The words and phrases used in this Chapter have the meanings set forth in this section.
(A) "Alcohol" means any ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
(B) "Alcoholic beverage" includes alcohols, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes wither alone or when diluted, mixed, or combined with other substances.
(C) "Controlled substances" means a drug or substance whose possession and use are regulated under the Controlled Substance Abuse Act. Such term does not include any drug or substance for which the individual found to have consumed such a substance has a valid prescription by a licensed medical practitioner authorized to issue such a prescription.
(D) "Gathering" is a party, gathering or event where a group of three or more persons have assembled or are assembling for a social occasion or social activity.
(E) "Guardian" means (1) a person who, under court order, is the guardian of a minor; or (2) a public or private agency with whom a minor has been placed by the court.
(F) "Minor" means any person under the age of 21 years of age.
(G) "Parent" means a person who is the natural parent, adopted parent or step-parent of a minor.
(H) "Person Responsible" means the person that knows or should reasonably know that the subject premises are being used to host, allow, or permit a gathering. Such person(s) shall rebuttably be presumed to be, in order of priority:
1) The owner(s) of the premises where the gathering takes place;
2) The tenant(s) of the premises where the gathering takes place;
3) The person(s) who hosted, permitted, or allowed the gathering; and/or
4) In the event that the person responsible is a minor, then the parent(s) or guardian(s) of that minor.
(I) "Extraordinary Law Enforcement Fee" is the actual cost associated with response by law enforcement, fire and other emergency response provider to a gathering, including, but not limited to: (1) actual salaries and benefits of law 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 costs attributable to such response; (2) the actual cost of any medical treatment for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of the gathering; (3) the actual cost of repairing any City equipment or property damaged, and the actual costs of the use of any such equipment, in responding to, remaining at or leaving the scene of a gathering; and (4) any other allowable and reasonable costs related to the enforcement of this Chapter 8.83.
(J) "Extraordinary Law Enforcement Services" means the assignment of police officers and services during a second or subsequent call to a gathering after the distribution of a written notice that the gathering violates the law, or a first response if it is determined pursuant to Chapter 8.82 that notice is infeasible.
(K) "Public Place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
(Ord. MC-1361, 8-02-11)