whatever source or by whatever process produced. B. âAlcoholic beverageâ includes alcohol, spirits, liquor, wine, be
City of Coronado Responsible Host Ordinance It is a fact that the majority of underage youth get their alcohol from adult sources. Underage drinkers are at a higher risk for treacherous scenarios including violence, drinking and driving, unwanted sexual activity, assaults and vandalism. To combat this problem, the City of Coronado has joined with other communities in the region and passed a Responsible Host Ordinance. A complete copy of the new law is available on the City website at www.coronado.ca.us under municipal codes.
The Facts for Adults Under the new law, any person having immediate control of any residence or premise shall not allow a party, gathering, or event to take place where the adult knows, or reasonably should know, that three or more minors are present and alcoholic beverages are being consumed or used by any minor. Anyone who sells, gives, or furnishes an alcoholic beverage to a minor can receive a fine up to $1000 and/or by imprisonment for a period not to exceed six (6) months.
How you can help protect yourself, your children, and your community: Don’t compromise with youth and allow them to drink if they promise not to drive. Make it clear to your children that alcohol is not an option for them until they are 21. Begin talking with your child at an early age about alcohol and its consequences. Set an example -0ffer a variety of non-alcoholic beverages at parties. Teach your child about true friendships, so when peer pressure begins they will have the confidence to stand up for themselves and their friends.
The Facts for Youth ZERO TOLERANCE! According to state law, any youth under the age of 21 who possesses an alcoholic beverage in a public or in a place that is not public (unless being supervised by his/her parent or guardian) can receive a fine and may have his/her driving privilege suspended.
Chapter 40.30 RESPONSIBLE HOST The purpose of this chapter is: A. To protect public health, safety and general welfare; B. To enforce laws prohibiting the consumption of alcohol by minors; and C. To reduce the costs of providing law enforcement services to parties, gatherings, or events requiring a response by requiring party hosts to ensure minors are not consuming alcoholic beverages. (Ord. 1949 § 2, 2003)
40.30.020 Definitions. A. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. B. “Alcoholic beverage” includes alcohol, 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 either alone or when diluted, mixed, or combined with other substances. C. “Enforcement services” includes the salaries and benefits of police officers or other code enforcement personnel for the amount of time actually spent in responding to, or in remaining at, the party, gathering, or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured police officers or other code enforcement personnel; and the cost of repairing any damaged City equipment or property; and the cost arising from the use of any damaged City equipment in responding to or remaining at the party, gathering, or event. D. “Guardian” means (1) a person who, under 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. E. “Host” means someone who receives and entertains guests. F. “Minor” means any person under 21 years of age. G. “Parent” means a person who is a natural parent, adoptive parent, or stepparent of another person.
H. “Party, gathering, or event” means a group of persons who have assembled or are assembling for a social occasion or social activity. (Ord. 1949 § 3, 2003)
40.30.030 Consumption of alcoholic beverages by minors prohibited in public place, place open to the public, or place not open to the public. Except as permitted by State law, it is unlawful for any minor to: A. Consume at any public place or any place open to the public any alcoholic beverage; or B. Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that the minor is being supervised by his or her own parent or legal guardian. (Ord. 1949 § 4, 2003)
40.30.040 Hosting, allowing a party, gathering, or event – Prohibitions. No person having immediate control of any residence or premises shall allow a party, gathering, or event to take place or continue at the residence or premises if: A. The person knows, or reasonably should know, that three or more minors are present at the party, gathering, or event and alcoholic beverages are being consumed or used by any minor; and B. The person knows, or reasonably should know, that a minor is consuming any alcoholic beverage at the party, gathering, or event. C. This section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control. (Ord. 1969 § 2, 2005)
40.30.045 Duty to act. A. Any adult having immediate control of a residence or premises, who is present at the residence or premises at the time alcohol is being consumed by minors, shall be held to have taken charge of said minors on the basis that said adult knows, or reasonably should know, a duty to terminate the illegal conduct once it is, or should have been, discovered. B. When a residence or premises are under the immediate control of an adult who is present at the residence or premises at the time alcohol is being consumed by minors,
said control shall be presumed to confer on the adult the ability to terminate the illegal conduct once it is, or should have been, discovered. (Ord. 1969 § 3, 2005)
40.30.050 Penalty. A violation of this chapter shall constitute a misdemeanor punishable by a fine of up to $1,000 and/or by imprisonment for a period not to exceed six months except that notwithstanding any other provision of this chapter, any such violation constituting a misdemeanor under this section may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction in accordance with CMC 1.08.050. (Ord. 1949 § 6, 2003)
40.30.060 Reservation of legal options. The City of Coronado does not waive its right to seek reimbursement for actual costs of enforcement services associated with the enforcement of this chapter through other legal remedies or procedures. The procedures provided for in this chapter are in addition to any other statute, ordinance, or law. CMC 40.30.030 and 40.30.040 in no way limit the authority of Peace Officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by those same sections, nor do they limit in any way the prosecution’s ability to initiate and prosecute a criminal prosecution for any violation of a criminal offense arising out of the same circumstances necessitating the application of those same sections. (Ord. 1949 § 7, 2003)
