A. Except as permitted by state law, it is unlawful for any person having control of any premises who knows or should reasonably know that he or she has hosted, permitted, or allowed a gathering to take place at said premises, where at least one minor consumes an alcoholic beverage, marijuana or other controlled substance whenever the person having control of the premises wither knows or reasonably should have known when a minor has consumed an alcoholic beverage, marijuana or other controlled substance to allow said consumption to occur.
B. It is the duty of any person having control of any premises, who knows or should know that he or she has hosted, permitted or allowed a gathering at said premises, to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana or other controlled substance by any minor at the gathering. Reasonable steps include, nut are not limited to the following:
1. Controlling access to alcoholic beverages, marijuana and other controlled substances at the gathering;
2. Controlling the quantity of alcoholic beverages, marijuana and other controlled substances at the gathering;
3. Verifying the age of persons attending the gathering by inspecting drivers licenses or other government issued identification cards to ensure minors do not consume alcoholic beverages, marijuana or other controlled substances while at the gathering; and
4. Supervising the activities of minors at the gathering.
C. Whenever a person having control of a premises is present at the premises at the time that a minor possesses or consumes any alcoholic beverages, marijuana or other controlled substance therein, it shall be prima facie evidence that such person had or should have had the knowledge specified in Subsection (A).
D. A person who hosts, permits or allows a gathering shall be deemed to have actual or constructive knowledge that minor has consumed or possessed alcoholic beverages, marijuana or other controlled substances if the person has not taken all reasonable steps to prevent the consumption or possession of alcoholic beverages, marijuana or other controlled substances by minors as set out in Subsection (B).
E. A person who hosts, permits or allows a gathering may be liable for Extraordinary Law Enforcement Fee if Extraordinary Law Enforcement Services are necessary to handle the gathering.
F. A person who hosts, permits or allows a gathering shall not be in violation of this Chapter if he or she seeks immediate assistance from the San Bernardino Police Department or other law enforcement agency to remove any person who refuses to abide by the hosts' performance of the duties imposed by this Chapter or terminate the gathering because the host has been unable to prevent minors from consuming or possession alcoholic beverages, marijuana or other controlled substance despite taking all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the gathering.
(Ord. MC-1361, 8-02-11)