right of possession in the premises including, but not limited to:
1. An owner of the residence or other private property, place or premises, including any commercial or business premises;
2. A tenant or lessee of the residence or other private property, place or premises, including any commercial or business premises;
3. The landlord of another person responsible for the gathering;
4. The person(s) in charge of the residence or other private property, place or premises, including commercial or business premises;
5. The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering; and
6. If a
RESPONSIBLE PERSON or social host for the party or gathering is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to this chapter. To incur liability for response costs imposed by this chapter, the RESPONSIBLE PERSON or social host for the gathering must be aware of the gathering, but need not be present at such gathering which results in the imposition of response costs pursuant to this chapter.
SOCIAL HOST. A person who knowingly hosts, permits or allows a gathering to take place where one or more minors consume one or more alcoholic beverages on property owned or controlled by the person and the person knows or reasonably should have known that the minor is consuming or has consumed an alcoholic beverage.
(Ord. 560, passed 7-3-2007)