A. Except as permitted by state law, it is unlawful for any person to permit, allow, or host a gathering at his or her place of residence or other private property, public place, or any other premises under his or her control where alcoholic beverages or other intoxicating substances, including marijuana, have been consumed by a minor, if such person either knows or reasonably should know that a minor has consumed an alcoholic beverage or other intoxicating substance.
B. A person who permits, allows or hosts a gathering shall be deemed to have actual or constructive knowledge that a minor has consumed alcoholic beverages or other intoxicating substances, including marijuana, if the person has not taken all reasonable steps necessary to prevent the consumption of alcoholic beverages or other intoxicating substances, including marijuana, by minors, as set forth in subdivision Section 9.20.020(F) below.
C. Any person who permits, allows or hosts a gathering shall be rebuttably presumed to have actual or constructive knowledge that minors have consumed alcoholic beverages or other intoxicating substances, including marijuana, if such person is present at the premises of the gathering at the time any minor consumes an alcoholic beverage or other intoxicating substance.
D. This section shall not apply if all minors who are consuming an alcoholic beverage are being supervised by their parents or guardians.
E. This section, as it applies to the consumption of alcohol, shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control.
F. It is the duty of any person who permits, allows or hosts a gathering at his or her place of residence other private property, public place, or any other premises under his or her control, where minors will be present, to take all reasonable steps to prevent the consumption of alcoholic beverages and other intoxicating substances, including marijuana, by any minor at the gathering. Reasonable steps shall include, at a minimum, the following: (1) controlling access to alcoholic beverages and other intoxicating substances, including marijuana, at the gathering; (2) controlling the quantity of alcoholic beverages and other intoxicating substances, including marijuana, at the gathering to an amount which can be monitored and its access controlled effectively; (3) verifying the age of persons who consume alcoholic beverages or other intoxicating substances, including marijuana, at the gathering by inspecting drivers licenses or other government-issued identification cards; and (4) monitoring the activities of persons at the gathering, including minors.
G. A person who hosts a gathering shall not be in violation of this chapter if he or she, before any other person makes a complaint to the Murrieta Police Department or other law enforcement agency, seeks assistance from the Murrieta Police Department or other law enforcement agency to either: (i) remove any person who refuses to abide by the host’s rules or requirements with respect to his or her performance of the duties imposed by this chapter; or (2) terminate the gathering because the host has been unable to prevent minors from consuming alcoholic beverages or other intoxicating substances, including marijuana, despite having taken all reasonable steps to do so.
(Ord. 514 § 1 (part), 2016)