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2000 Municipal Code Ordinance 352 - Social Host Ordinance
TO: FROM: SUBJECT: DATE: , aiRatieto cek INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 8-A Mtg. Date: 05/08/17 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL YOLANTA SCHWARTZ, PLANNING DIRECTOR RAYMOND R. CRUZ, CITY MANAGERUL/ CONSIDERATION OF ORDINANCE NO. 352 - AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 9.58 (SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING OCCURS) OF ARTICLE VII (OFFENSES BY OR AGAINST MINORS) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON PERSONS WHO FACILITATE OR ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY MINORS AT ANY PARTY, GATHERING OR EVENT AT A PRIVATE RESIDENCE; AND AMENDING SECTION 1.08.010 AND ADDING SECTIONS 1.08.030 THROUGH 1.08.090 TO CHAPTER 1.08 (GENERAL PENALTY) TO TITLE 1 (GENERAL PROVISIONS) OF THE ROLLING HILLS MUNICIPAL CODE TO CREATE AN ADMINISTRATIVE CITATION PROCESS FOR CODE VIOLATIONS May 8, 2017 ATTACHMENTS: Ordinance No. 352 Study on Social Host Laws in 50 Cities March 15, 2017 Correspondence from Rod Uyeda RECOMMENDATION It is recommended that the City Council introduce for first reading Ordinance No. 352, an ordinance creating a new Chapter 9.58 to regulate and impose liability on any person hosting a party at which underage drinking occurs and establishing an administrative citation process for violations of Chapter 9.58, and direct staff to schedule second reading and adoption of Ordinance No. 352 for the May 22, 2017 City Council meeting. U BACKGROUND During the public comment portion of the February 27th City Council meeting, PVPUSD School Board Member Linda Reid urged the City Council to adopt a Social Host Ordinance. Ms. Reid and the Palos Verdes Peninsula Council of PTAs have been encouraging all cities on the Peninsula to pass this type of ordinance in order to curb underage drinking at parties held at private homes. The City of Rancho Palos Verdes enacted and Rolling Hills Estates is in the midst of enacting Social Host Ordinances and join the South Bay cities of Hermosa Beach and Manhattan Beach who also in recent years passed similar ordinances. The City Council at that meeting asked staff to put the item on a future agenda to discuss if it wants to consider a similar ordinance in Rolling Hills and provided the City Council a copy of the Rancho Palos Verdes ordinance to assist with the discussion. The issue was again discussed at the March 13th City Council meeting and presented by the City Attorney. There were a number of Palos Verdes Peninsula Unified School District officials present and they all supported that the City of Rolling Hills enact a Social Host Ordinance. The City Council had a number of questions that included the enforcement process and the effectiveness of such laws. After significant deliberation, the City Council on a 4-1 vote directed staff to prepare a Social Host Ordinance for consideration at a future City Council meeting. DISCUSSION Social Host Ordinances impose liability on adults in private settings that they own, lease or control for providing alcohol and/or allowing underage drinking among children who are not their own. The California State Parent Teacher Association (PTA) had adopted a Social Host resolution in support of enacting civil laws against property owners on whose premises underage drinking occurs in 2009. The Palos Verdes Peninsula Council of PTAs stated at their Special Meeting on January 31, 2017 that it encourages and supports the creation of Social Host Liability legislation by its local governing cities and has gained the support of the Palos Verdes Peninsula Unified School District (PVPUSD). The PTA believes that social host laws, public awareness and enforcement are essential in addressing the problem of underage drinking. A comprehensive 2009 study in Ventura County found that after implementation of social host ordinances, the size of underage drinking parties appear to have decreased and the ease of obtaining alcohol also decreased. Social host laws in this study are associated with declines in heavy episodic drinking (3%), driving after drinking (4%) and alcohol -related traffic deaths (5-9%). Another study published in • 2014 by the Journal of Studies on Alcohol and Drugs (enclosed) examined the relationships between Social Host laws and underage drinking for 50 California cities. The study concluded that local Social Host laws that included strict liability and civil penalties that are imposed administratively may be associated with less frequent underage drinking in private settings, particularly among adolescents who have already initiated alcohol use. imposed administratively may be associated with less frequent underage drinking in private settings, particularly among adolescents who have already initiated alcohol use. After the direction by the City Council at their March 13th meeting, staff developed a Social Host Ordinance. The proposed ordinance would do the following: A. Protect the safety and welfare of residents. B. Impose a civil fine on persons responsible for gatherings where alcohol is made accessible to underage persons, defined as any person under the age of 21. C. The responsible party would also be charged the actual cost of law enforcement beyond -the initial response by a Sheriff Deputy and for damage to public property and/or injuries to law enforcement personnel incurred during response. D. Prohibit a responsible person from serving alcoholic beverages to underage person, except under the supervision of a parent or a guardian in connection with cultural or religious activity. E. Define responsible person: Responsible person could be a parent, tenant or any person who organizes, supervises, conducts or controls the gathering whether or not the individual is present at the gathering. If an underage person is responsible for the gathering, then both the minor and the parent or legal guardian of the underage person would be the responsible persons. F. Provide for an administrative citation appeals process. As it pertains to the administrative citation fines for a violation for the proposed Social Host Ordinance, the following fee schedule would be imposed: 1. A fine not exceeding two thousand five hundred dollars ($2,500.00) for the first violation. 2. A fine not exceeding five thousand dollars ($5,000.00) for a second violation of the same provision within one year. 3. A fine not exceeding seven thousand five hundred dollars ($7,500.00) for each additional violation of the same provision within one year of the first violation. In addition to the administrative penalties, the responding law enforcement, fire or emergency response providers may issue an order requiring the gathering to be disbanded and may cite and/or arrest any law violators under any other applicable ordinances and state statutes. Lomita Sheriff Station Captain Dan Beringer has analyzed the ordinance and verified that Sheriff Deputies could enforce the ordinance as proposed. Since all three cities that utilize Sheriff law enforcement services on the Palos Verdes peninsula plan to pass a Social Host Ordinance, the Lomita Sheriff Station plan to develop a ticket book that will have all three of the cities on it with all pertinent information related to each city's Social Host Ordinance enforcement procedures. This will allow the violator know exactly what is needed and when to correct the violation. If the citation is not paid for or appealed within 30 days, the City will consider the violator non -compliant and could now transition the administrative citation to a misdemeanor offense. If that occurred, the case could then be enforced as a code enforcement case with the assistance of the City Attorney. FISCAL IMPACT The cost for a third party hearing officer for appeals to a violation of a Social Host Ordinance will typically costs around $150/hour with cost for an individual case being somewhere between $750-$1,500 unless it is appealed to the Superior Court. Therefore, in most cases, the administrative citation fine will cover the cost for these services. NOTIFICATION PVPUSD Board Members Malcom Sharp and Linda Reid, Rod Uyeda and Captain Dan Beringer. O ORDINANCE NO. 352 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 9.58 (SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING OCCURS) OF ARTICLE VII (OFFENSES BY OR AGAINST MINORS) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON PERSONS WHO FACILITATE OR ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY MINORS AT ANY PARTY, GATHERING OR EVENT AT A PRIVATE RESIDENCE; AND AMENDING SECTION 1.08.010 AND ADDING SECTIONS 1.08.030 THROUGH 1.08.090 TO CHAPTER 1.08 (GENERAL PENALTY) TO TITLE 1 (GENERAL PROVISIONS) OF THE ROLLING HILLS MUNICIPAL CODE TO CREATE AN ADMINISTRATIVE CITATION PROCESS FOR CODE VIOLATIONS The City Council of the City of Rolling Hills does hereby ordain as follows: Section 1. A new Chapter 9.58 (Social Host Liability for Parties at which Underage Drinking Occurs) of Article VII (Offenses By Or Against Minors) of Title 9 (Public Peace, Morals, and Welfare) is hereby added to the Rolling Hills Municipal Code to read as follows: Chapter 9.58 Social Host Liability for Parties at which Underage Drinking Occurs Sections 9.58.010 Purpose and Intent 9.58.020 Definitions 9.58.030 Social host liability for parties at which underage drinking occurs 9.58.040 Exceptions 9.58.050 Notice to responsible person 9.58.060 Cost reimbursement to the City 9.58.070. Penalties. 9.58.010. Purpose and intent. The City Council finds and determines that minors sometimes obtain alcoholic beverages at parties held at private premises. The purposes of this chapter are as follows: A. Protect the public health, safety and general welfare; B. Discourage and decrease underage drinking by imposing a civil fine on persons responsible for gatherings where alcohol is consumed by or served to underage persons; and C. Facilitate the enforcement of laws prohibiting the service to and consumption of alcoholic beverages by underage persons. Ordinance No. 352 9.58.020. Definitions. For the purposes of this chapter, the following definitions shall apply: A. "Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half ('/Z) of one percent (1 %) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. B. "Residence or other private property" shall mean a home, yard or other dwelling unit, or a guesthouse, pool house, barn or other similar accessory structure whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function venue, and whether owned, leased, rented or used with or without compensation. C. "Responsible person" includes the following persons, whether or not present at a gathering in violation of this chapter: 1. A person or persons with a right of possession of the residence or other private property at which a gathering is conducted; 2. Each person who has an ownership interest in the premises. In the event the property is rented, the landlord shall qualify as a Responsible Person where the landlord knew or reasonably should have known of a prior gathering at the same premises; 3. Each person who, although not an owner, nevertheless occupies or has a legal right or legal obligation to exercise possession or control over the premises 4. Any person who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering; or 5. The parent or legal guardian of an underage person, where the underage person is the host of a gathering in violation of this chapter. D. "Underage person" is any person under the age of twenty-one (21). 9.58.030. Social host liability for parties at which underage drinking occurs. It shall be a violation of this chapter, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to conduct or allow in a residence or other private property any party, gathering or event at which an underage person consumes alcoholic beverages, where the responsible party knows or reasonably should know that an, underage person has obtained or may consume an alcoholic beverage. Prior knowledge of the gathering is not pre -requisite to a finding that any specific individual is a responsible person as defined by this section. In the event the responsible person is an underage person, then the underage person, and their parents or legal guardian, shall be jointly and severally liable for any penalties incurred pursuant to this chapter. Ordinance No. 352 2 9.58.040. Exceptions This chapter shall not apply to possession or consumption of an alcoholic beverage under the supervision of a parent or guardian in connection with a cultural or religious activity. 9.58.050. Notice to responsible person. When a law enforcement officer makes an initial response to a party, gathering or event at which underage consumption of alcoholic beverages occurs, the officer shall provide a written notice to all identified responsible persons at the time of the initial response. This notice shall include the following information: A. The official has determined that a party, gathering or event at which underage consumption of alcoholic beverages exists; B. The responsible person(s) will be fined for a violation of this chapter, pursuant to Section 9.58.070; C. If the condition is not abated and an additional response is required of law enforcement or emergency service providers, such as emergency personnel or fire, to abate the nuisance, the responsible persons(s) will be billed for any response costs incurred, pursuant to Section 9.58.060; and D. The responsible person(s) are entitled to request a hearing to appeal the fine and response costs pursuant to the procedures set forth in Section 1.08.090(H) for appealing administrative citations. 9.58.060 Cost reimbursement to the City. A. The person or persons responsible for any party, gathering or event described in Section 9.58.030 or on whose property the gathering is held, or if such person is a minor then the parents or legal guardians of the minor, shall be jointly and severally liable for the following costs attributable to the event: 1. The actual cost to the City of law enforcement services beyond the initial response by a Sheriffs deputy necessary to abate the conditions described in Section 9.58.030; 2. Damage to public property resulting from such law enforcement response; and 3. Injuries to law enforcement personnel incurred in such law enforcement response. B. The Sheriffs Department shall accurately compute the cost of providing such services in accordance with the schedule of rates and charges for personnel and equipment contained in the law enforcement services agreement with the City and advise the City Manager of such costs, as well as any other costs of damage to public property or injuries to personnel resulting from the law enforcement response. The person responsible for the Ordinance No. 352 3 event as above described shall be billed for these costs by the City Manager upon notice of the charges from the Sheriff and payment shall be due and payable within fifteen days (15) of the billing date. Should the amount due not be paid, the City may collect the debt, as well as any costs incurred in collecting the debt due to nonpayment, pursuant to any available provision of law. 9.58.070. Penalties. A. The city council shall establish a schedule of administrative fines for any violation of this chapter. B. In addition to the administrative fines described in this chapter, the responding law enforcement officer, may issue an order requiring the gathering to be disbanded and may cite and/or arrest any law violators under any other applicable ordinances and state statutes. Section 2. The following Sections are hereby added to Chapter 1.08 (General Penalty) of Title 1 (General Provisions) of the Rolling Hills Municipal Code to read as follows: 1.08.030 Violation — Subject to administrative citation when. Any person violating any provision or failing to comply with any of the mandatory requirements of Chapter 9.58, shall be subject to the administrative penalty provisions of this Chapter. 1.08.040 Administrative Penalty. An administrative penalty shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable directly to the City. Penalties shall be set forth in a penalty schedule established by resolution of the City Council. A portion of each penalty shall constitute reimbursement for the City's administrative expenses in issuing and processing the citation. Penalties shall be collected in accordance with the procedures specified in this chapter. Payment of a penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement by the City. In the case of violations of the building, plumbing, mechanical or electrical codes, an administrative citation shall not be issued until after the responsible party has been provided a notice and a reasonable opportunity to correct the violation, and has failed to do so. 1.08.050 Service procedures for issuing administrative citations. An administrative citation may be issued to a responsible party by an enforcement officer for violation of those sections set forth in Section 1.08.030 as follows: A. By Personal Service. The person on whom the citation is served is required to confirm receipt by signing a copy of the citation, but his or her failure to do so shall have no effect on the citation's validity or enforceability; or B. By Regular First -Class Mail. Service shall be deemed effective when the citation is deposited in the United States mail; or 4 Ordinance No. 352 C. By Posting on Property. If the enforcement officer is unable to serve the citation under subsections (A) or (B) above, by posting a copy of the citation on any real property within the City in which the City has knowledge that the responsible party has a legal interest. Service under this subsection shall be deemed effective on the date when the notice is posted; or D. By Publication. If the enforcement officer cannot serve the citation by any of the above methods, the enforcement officer may publish the citation in a newspaper likely to give actual notice to the party subject to the citation. The publication shall be once a week for four successive weeks in a newspaper published at least once a week. 1.08.060 Contents of administrative citation. Administrative citations shall contain all of the following information: A. The date and the location of the violation and the approximate time the violation occurred; B. The code section violated and a description of how the section was violated; C. The action required to correct the violation; D. The consequences of failing to correct the violation; E. The amount of penalty imposed for the violation; F. The procedure to contest the citation; G. The signature of the enforcement officer and the signature of the responsible party, if that person can be located and will sign the citation, as set forth in Section 1.08.050. 1.08.070 Satisfaction of administrative citation. Upon receipt of a citation, the responsible party must do one of the following: A. Pay the Penalty. Pay the Penalty. Pay the fine to the City within thirty (30) days from the date of the citation. All fines assessed shall be payable to the City. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the City. Payment of the penalty waives the responsible party's right to the administrative hearing and appeal process pursuant to Section 1.08.090; or B. Remedy the Violation. If the violation is a first-time correctable offense, is deemed by the enforcement officer not to create an immediate threat to health and safety, and the responsible party remedies it within the time indicated on the citation; or C. Request an Administrative Hearing. If the responsible party chooses to contest the citation, the party shall do so no later than thirty (30) days after service of the citation. The request shall be submitted in writing as directed on the citation and shall include a statement of reasons why the citation is being contested. The request shall be accompanied by a deposit in thefull amount of the. penalty or written proof of Ordinance No. 352 5 financial hardship, which at a minimum must include tax returns, financial statements, bank account records, salary records, or similar documentation demonstrating that the responsible party is unable to deposit the penalty. A hearing will not be scheduled until a full amount of the penalty is deposited, or the City finds the responsible party financially unable to do so and waives the deposit requirement. In the event the responsible party fails or refuses to select and satisfy any of the alternatives set forth in subsection (A), (B) or (C) above, then the penalty shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent penalty shall not preclude issuance of additional citations to the responsible party should the violations persist. 1.08.080 Issuing permits or licenses. If an enforcement officer issues an Administrative Citation because the responsible person lacks a required permit or license required by this code and the fine is delinquent, the City shall not issue the permit or license until the delinquent fine, and any applicable penalties and interest, are paid. Similarly, no permit or license shall be renewed until any and all outstanding administrative citations have been paid in full, regardless of the violation that triggered the administrative citation. 1.08.090 Administrative hearings and appeal process. A. Prehearing Dismissal of Citation. The City Manager may dismiss an administrative citation at any time in the interest of justice or if the citation is determined to have been issued in error, in which event any deposit made shall be refunded. Alternatively, the City Manager and the individual may voluntarily enter into a compliance agreement whereby the individual agrees to adhere to the requirements for compliance specified in the agreement and the City agrees to dismiss the citation upon satisfactory correction. B. Time for Administrative Hearing. The administrative hearing shall be scheduled no later than ninety (90) days after receipt of the request for a hearing to contest the citation. The responsible party will be notified in writing at least ten (10) days prior to the date of the hearing by first class mail of the date and time of the hearing. C. Appointment of Administrative Hearing Officer. The hearing shall be conducted by an administrative hearing officer appointed by the City Manager to perform such hearings. D. Request for Continuance of Hearing. The responsible party may request one continuance of the hearing, but in no event may the hearing begin later than ninety (90) days after receipt of the request for hearing from the responsible party. E. Failure to Attend Administrative Hearing. The individual to whom an administrative citation is issued, or that person's representative, may attend the hearing in person, or in lieu of attending may submit an Appearance by Written Declaration on a form provided by the City for that purpose. 1. If the cited individual or his or her representative fails to attend the scheduled hearing, or fails to submit an Appearance by Written Declaration on the form provided by the City Ordinance No. 352 6 CO for that purpose, he or she shall be deemed to have waived his or her right to an administrative hearing. Under these circumstances, the administrative hearing officer shall dismiss the challenge to the administrative citation, and shall issue a written notice to that effect. An individual whose challenge to an administrative citation is dismissed under this section shall be deemed not to have availed himself or herself of the right to an administrative hearing as provided in this chapter. 2. An individual who has been issued an administrative citation and who has requested an administrative hearing to challenge the citation as provided in this chapter may request in writing that his or her challenge to the citation be dismissed and the hearing cancelled. Upon receipt of such request, the administrative hearing officer shall dismiss the challenge to the administrative citation, cancel the pending hearing, and issue a written notice to that effect. Any individual who requests the dismissal of a challenge to an administrative citation under this section shall be deemed never to have availed himself or herself of the right to an administrative hearing as provided in this chapter. F. Procedures at Administrative Hearing. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The City bears the burden of proof at an administrative hearing to establish a violation. The citation is prima facie evidence of the violation and the enforcement officer who issued the citation is not required to participate in the hearing. The administrative hearing officer shall use preponderance of the evidence as the standard of evidence in deciding the issues. Evidence shall be submitted under penalty of perjury. G. Decision of an Administrative Hearing Officer. At the conclusion of the hearing or within fifteen 15 days thereafter, the administrative hearing officer shall render a decision as follows: 1. Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the penalty schedule, and if the violation has not been corrected as of the date of the hearing, order correction of the violation; or 2. Determine that the violation for which the citation was issued occurred, but that the responsible party has introduced credible evidence of mitigating circumstances warranting imposition of a lesser penalty than that prescribed in the penalty schedule, or no penalty at all, and imposing such lesser fine, if any, and if the violation has not been corrected as of the date of the hearing, ordering that the violation be corrected; or 3. Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of the code. The administrative hearing officer shall issue a written decision entitled "Administrative Order" no later than fifteen (15) days after the date on which the administrative hearing concludes. The Administrative Order shall be served upon the responsible party by first class mail, or if that method fails, by any of the other methods set forth in Section 1.08.050. The Administrative Order shall become final on the date of mailing or other service, and shall notify the responsible party of his or her right to appeal as provided in subsection (H) of this section. The Administrative Order shall also: (i) either set a deadline for compliance Ordinance No. 352 7 with its terms, in the event that the responsible person fails to file an appeal, in no event less than twenty (20) days from the date of mailing or other service; or (ii) if the hearing officer determines as described in subsection (G)(2) or (G)(3) immediately above, and the responsible party has deposited the penalty with the City, order a partial or full refund of the deposit. If the violation is a continuing violation of the City's building, plumbing, mechanical, electrical or zoning code, the Administrative Order shall provide that the responsible person has not more than thirty (30) days from mailing or other service of the Administrative Order to correct the violation. H. Appeal the Administrative Order. If an administrative order is rendered in favor of the City, the responsible person may seek judicial review of the administrative order in the Los Angeles County Superior Court, by filing an appeal of the administrative order pursuant to, and paying the fee required by, Government Code § 53069.4 within twenty (20) days after service of the administrative order. Pursuant to Government Code § 53069.4, the appealing party must serve a copy of the notice of appeal in person or by first-class mail upon the City Clerk. If no notice of appeal is filed within the twenty (20) Day period, the administrative hearing officer's decision is final. I. Failure to Comply with Administrative Order. In the absence of a timely appeal to the Superior Court, failure to comply with a final administrative order directing the abatement of a continuing violation by the date specified in the order shall be a misdemeanor for each day thereafter, or any portion thereof, that the violation is maintained or permitted. In the event of a timely appeal to the Superior Court pursuant to subsection (H) of this section, and provided the City prevails thereon each day, or any portion thereof, that a continuing violation is maintained or permitted after a court -ordered abatement date shall be a misdemeanor. Filing a misdemeanor action does not preclude the City from pursuing any other remedies to gain compliance provided in this Code or under state law. For purposes of this subsection (I), a "continuing violation" shall mean a single, ongoing condition or activity in Violation of the Municipal Code. Section 3. Section 1.08.010 (Violation — Misdemeanor when) of Chapter 1.08 (General Penalty) of Title 1 (General Provisions) of the Rolling Hills Municipal Code is hereby amended to read as follows: 1.08.010 - Violation —Misdemeanor when. A. Any person violating any provision or failing to comply with any of the mandatory requirements of the ordinances of the City shall be charged with a misdemeanor, unless the violation is made an infraction by ordinance. B. Any person who violates the same provision, or fails to comply with the same requirement, of the sections of this code set forth in Section 1.08.030 more than three times within a twelve month period shall be charged with a misdemeanor for each violation committed thereafter within that same twelve month period. Any person who violates or fails to comply with the sections of this code set forth in Section 1.08.030 and who possesses no photo identification or refuses to identify him or herself to an enforcement officer, making it impossible to issue an administrative citation, shall be charged with a misdemeanor. Ordinance No. 352 8 Section 4. Effective Date. This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. Section 5. Severability. If any section; subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 6. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance , with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. PASSED, APPROVED AND ADOPTED this day of , 2017. JAMES BLACK, MAYOR ATTEST: HEIDI LUCE CITY CLERK Ordinance No. 352 9 13 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 352 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 9.58 (SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING OCCURS) OF ARTICLE VII (OFFENSES BY OR AGAINST MINORS) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON PERSONS WHO FACILITATE OR ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY MINORS AT ANY PARTY, GATHERING OR EVENT AT A PRIVATE RESIDENCE; AND AMENDING SECTION 1.08.010 AND ADDING SECTIONS 1.08.030 THROUGH 1.08.090 TO CHAPTER 1.08 (GENERAL PENALTY) TO TITLE 1 (GENERAL PROVISIONS) OF THE ROLLING HILLS MUNICIPAL CODE TO CREATE AN ADMINISTRATIVE CITATION PROCESS FOR CODE VIOLATIONS was approved and adopted at a regular meeting of the City Council on , 2017 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. Ordinance No. 352 HEIDI LUCE CITY CLERK 10 3/,15/2017 Relationshirc R""ween Social Host Laws and Underage Drinking: Finding- r --m a Study of 50 California Cities Home I Current Issue 1 Past. Issues J Stud Alcohol Drugs. 2014 Nov; 75(6): 901-907. PMCID: PMC4211332 Relationships Between Social Host Laws and Underage Drinking: Findings From a Study of 50 California Cities Mallie J Paschall, Ph.D.,a,* Sharon Lipperman-Kreda, Ph.D.,a Joel W Grube, Ph.D.,a and Sue Thomas, Ph.D.b aPrevention Research Center, Oakland, California bPacific Institute for Research and Evaluation, Santa Cruz, California Correspondence may be sent to Mallie J. Paschall at the Prevention Research Center, 180 Grand Avenue, Suite 1200, Oakland, CA 94612, or via email at: paschal) orev.orq. Received 2014 Mar 21; Accepted 2014 Jun 12. Copyright © 2014 by Alcohol Research Documentation, Inc. This article has been cited by other articles in PMC. Abstract Objective: Many states and local communities have enacted social host (SH) laws to reduce underage drinking in private settings. However, little is known about whether such laws are effective. This study examined relationships between city SH laws and underage drinking in general and at parties in private settings. Method: Go to: SH policy data were collected for 50 California cities in 2009, and SH policies were rated for comprehensiveness and stringency. Annual telephone interviews were conducted with a cohort of 1,483 adolescents (ages 13-16 at Wave 1) from 2009 to 2011 to assess past -year alcohol use, heavy drinking, and drinking at parties. Multilevel analyses were first conducted for the total sample to examine relationships between SH laws and adolescents' past -year drinking, with other city and individual characteristics controlled for. Parallel analyses were then conducted for a subsample of 667 youth who had reported any past -year drinking. Results: SH policy ratings were unrelated to any of the past -year drinking outcomes for the total sample of adolescents. However, among past -year drinkers, a stronger SH policy was inversely related to drinking at parties ((3 = -.06, p < .05) but was unrelated to past -year alcohol use and heavy drinking in general. There were no moderating effects of SH policy on change in adolescents' past -year drinking over the 3 -year period. Conclusions: Local SH policies that include strict liability and civil penalties that are imposed administratively may be associated with less frequent underage drinking in private settings, particularly among adolescents who have already initiated alcohol use. HAZARDOUS DRINKING AND alcohol -related problems such as drinking and driving remain prevalent among adolescents in the United States. The 2012 Monitoring the Future Survey indicated that 11% of 8th graders, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4211332/ 1/8 3/15/2017 Relationships Be Social Host Laws and Underage Drinking: Findings Fro - .udy of 50 California Cities 27.6% of 10th graders, and 41.5% c_ graders had consumed at least one alc .. .ic drink in the past 30 days, whereas prevalence rates for heavy episodic drinking (>5 consecutive drinks) in the past 2 weeks were 5.1%, 15.6%, and 23.7% among youth in these three grades, respectively (Johnston et al., 2013). The 2012 Monitoring the Future Survey also indicated that 57.5% of 8th graders, 78.2% of 10th graders, and 90.6% of 12th graders thought that alcoholic beverages would be "fairly easy" or "very easy" to get. The majority of adolescents obtain alcohol from social sources, notably from friends older than 21 and at parties (Paschall et al, 2007; Pemberton et at, 2008). A growing number of states and communities are enacting social host (SH) laws to prevent or reduce underage drinking in private settings. There are two types of SH laws. Laws prohibiting hosting of underage parties involve statutory prohibitions enforced by state or local governments, generally through criminal proceedings, that can lead to sanctions such as fines or imprisonment. Host party laws often are closely linked to laws prohibiting the furnishing of alcohol to minors, although laws that prohibit the hosting of underage drinking parties may apply without regard to who furnishes the alcohol. Second, SH civil liability laws, which are at the state level only, involve actions by a private party seeking monetary damages for injuries that result from permitting underage drinking on the host's premises. SH laws of both types may be effective strategies for reducing underage drinking and related problems such as drinking and driving (Pacific Institute for Research and Evaluation/Office of Juvenile Justice and Delinquency Prevention 1131R F./O.1JDP]. 2011). However, research on the effectiveness of either type of SH laws is very limited (Hingson and White, 2014; Wagoner et al., 2012). One study examined effects of state SH civil liability laws on alcohol -related motor vehicle fatalities among 18- to 20 -year -olds from 1975 to 2005 (Dills. 2010). Results indicated a 9% reduction in alcohol -related traffic fatalities that was attributable to the presence of SH laws. This study also examined effects of state SH laws on self -reported alcohol use, heavy episodic drinking, and drinking and driving among 18- to 20 -year -olds who participated in the Behavioral Risk Factor Surveillance Survey from 1984 to 2004. Results indicated modest, nonsignificant reductions in alcohol use and heavy episodic drinking. However, a significant reduction in the frequency of self -reported drinking and driving was observed in states with SH laws, compared to those without such laws, when overall trends were controlled for. Less evidence for the effectiveness of SH policies was found in a recent cross-sectional study (Wagoner et al., 2013). The presence of local or state SH policies (prohibitions against hosting underage drinking parties) was unrelated to drinking at home or in someone else's home on the last drinking occasion, heavy drinking, or drinking consequences among adolescents. However, youth living in communities where SH ordinances had been in effect longer were less likely to report drinking with large groups of peers. Limited evidence for effects of either type of SH laws on alcohol use and heavy episodic drinking may be attributable to the lack of specificity regarding drinking settings, as both types of SH laws pertain to private settings where underage youth may obtain and consume alcohol. In addition, the available studies have examined only effects of the presence of SH laws, regardless of the content of the law, which varies considerably across states and communities (Fell et al., 2008). In states such as California where no comprehensive, statewide hosting -prohibition law exists, some counties and cities have enacted such laws, often in response to a tragic event related to underage drinking in a private setting. As part of a study on local alcohol policies related to underage drinking, Thomas et al. (2012) obtained information on the presence or absence and the content of hosting -prohibition laws in 50 California cities. Of the 50 cities, 24 had an SH law in 2009. SH laws in the 24 cities were rated for comprehensiveness and stringency, based on recommended best practices for local alcohol -control policies and a model SH ordinance. The findings indicate that the most effective SH laws (a) apply specifically to underage drinkers, (b) require civil adjudication with a swift administrative penalty, and (c) do not require prior knowledge (i.e., if it happens on your property, you are responsible regardless of specific knowledge of underage drinking; PIRE/O.IJDP, 2011; Ventura. County Behavioral Health Department, 2005). hops://www.ncbi.nlm.nih.gov/pmc/articles/PMC4211332/ 2/8 3/15/2017 Relationships Between Social Host Laws and Underage Drinking: Finding c -^m a Study of 50 California Cities Variation in SH laws across the :ities and interview data collected from a scents as part of the 50 -city study allow for an assessment of associations between the strength of SH laws and underage drinking in general and in private settings. We hypothesized that adolescents living in cities with stronger SH laws would report less frequent drinking at parties than youth living in cities where SH laws were absent or relatively weak. We also hypothesized that SH law ratings would not be as strongly associated with drinking in general as with drinking at parties. Based on findings of two recent studies with data from the 50 cities (Paschall et al., 2012, 2014), we also took into account other city and individual characteristics that may act as confounders, including adult drinking, bar density, enforcement of underage drinking laws, and demographic characteristics. Method Go to: Study sample and survey methods Sample of cities. Beginning with a list of all 138 California cities with populations between 50,000 and 500,000, a purposive geographic sample of 50 noncontiguous cities was drawn to maximize representativeness with regard to the geography and ecology of the state. The sampled cities tended, on average, to have slightly smaller populations (106,588 vs. 108,000), somewhat less ethnic diversity (e.g., 64% vs. 59% White), smaller household sizes (2.82 vs. 2.93 persons), and lower median household incomes ($50,000 vs. $52,000) than unsampled cities on the list. Of importance, however, none of these differences was statistically significant, and the coverage of these measures across cities was good. Resampling using different starting seeds provided much the same results, offering further evidence regarding the robustness and representativeness of these sampled places (Gruenewald et al., 2014). Youth sample and survey methods. This study includes adolescents who participated in at least one of three waves of an annual survey conducted in the 50 cities between 2009 and 2012. The survey targeted adolescents who were 13-16 years old in 2009 (Wave 1). Households within each city were randomly sampled from a purchased list of telephone numbers and addresses. An invitation letter describing the study was mailed to sampled households and followed by telephone contact. Interviewers obtained parental consent for the interviews, followed by assent from the youth respondents. Respondents received $25 at Waves 1 and 2 and $35 at Wave 3 for their participation in the study. Institutional review board approval was obtained before study implementation. Computer -assisted telephone interviews were given in either English or Spanish at the respondent's request and lasted 30-40 minutes. Interviewers assured youth that their responses to survey questions would be kept confidential and checked to ensure that their responses could not be overheard by someone else in the household. Of 3,062 sampled households with eligible respondents, 1,543 (50.4%) participated in the first interview (Wave 1). Of these youth, 1,312 (85%) participated 1 year later in Wave 2, and 1,121 (72%) participated 2 years later in Wave 3. The current study is based on data from 1,483 youths who (a) participated in at least one wave of data collection, (b) lived in the same city across study years, and (c) provided complete data for all demographic measures. An average of 30 adolescents (range: 20-47, SD = 5.91) per city provided data for this study. Youth survey measures Alcohol use. Respondents were asked, "Have you ever had a whole drink (not just a sip or a taste) of an alcoholic beverage? A whole drink is a bottle or can of beer, malt liquor, or flavored malt beverage, a glass of wine, a shot of liquor, or a whole mixed drink." Respondents who answered "yes" were then asked, "In the past 12 months, on how many days did you have a whole drink of an alcoholic beverage?" and "In the past 12 months, on the days when you drank alcohol, how many drinks did you typically have?" Response values for these two variables were multiplied to create a past -year alcohol quantity x frequency (QF) measure. Alcohol QF consumption measures have been shown to have test —retest reliability and validity in clinical and nonclinical studies with adolescents (Sobel] and Sobel!, 2003). Respondents who indicated any past -year drinking were also asked, "In the past 12 months, on the X days when you dra s , on how many of these days would you say you had https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4211332/ 3/8 3/15/2017 Relationships Bet Social Host Laws and Underage Drinking: Findings Fror _ c•udy of 50 Califomia Cities five or more drinks?" They were alp.. _..ked, "Thinking about the past 12 months, ___ w many times did you drink alcoholic beverages at parties?" All past -year drinking variables were log transformed to reduce skewness. Demographics. Youth reported their gender, age, and race/ethnicity. Race/ethnicity was treated as a dichotomous variable (non -Hispanic White vs. non-White). City -level measures Social host policy. Hosting -prohibition policies in the 50 cities in 2009 were identified through a review of local alcohol policy data, using city ordinances available online and interviews with city clerks. We rated each city's SH policy based on a coding system developed in previous studies of state underage drinking laws (Fell et al., 2008, 2009) and recommended best practices (P1RE/OJJDP, 2011; Ventura County Behavioral Health Department, 2005). Each city received a +1 if it had an SH ordinance or a 0 otherwise. Each element of law was assigned points for comprehensiveness/stringency or the reverse where individual provisions weakened the law. For example, +2 points were assigned if the law applied to underage persons or parties; +2 if it was a civil law only, +1 if it was a criminal law only, and +3 if it was both a civil and a criminal law; +1 if the law applied to the full range of property types (residential and outdoor property); and -1 if there was a knowledge requirement in the law. This gave each city the possibility of 7 total points. The same approach was used to rate SH policies in 2010 and 2011. Strong correlations among the ratings for SH policy in the three study years (r = .89—.96) and comparisons of city SH policies from year to year indicated that there were very few changes during that time. We therefore used 2009 SH policy ratings in the current analyses. This variable was log transformed to reduce skewness. Local enforcement activities. The level of enforcement of underage drinking laws by police departments in California cities is determined to some extent by funding from the California Alcohol Beverage Control Agency (CA ABC). Therefore, we used total funds received from the CA ABC from 2008-2009 to 2010-2011 as a surrogate measure of enhanced enforcement activities. Fifteen of the 50 cities had received CA ABC funds in at least one of those years, ranging from $ 11,500 to $200,000 total. Compliance checks to reduce alcohol' sales to underage youth are the most common type of enforcement activity using these funds, but they may also be used for other activities such as enforcement of minor -in -possession laws. Because city population size could influence level of funding, the per capita funding rate was computed. This variable was log transformed to reduce skewness. Bar density. In a previous study with two waves of youth survey data from the 50 cities, we found that bar density was positively related to youth drinking, whereas off -premise outlet density was not (Paschall et al., 2012). Bar density may therefore represent both the physical availability of alcohol and community norms regarding alcohol use. Based on records of licensed establishments obtained from the CA ABC, we computed bar densities based on the number of bars per roadway mile. This measure is thought to be a better indicator of access to alcohol outlets than outlets per square mile (Chen et al.. 2010). Adult alcohol use. A random -digit -dial household telephone survey of 8,553 adults in the 50 cities was conducted in 2009 to assess levels of alcohol consumption and related problems (Gruenewald et al., 2014). The number of adult respondents per city ranged from 109 to 204 (M= 171). Respondents' ages ranged from 18 to 98 (M= 54.6), 57% were female, and 59% were White. The survey included a graduated frequency measure that was used to calculate the total volume and frequency of alcohol use in the past 28 days. The mean level of past - 28 -day alcohol use was then obtained for each city. This variable was log transformed to reduce skewness. City demographics. Measures of city demographics were obtained from 2010 census data (Geolvtics, 2010). City demographics included population density, percentage of the population younger than 18 years old, and percentage of White and Hispanic residents. A socioeconomic status factor score was derived from median family income, percentage of the population with a college education, and percentage of the population that was https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4211332/ 4/8 3/15/2017 Relationships Between Social Host Laws and Underage Drinking: Finding^ c —m a Study of 50 California Cities unemployed. These measures v significantly correlated (r = .52—.79, p < . Principal components analysis yielded a single factor solution, accounting for 75.1% of the variance (factor loadings range: .78—.91). Data analysis Attrition analyses were conducted to determine whether adolescents who participated only in the first survey differed from those who also participated in the second and third surveys with respect to demographic characteristics and alcohol use behaviors at Wave 1. Multilevel linear regression analyses were conducted with HLM Version 7.0 software (Raudenbush et al.. 2011) to examine associations between city -level SH policy ratings and drinking behaviors. SH policy rating and other alcohol environment indicators (enforcement of underage drinking laws, adult drinking, bar density) and city demographics were included as city -level variables in all models. Youth gender, age, and race/ethnicity were included as individual -level variables in all models. Drinking behaviors (outcomes) and a time (survey wave) variable were included at the observation level. The cross -level interaction between SH policy rating and time was examined to determine whether it was predictive of outcome slopes. The interaction term was dropped from models if it was not statistically significant. Parallel analyses were conducted for 667 youths who reported any past -year alcohol use for at least one wave of data collection (56% male, Mage at Wave 1 = 14.9 years, SD = 0.95) to determine whether effects of SH policies and other community characteristics would differ when the sample was limited to drinkers. Results Go to: Sample attrition Attrition analyses indicated that the percentage of female youth did not differ significantly across the three waves (range: 47.8%-48.7%), nor did the percentage of Whites (range: 57.8%-59.2%). T test results indicated that Wave 1 mean levels of past -year drinking at parties, past -year alcohol use, and heavy drinking were similar among youth who did and did not participate in Wave 2. Mean levels of past -year drinking at parties and past - year alcohol use were significantly higher among youth who did not participate in Wave 3 —drinking at parties: t(628.78) = 2.74,p = .006; past -year alcohol use: t(644.14) = 2.61,p = .009. Mean levels of past -year heavy drinking were similar among youth who did and did not participate in Wave 3. Descriptive statistics Descriptive statistics for study variables are provided in Table 1. The mean SH policy rating was 2.84 (SD = 3.06, range: 0-7); as noted previously, this variable and others were log transformed for analyses to reduce skewness. Prevalence rates for past -year youth alcohol use were 20.2% at Wave 1, 32.0% at Wave 2, and 44.5% at Wave 3. Prevalence rates for heavy drinking were 8.2% at Wave 1, 14.6% at Wave 2, and 22.7% at Wave 3. Prevalence rates for drinking at parties were 15% at Wave 1, 25% at Wave 2, and 37% at Wave 3. Table 1 Descriptive statistics Social host policy and past -year drinking Results of multilevel analyses examining associations between SH policy ratings and alcohol use behaviors are reported in Table 2. No associations were found between SH policy rating and any of the three past -year drinking outcomes. In addition, no cross -level interactions were found between time and SH policy rating on any of the alcohol use behaviors. Of the other alcohol environmental indicators, bar density was positively related to drinking at parties, whereas adult drinking was positively rela d to past -year heavy drinking. Being older and https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4211332/ 5/8 3/15/2017 Relationships Be'------ Social Host Laws and Underage Drinking: Findings Fro— - "'udy of 50 California Cities being male were consistently assoc_____ with greater heavy drinking, greater alcL_____ use in general, and drinking at parties, whereas ethnicity was not related to any of the past -year drinking outcomes. Table 2 Results of multilevel analyses for total adolescent sample, (i (SE) We further examined these associations among the 667 youth who reported past -year alcohol use for at least one wave of data collection (Table 3). A statistically significant inverse association was found between SH policy rating and youth past -year alcohol use at parties, indicating that a stronger SH policy was associated with less frequent alcohol use at parties among drinkers. To help with interpretability, we also ran the model using Poisson (zero -inflated) regression with the original (unlogged) variables. Results indicated a modest, although significant, 3% lower incidence of drinking at parties with each unit increase in the SH policy rating (event rate ratio [95% CI] = 0.97 [0.95, 0.99],p = .03). This represents a 20% lower incidence of drinking at parties among adolescents in cities with the highest SH policy rating compared to those in cities with no SH law. No association was observed between SH policy rating and overall past -year alcohol use or heavy drinking. No cross -level interactions were found between time and SH policy rating on any of the alcohol use behaviors. Of the other alcohol environment indicators, adult alcohol use was positively related to overall past -year alcohol use. Associations between youth demographic characteristics and past -year drinking variables were similar to those observed for the total sample. Table 3 Results of multilevel analyses for adolescent drinkers, R (SE) To investigate the possibility that SH policies had a greater effect for older than for younger adolescents, we conducted additional analyses that included the interactions between age and the SH policy rating, for both the total sample and drinkers only. These analyses indicated that age did not significantly moderate the relationships between SH policy and any of the outcomes. Discussion Go to: Many states and local communities have enacted hosting -prohibition laws to reduce hazardous drinking by underage youth in private settings. This study is one of the first to examine whether local hosting -prohibition policies are associated with adolescent alcohol use and heavy drinking in general and at parties that are typically in private settings. Results suggest that stronger SH policies are associated with less frequent drinking at parties among adolescents who have already initiated alcohol use. SH policies, however, were unrelated to drinking at parties among all adolescents, including those who have not already initiated alcohol use. The general measures of past -year alcohol use and heavy drinking were unrelated to SH policy ratings for both the total sample of adolescents and the subsample of drinkers. Thus, SH policies may be most relevant and effective for deterring alcohol use in private settings for adolescents who have already begun to drink. Our findings also provide some support for the validity of our SH policy ratings. The fact that we found a significant 'association between SH policy ratings and drinking at parties among alcohol -initiated adolescents suggests that SH policies are effective in a meaningful subset of those situations for which they were designed. To address more broadly the harms that result from underage drinking at parties to the drinkers themselves as well as others, a larger range of underage drinking policies is needed. For example, policymakers and researchers may want to consider the two major types of SH laws that can be implemented. The first is the type of SH policy investigated here, which establishes government -imposed liability against individuals (social hosts) responsible for underage drinking events on property they own, lease, or otherwise control. These laws can be implemented https://www.ncbi .nlm.nih.gov/pmc/articles/PMC4211332/ 6/8 3/15/2017 Relationshinc RPtween Social Host Laws and Underage Drinking: Findinf - ;n a Study of 50 California Cities at both the state and local level: le second type involves an action by a pr_ . ___: party seeking monetary damages for injuries that result from permitting underage drinking on the host's premises. Only state legislatures or state courts (as opposed to city and county governments) have the authority to impose this form of civil liability. These different approaches to SH liability may have, different implications for preventing underage drinking and drinking problems. The effectiveness of SH laws in preventing or reducing underage drinking will depend not only on the content of the laws but also on public awareness and enforcement of SH laws, neither of which was examined in this study. Public awareness of SH laws may be enhanced through a variety of media channels, including written or electronic messages from schools, public service announcements, and news coverage of related enforcement activities. Enforcement of SH laws will most likely occur when there is strong support from the city government and appropriate training of law enforcement officers, who may be accustomed to using party -dispersal operations that do not focus on the party hosts when underage drinking is involved. In addition, resources to support SH law enforcement operations may be limited. Thus, some communities have adopted response cost —recovery ordinances (which are, often, a component of hosting underage drinking party ordinances, although they are sometimes separate ordinances), where fines are imposed on party hosts to cover the costs of enforcement operations and emergency medical services. Findings of this study should be considered in light of several limitations. We cannot make causal inferences because this study examined only the association between SH laws and youth drinking. Adolescents in our sample may not be representative of all adolescents in the 50 California cities, and sample attrition may have affected our results in unknown ways. In addition, California cities in our sample may not be typical of other cities in the United States in terms of demographic makeup, as many California cities have ethnically diverse populations with a relatively high percentage of non-White or Hispanic residents. Therefore, findings of this study may not generalize beyond the study sample. Responses to survey questions were subject to recall and social desirability biases, which may have led to underreportingof alcohol use, although measures were taken to ensure privacy of telephone interviews and truthful responses to survey questions. We also recognize the difficulty of interpreting analysis results, given that many of the variables were log transformed before analyses. In addition, we did not directly measure the level of enforcement of SH policies by local law enforcement agencies; a high level of enforcement may enhance their effectiveness. Additional research is needed to determine whether findings of this studycan be replicated in other settings. Ideally, studies with controlled or natural experimental designs are needed to determine whether SH laws are effective (Wagoner et al., 2012). Future research should also examine the level of enforcement of SH laws, which may vary considerably across communities. Without adequate enforcement, support from the public and city officials, and parental awareness, SH laws may be less effective. Research is also needed to better understand the mechanisms through which SH policies may affect youth drinking, such as alcohol availability from social sources, perceived acceptability of alcohol use, and perceived enforcement of underage drinking laws. In addition, future research should examine effects of SH policies on adverse consequences of adolescent alcohol use in private settings, such as drinking and driving. Footnotes Go to: This research and preparation of this article were supported by National Institute on Alcohol Abuse and Alcoholism (NIAAA) Grant P60-AA006282. The content is solely the responsibility of the authors and does not necessarily represent the official views of the NIAAA or the National Institutes of Health. References Go to: Chen M -J, Grube JW, Gruenewald Pi. Community alcohol outlet density and underage drinking. Addiction. 2010;105:270-278. [PMC free article] [PubMed] Dills AK. Social host liability for minors and underage drunk -driving accidents. Journal of Health Economics. 2010;29:241-249. [PubMed] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4211332/ 7/8 3/15/2017 Relationships Be Social Host Laws and Underage Drinking: Findings Frc -ludy of 50 California Cities Fell JC, Fisher DA, Voas RB, Blacl.....,.i K, Tippetts AS. The relationship of unt;.,...se drinking laws to reductions in drinking drivers'in fatal crashes in the United States. Accident Analysis and Prevention. 2008;40:1430-1440. [PMC free article] [PubMed] Fell JC, Fisher DA, Voas RB, Blackman K, Tippetts AS. The impact of underage drinking laws on alcohol - related fatal crashes of young drivers. Alcoholism: Clinical and Experimental Research. 2009;33:1208-1219. [PMC free article] [PubMed] Geolytics. Official Census 2010 Data. 2010 Retrieved from http://www.geolytics.com/USCensus,Census2010,Products.asp. Gruenewald PJ, Remer LG, LaScala EA. Testing a social ecological model of alcohol use: The California 50 -city study. Addiction. 2014;109:736-745. [PMC free article] [PubMed] Hingson R, White A. New research findings since the 2007 Surgeon General's Call to Action to Prevent and Reduce Underage Drinking: A review. Journal of Studies on Alcohol and Drugs. 2014;75:158-169. [PMC free article] [PubMed] Johnston LD, O'Malley PM, Bachman JG, Schulenberg JE. Monitoring the Future national survey results on drug use, 1975-2012. Volume I: Secondary school students. Ann Arbor, MI: Institute for Social Research, University of Michigan; 2013. Pacific Institute for Research and Evaluation/Office of Juvenile Justice and Delinquency Prevention. Regulatory strategies for preventing youth access to alcohol: Best practices. 2011. Calverton, MD: Author. Retrieved from http://www.udetc.org/documents/accesslaws.pdf. Paschall MJ, Grube JW, Black C, Ringwalt CL. Is commercial alcohol availability related to adolescent alcohol sources and alcohol use? Findings from a multi -level study. Journal of Adolescent Health. 2007;41:168-174. [PMC free article] [PubMed] Paschall MJ, Grube JW, Thomas S, Cannon C, Treffers R. Relationships between local enforcement, alcohol availability, drinking norms, and adolescent alcohol use in 50 California cities. Journal of Studies on Alcohol and Drugs. 2012;73:657-665. [PMC free article] [PubMed] Paschall MJ, Lipperman-Kreda S, Grube JW. Effects of the local alcohol environment on adolescents' drinking behaviors and beliefs. Addiction. 2014;109:407-416. [PMC free article] [PubMed] Pemberton MR, Colliver JD, Robbins TM, Gfroerer JC. Underage alcohol use: Findings from the 2002-2006 National Surveys on Drug Use and Health (Department of Health and Human Services Publications No. SMA 08-4333, Analytic Series A-30) Rockville, MD: Substance Abuse and Mental Health Services Administration, Office of Applied Studies; 2008. Raudenbush S, Bryk A, Cheong YF, Congdon R, du Toit M. HLM 7: Hierarchical linear and nonlinear modeling. Lincolnwood, IL: Scientific Software International; 2011. Sobell LC, Sobel] MB. Alcohol consumption measures. In: Allen JP, Wilson VB, editors. Assessing alcohol problems: A guide for clinicians and researchers. 2nd ed. Bethesda, MD: National Institute on Alcohol Abuse and Alcoholism; 2003. (NIH Publication No. 03-3745, pp. 75-99) Thomas S, Paschall MJ, Grube JW, Cannon C, Treffers R. Underage alcohol policies across 50 California cities: An assessment of best practices. Substance Abuse Treatment Prevention Policy. 2012;7:26-39. [PMC free article] [PubMed] Ventura County Behavioral Health Department. Model social host liability ordinance with legal commentary and resources. Ventura, CA: Author; 2005. Wagoner KG, Francisco VT, Sparks M, Wyrick D, Nichols T, Wolfson M. A review of social host policies focused on underage drinking parties: Suggestions for future research. Journal of Drug Education. 2012;42:99-117. [PubMed] Wagoner KG, Sparks M, Francisco VT, Wyrick D, Nichols T, Wolfson M. Social host policies and underage drinking parties. Substance Use & Misuse. 2013;48:41-53. [PubMed] Articles from Journal of Studies on Alcohol and Drugs are provided here courtesy of Rutgers University. Center of Alcohol Studies https://www.ncbi .nlm.ni h.gov/pmc/articles/PMC4211332/ 8/8 Subject Social Host information Date: Wednesday, March 15, 2017 10:23 AM From: Rod Uyeda <relaxinrod@gmall.com> To: <mayor citycouncil@cityofrh.neb, "Raymond R. Cruz" <rcruz@cityofrh.net> MAR 15 2017 City of Rolling Hills By Good morning. 1 apologize for not being able to be at your recent Council meeting, but I understand a number of questions came up that perhaps no one had answers to. Perhaps I can be of some assistance as you move forward... My name is Rod Uyeda. I am the former Chief of Police of the Manhattan Beach Police Department. I retired in 2011. i also brought forth the first Social Host Ordinance in LA County for Manhattan Beach. Regarding appeals. You can set your own procedure for appeals. You do not have to hire anyone special. It could be someone already on your staff, such as the City Manager, his assistant or even someone on one of your commissions. It Just needs to be someone who probably is well educated, fair, impartial and reasonable. It could also be a volunteer. You can set your own rules as long as they are reasonable. Being a lawyer would probably help since they are well versed in a "reasonable" standard. This ordinance has already been tested in court. It is prevalent in both San Diego and Ventura Counties. Orange County, like LA County, are starting to see more and more cities enact this ordinance to curb underage drinking. If someone refuses to pay, the fine can be turned over to a collection agency. The work is minimal, since most of it has already been done and any costs can be covered by fines down the road. The City of Manhattan Beach averages around 4-6 cites per year. Hermosa Beach I believe has had around two. But what is clear is that the number of these parties have decreased so that cites are rare. It is so important to send a message to families that need that extra pressure to be a parent or responsible adult instead of trying to be their child's friend or one of the "cool" parents. I hope this information helpsl Thank you so much for showing strong leadership and moving forward with this ordinance! Rod Uyeda CITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA SS COUNTY OF LOS ANGELES I am a citizen of the United States. I am over the age of eighteen years and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. On the 23'd day of May, 2017, I serve the within Ordinance No. 352 Chapter 958 Social Host Liability for Parties at which underage drinking occurs. a copy of which is annexed hereto and made a part hereof EMAILED MAILED DELIVERED NONE NONE NONE Posted at City Hall for 30 days. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the 23rd day of May, 2017 at Rolling Hills, California. EWA NIKODEM ADMINISTRATIVE ASSISTANT ORDINANCE NO. 352 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 9.58 (SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING OCCURS) OF ARTICLE VII (OFFENSES BY OR AGAINST MINORS) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON PERSONS WHO FACILITATE OR ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY MINORS AT ANY PARTY, GATHERING OR EVENT AT A PRIVATE RESIDENCE; AND AMENDING SECTION 1.08.010 AND ADDING SECTIONS 1.08.030 THROUGH 1.08.090 TO CHAPTER 1.08 (GENERAL PENALTY) TO TITLE 1 (GENERAL PROVISIONS) OF THE ROLLING HILLS MUNICIPAL CODE TO CREATE AN ADMINISTRATIVE CITATION PROCESS FOR CODE VIOLATIONS The City Council of the City. of Rolling Hills does hereby ordain as follows: Section 1. A new Chapter 9.58 (Social Host Liability for Parties at which Underage Drinking Occurs) of Article VII (Offenses By Or Against Minors) of Title 9 (Public Peace, Morals, and Welfare) is hereby added to the Rolling Hills Municipal Code to read as follows: Chapter 9.58 Social Host Liability for Parties at which Underage Drinking Occurs Sections 9.58.010 Purpose and Intent 9.58.020 Definitions 9.58.030 Social host liability for parties at which underage drinking occurs 9.58.040 Exceptions 9.58.050 Notice to responsible person 9.58.060 Cost reimbursement to the City 9.58.070. Penalties. 9.58.010. Purpose and intent. The City Council finds and determines that minors sometimes obtain alcoholic beverages at parties held at private premises. The purposes of this chapter are as follows: A. Protect the public health, safety and general welfare; B. Discourage and decrease underage drinking by imposing a civil fine on persons responsible for gatherings where alcohol is consumed by or served to underage persons; and C. Facilitate the enforcement of laws prohibiting the service to and consumption of alcoholic beverages by underage persons. 9.58.020. Definitions. For the purposes of this chapter, the following definitions shall apply: A. "Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half ('/z) of one percent (1%) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. B. "Residence or other private property" shall mean a home, yard or other dwelling unit, or a guesthouse, pool house, barn or other similar accessory structure whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function venue, and whether owned, leased, rented or used with or without compensation. C. "Responsible person" includes the following persons, whether or not present at a gathering in violation of this chapter: Ordinance No. 352 1 1. A person or persons with a right of possession of the residence or other private property at which a gathering is conducted; 2. Each person who has an ownership interest in the premises. In the event the property is rented, the landlord shall qualify as a Responsible Person where the landlord knew or reasonably should have known of a prior gathering at the same premises; 3. Each person who, although not an owner, nevertheless occupies or has a legal right or legal obligation to exercise possession or control over the premises 4. Any person who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering; or 5. The parent or legal guardian of an underage person, where the underage person is the host of a gathering in violation of this chapter. D. "Underage person" is any person under the age of twenty-one (21). 9.58.030. Social host liability for parties at which underage drinking occurs. It shall be a violation of this chapter, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to conduct or allow in a residence or other private property any party, gathering or event at which an underage person consumes alcoholic beverages, where the responsible party knows or reasonably should know that an underage person has obtained or may consume an alcoholic beverage. Prior knowledge of the gathering is not pre -requisite to a finding that any specific individual is a responsible person as defined by this section. In the event the responsible person is an underage person, then the underage person, and their parents or legal guardian, shall be jointly and severally liable for any penalties incurred pursuant to this chapter. 9.58.040. Exceptions This chapter shall not apply to possession or consumption of an alcoholic beverage under the supervision of a parent or guardian in connection with a cultural or religious activity. 9.58.050. Notice to responsible person. When a law enforcement officer makes an initial response to a party, gathering or event at which underage consumption of alcoholic beverages occurs, the officer shall provide a written notice to all identified responsible persons at the time of the initial response. This notice shall include the following information: A. The official has determined that a party, gathering or event at which underage consumption of alcoholic beverages exists; B. The responsible person(s) will be fined for a violation of this chapter, pursuant to Section 9.58.070; C. If the condition is not abated and an additional response is required of law enforcement or emergency service providers, such as emergency personnel or fire, to abate the nuisance, the responsible persons(s) will be billed for any response costs incurred, pursuant to Section 9.58.060; and D. The responsible person(s) are entitled to request a hearing to appeal the fine and response costs pursuant to the procedures set forth in Section 1.08.090(H) for appealing administrative citations. 9.58.060 Cost reimbursement to the City. A. The person or persons responsible for any party, gathering or event described in Section 9.58.030 or on whose property the gathering is held, or if such person is a minor then the parents or legal guardians of the minor, shall be jointly and severally liable for the following costs attributable to the event: Ordinance No. 352 2 1. The actual cost to the City of law enforcement services beyond the initial response by a Sheriffs deputy necessary to abate the conditions described in Section 9.58.030; 2. Damage to public property resulting from such law enforcement response; and 3. Injuries to law enforcement personnel incurred in such law enforcement response. B. The Sheriffs Department shall accurately compute the cost of providing such services in accordance with the schedule of rates and charges for personnel and equipment contained in the law enforcement services agreement with the City and advise the City Manager of such costs, as well as' any other costs of damage to public property or injuries to personnel resulting from the law enforcement response. The person responsible for the event as above described shall be billed for these costs by the City Manager upon notice of the charges from the Sheriff and payment shall be due and payable within fifteen days (15) of the billing date. Should the amount due not be paid, the City may collect the debt, as well as any costs incurred in collecting the debt due to nonpayment, pursuant to any available provision of law. 9.58.070. Penalties. A. The city council shall establish a schedule of administrative fines for any violation of this chapter. B. In addition to the administrative fines described in this chapter, the responding law enforcement officer, may issue an order requiring the gathering to be disbanded and may cite and/or arrest any law violators under any other applicable ordinances and state statutes. Section 2. The following Sections are hereby added to Chapter 1.08 (General Penalty) of Title 1 (General Provisions) of the Rolling Hills Municipal Code to read as follows: 1.08.030 Violation — Subject to administrative citation when. Any person violating any provision or failing to comply with any of the mandatory requirements of Chapter 9.58, shall be subject to the administrative penalty provisions of this Chapter. 1.08.040 Administrative Penalty. An administrative penalty shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable directly to the City. Penalties shall be set forth in a penalty schedule established by resolution of the City Council. A portion of each penalty shall constitute reimbursement for the City's administrative expenses in issuing and processing the citation. Penalties shall be collected in accordance with the procedures specified in this chapter. Payment of a penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement by the City. In the case of violations of the building, plumbing, mechanical or electrical codes, an administrative citation shall not be issued until after the responsible party has been provided a notice and a reasonable opportunity to correct the violation, and has failed to do so. 1.08.050 Service procedures for issuing administrative citations. • An administrative citation may be issued to a responsible party by an enforcement officer for violation of those sections set forth in Section 1.08.030 as follows: A. By Personal Service. The person on whom the citation is served is required to confirm receipt by signing a copy of the citation, but his or her failure to do so shall have no effect on the citation's validity or enforceability; or B. By Regular First -Class Mail. Service shall be deemed effective when the citation is deposited in the United States mail; or C. By Posting on Property. If the enforcement officer is unable to serve the citation under subsections (A) or (B) above, by posting a copy of the citation on any real property within the City in which the City has knowledge that the responsible party has a legal interest. Service under this subsection shall be deemed effective on the date when the notice is posted; or Ordinance No. 352 3 D. By Publication. If the enforcement officer cannot serve the citation by any of the above methods, the enforcement officer may publish the citation in a newspaper likely to give actual notice to the_party subject to the citation. The publication shall be once a week for four successive weeks in a newspaper published at least once a week. ,^ 1.08.060 Contents of administrative citation. Administrative citations shall contain all of the following information: A. The date and the location of the violation and the approximate time the violation occurred; B. The code section violated and a description of how the section was violated; C. The action required to correct the violation; D. The consequences of failing to correct the violation; E. The amount of penalty imposed for the violation; F. The procedure to contest the citation; G. The signature of the enforcement officer and the signature of the responsible party, if that person can be located and will sign the citation, as set forth in Section 1.08.050. 1.08.070 Satisfaction of administrative citation. Upon receipt of a citation, the responsible party must do one of the following: A. 'Pay the Penalty. Pay the Penalty. Pay the fine to the City within thirty (30) days from the date of the citation. All fines assessed shall be payable to the City. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the City. Payment of the penalty waives the responsible party's right to the administrative hearing and appeal process pursuant to Section 1.08.090; or B. Remedy the Violation. If the violation is a first-time correctable offense, is deemed by the enforcement officer not to create an immediate threat to health and safety, and the responsible party remedies it within the time indicated on the citation; or C. Request an Administrative Hearing. If the responsible party chooses to contest the citation, the party shall do so no later than thirty (30) days after service of the citation. The request shall be submitted in writing as directed on the citation and shall include a statement of reasons why the citation is being contested. The request shall be accompanied by a deposit in the full amount of the penalty or written proof of financial hardship, which at a minimum must include tax returns, financial statements, bank account records, salary records, or similar documentation demonstrating that the responsible party is unable to deposit the penalty. A hearing will not be scheduled until a full amount of the penalty is deposited, or the City finds the responsible party financially unable to do so and waives the deposit requirement. In the event the responsible party fails or refuses to select and satisfy any of the altematives set forth in subsection (A), (B) or (C) above, then the penalty shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent penalty shall not preclude issuance of additional citations to the responsible party should the violations persist. 1.08.080 Issuing permits or licenses. If an enforcement officer issues an Administrative Citation because the responsible person lacks a required permit or license required by this code and the fine is delinquent, the City shall not issue the permit or license until the delinquent fine, and any applicable penalties and interest, are paid. Similarly, no permit or license shall be renewed until any and all outstanding administrative citations have been paid in full, regardless of the violation that triggered the administrative citation. 1.08.090 Administrative hearings and appeal process. Ordinance No. 352 4 A. Prehearing Dismissal of Citation. The City Manager may dismiss an administrative citation at any time in the interest of justice or if the citation is determined to have been issued in error, in which event any deposit made shall be refunded. Alternatively, the City Manager and the individual may voluntarily enter into a compliance agreement Whereby the individual agrees to adhere to the requirements for compliance specified in the agreement and the City agrees to dismiss.the citation upon satisfactory correction. B. Time for Administrative Hearing. The administrative hearing shall be scheduled no later than ninety (90) days after receipt of the request for a hearing to contest the citation. The responsible party will be notified in writing .at least ten (10) days prior to the date of the hearing by first' class mail of the date and time of the hearing. C. Appointment of Administrative Hearing Officer. The hearing shall be conducted by an administrative hearing officer appointed by the City Manager to perform such hearings. D. Request for Continuance of Hearing. The responsible party may request one continuance of the hearing, but in no event may the hearing begin later than ninety (90) days after receipt of the request for hearing from the responsible party. E. Failure to Attend Administrative Hearing. The individual to whom an administrative citation is issued, or that person's representative, may attend the hearing in person, or in lieu of attending may submit an Appearance by Written Declaration on a form provided by the City for that purpose. 1. If the cited individual or his or her representative fails to attend the scheduled hearing, or fails to submit an Appearance by Written Declaration on the form provided by the City for that purpose, he or she shall be deemed to have waived his or her right to an administrative hearing. Under these circumstances, the administrative hearing officer shall dismiss the challenge to the administrative citation, and shall issue a written notice to that effect. An individual whose challenge to an administrative citation is dismissed under this section shall be deemed not to have availed himself or herself of the right to an administrative hearing as provided in this chapter. 2. An individual who has been issued an administrative citation and who has requested an administrative hearing to challenge the citation as provided in this chapter may request in writing that his or her challenge to the citation be dismissed and the hearing cancelled. Upon receipt of such request, the administrative hearing officer shall dismiss the challenge to the administrative citation, cancel the pending hearing, and issue a written notice to that effect. Any individual who requests the dismissal of a challenge to an administrative citation under this section shall be deemed never to have availed himself or herself of the right to an administrative hearing as provided in this chapter. F. Procedures at Administrative Hearing. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The City bears the burden of proof at an administrative hearing to establish a violation. The citation is prima facie evidence of the violation and the enforcement officer who issued the citation is not required to participate in the hearing. The administrative hearing officer shall use preponderance of the evidence as the standard of evidence in deciding the issues. Evidence shall be submitted under penalty of perjury. G. Decision of an Administrative Hearing Officer. At the conclusion of the hearing or within fifteen 15 days thereafter, the administrative hearing officer shall render a decision as follows: 1. Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the penalty schedule, and if the violation has not been corrected as of the date of the hearing, order correction of the violation; or 2. Determine that the violation for which the citation was issued occurred, but that the responsible party has introduced credible evidence of mitigating circumstances warranting imposition of a lesser penalty than that prescribed in the penalty schedule, or no penalty at all, and imposing such lesser fine, if any, and if the violation has not been corrected as of the date of the hearing, ordering that the violation be corrected; or Ordinance No. 352 5 3. Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of the code. The administrative hearing officer shall issue a written decision entitled "Administrative Order" no later than fifteen (15) days after the date on which the administrative hearing concludes. The Administrative Order shall be served upon the responsible party by first class mail, or if that method fails, by any of the other methods set forth in Section 1.08.050. The Administrative Order shall become final on the date of mailing or other service, and shall notify the responsible party of his or her right to appeal as provided in subsection (H) of this section. The Administrative Order shall also: (i) either set a deadline for compliance with its terms, in the event that the responsible person fails to file an appeal, in no event less than twenty (20) days from the date of mailing or other service; or (ii) if the hearing officer determines as described in subsection (G)(2) or (G)(3) immediately above, and the responsible party has deposited the penalty with the City, order a partial or full refund of the deposit. If the violation is a continuing violation of the City's building, plumbing, mechanical, electrical or zoning code, the Administrative Order shall provide that the responsible person has not more than thirty (30) days from mailing or other service of the Administrative Order to correct the violation. H. Appeal the Administrative Order. If an administrative order is rendered in favor of the City, the responsible person may seek judicial review of the administrative order in the Los Angeles County Superior Court, by filing an appeal of the administrative order pursuant to, and paying the fee required by, Government Code § 53069.4 within twenty (20) days after service of the administrative order. Pursuant to Government Code § 53069.4, the appealing party must serve a copy of the notice of appeal in person or by first-class mail upon the City Clerk: If no notice of appeal is filed within the twenty (20) Day period, the administrative hearing officer's decision is final. I. Failure to Comply with Administrative Order. In the absence of a timely appeal to the Superior Court, failure to comply with a final administrative order directing the abatement of a continuing violation by the date specified in the order shall be a misdemeanor for each day thereafter, or any portion thereof, that the violation is maintained or permitted. In the event of a timely appeal to the Superior Court pursuant to subsection (H) of this section, and provided the City prevails thereon each day, or any portion thereof, that a continuing violation is maintained or permitted after a court -ordered abatement date shall be a misdemeanor. Filing a misdemeanor action does not preclude the City from pursuing any other remedies to gain compliance provided in this Code or under state law. For purposes of this subsection (I), a "continuing violation" shall mean a single, ongoing condition or activity in Violation of the Municipal Code. Section 3. Section 1.08.010 (Violation — Misdemeanor when) of Chapter 1.08 (General Penalty) of Title 1 (General Provisions) of the Rolling Hills Municipal Code.is hereby amended to read as follows: 1.08.010 - Violation —Misdemeanor when. A. Any person violating any provision or failing to comply with any of the mandatory requirements of the ordinances of the City shall be charged with a misdemeanor, unless the violation is made an infraction by ordinance. B. Any person who violates the same provision, or fails to comply with the same requirement, of the sections of this code set forth in Section 1.08.030 more than three times within a twelve month period shall be charged with a misdemeanor fbr each violation committed thereafter within that same twelve month period. Any person who violates or fails to comply with the sections of this code set forth in Section 1.08.030 and who possesses no photo identification or refuses to identify him or herself to an enforcement officer, making it impossible to issue an administrative citation, shall be charged with a misdemeanor. Section 4. Effective Date. This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. R Ordinance No. 352 6 Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 6. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. PASSED, APPROVED AND ADOPTED this 22nd day of May, 2017. ATTEST: CITY CLERK • Ordinance No. 352 7 STATE OF CALIFORNIA . COUNTY OF LOS ANGELES; CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 352 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 9.58 (SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING OCCURS) OF ARTICLE VII (OFFENSES BY OR AGAINST MINORS) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON PERSONS WHO FACILITATE OR ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY MINORS AT ANY PARTY, GATHERING OR EVENT AT A PRIVATE RESIDENCE; AND AMENDING SECTION 1.08.010 AND ADDING SECTIONS 1.08.030 THROUGH 1.08.090 TO CHAPTER 1.08 (GENERAL PENALTY) TO TITLE 1 (GENERAL PROVISIONS) OF THE ROLLING HILLS MUNICIPAL CODE TO CREATE AN ADMINISTRATIVE CITATION PROCESS FOR CODE VIOLATIONS was approved and adopted at a regular meeting of the City Council on May 22,' 2017 by the following roll call vote: AYES: Councilmembers Dieringer, Wilson and Mayor Black. NOES: Councilmember Mirsch. ABSENT: Councilmember Pieper. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. 4.11thitta) HEIDI LUCE CITY CLERK Ordinance No. 352 8 CITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES I am a citizen of the United States. I am over the age of eighteen years and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. On the 23"d day of May, 2017, I serve the within Ordinance No. 352 Chapter 9.58 Social Host Liability for Parties at which underage drinking occurs. a copy of which is annexed hereto and made a part hereof EMAILED NONE MAILED DELIVERED NONE NONE Posted at City Hall for 30 days. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the 23rd day of May, 2017 at Rolling Hills, California. EWA NIKODEM ADMINISTRATIVE ASSISTANT TO: FROM: THRU: SUBJECT: !ms' Ra&:<‘9qte4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 7-A Mtg. Date: 05/22/17 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL YOLANTA SCHWARTZ, PLANNING DIRECTOR RAYMOND R. CRUZ, CITY MANAGER CONSIDERATION OF ORDINANCE NO. 352 - AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 9.58 (SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING OCCURS) OF ARTICLE VII (OFFENSES BY OR AGAINST MINORS) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON PERSONS WHO FACILITATE OR ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY MINORS AT ANY PARTY, GATHERING OR EVENT AT A PRIVATE RESIDENCE; AND AMENDING SECTION 1.08.010 AND ADDING SECTIONS 1.08.030 THROUGH 1.08.090 TO CHAPTER 1.08 (GENERAL PENALTY) TO TITLE 1 (GENERAL PROVISIONS) OF THE ROLLING HILLS MUNICIPAL CODE TO CREATE AN ADMINISTRATIVE CITATION PROCESS FOR CODE VIOLATIONS DATE: MAY 22, 2017 ATTACHMENTS: Ordinance No. 352 RECOMMENDATION It is recommended that the City Council waive full reading and adopt Ordinance No. 352, creating a new Chapter 9.58 to regulate and impose liability on any person hosting a party at which underage drinking occurs and establishing an administrative citation process for violations of Chapter 9.58. BACKGROUND The City Council introduced Ordinance No. 352 for first reading and took public comment at the May 8 2017 meeting; and by 5-0 vote directed staff to schedule second reading of the ordinance. D DISCUSSION Social Host Ordinances impose liability on adults in private settings that they own, lease or control for providing alcohol and/or allowing underage drinking among children who are not their own. The California State Parent Teacher Association (PTA) had adopted a Social Host resolution in support of enacting civil laws against property owners on whose premises underage drinking occurs in 2009. The Palos Verdes Peninsula Council of PTAs stated at their Special Meeting on January 31, 2017 that it encourages and supports the creation of Social Host Liability legislation by its local governing cities and has gained the support of the Palos Verdes Peninsula Unified School District (PVPUSD). The PTA believes that social host laws, public awareness and enforcement are essential in addressing the problem of underage drinking. .A comprehensive 2009 study in Ventura County found that after implementation of social host ordinances, the size of underage drinking parties appear to have decreased and the ease of obtaining alcohol also decreased. Social host laws in this study are associated with declines in heavy episodic drinking (3%), driving after drinking (4%) and alcohol -related traffic deaths (5-9%). Another study published in 2014 by the Journal of Studies on Alcohol and Drugs (enclosed) examined the relationships between Social Host laws and underage drinking for 50 California cities. The study concluded that local Social Host laws that included strict liability and civil penalties that are imposed administratively may be associated with less frequent underage drinking in private settings, particularly among adolescents who have already initiated alcohol use. After the direction by the City Council at their March 13th meeting, staff developed a Social Host Ordinance. The proposed ordinance would do the following: A. Protect the safety and welfare of residents. B. Impose a civil fine on persons responsible for gatherings where alcohol is made accessible to underage persons, defined as any person under the age of 21. C. The responsible party would also be charged the actual cost of law enforcement beyond the initial response by a Sheriff Deputy and for damage to public property and/or injuries to law enforcement personnel incurred during response. D. Prohibit a responsible person from serving alcoholic beverages to underage person, except under the supervision of a parent or a guardian in connection with cultural or religious activity. E. Define responsible person: Responsible person could be a parent, tenant or any person who organizes, supervises, conducts or controls the gathering whether or not the individual is present at the gathering. If an underage person is responsible for the gathering, then both the minor and the parent or legal guardian of the underage person would be the responsible persons. F. Provide for an administrative citation appeals process. As it pertains to the administrative citation fines for a violation for the proposed Social Host Ordinance, the following fee schedule would be imposed: 1. A fine not exceeding two thousand five hundred dollars ($2,500.00) for the first violation. 2. A fine not exceeding five thousand dollars ($5,000.00) for a second violation of the same provision within one year. 3. A fine not exceeding seven thousand five hundred dollars ($7,500.00) for each additional violation of the same provision within one year of the first violation. In addition to the administrative penalties, the responding law enforcement, fire or emergency response providers may issue an order requiring the gathering to be disbanded and may cite and/or arrest any law violators under any other applicable ordinances and state statutes. Lomita Sheriff Station Captain Dan Beringer has analyzed the ordinance and verified that Sheriff Deputies could enforce the ordinance as proposed. Since all three cities that utilize Sheriff law enforcement services on the Palos Verdes peninsula plan to pass a Social Host Ordinance, the Lomita Sheriff Station plan to develop a ticket book that will have all three of the cities on it with all pertinent information related to each city's Social Host Ordinance enforcement procedures. This will allow the violator know exactly what is needed and when to correct the violation. If the citation is not paid for or appealed within 30 days, the City will consider the violator non -compliant and could now transition the administrative citation to a misdemeanor offense. If that occurred, the case could then be enforced as a code enforcement case with the assistance of the City Attorney. FISCAL IMPACT The cost for a third party hearing officer for appeals to a violation of a Social Host Ordinance will typically costs around $150/hour with cost for an individual case being somewhere between $750-$1,500 unless it is appealed to the Superior Court. Therefore, in most cases, the administrative citation fine will cover the cost for these services. NOTIFICATION Notification of this matter was provided to PVPUSD Board Members Malcolm Sharp and Linda Reid; Palos Verdes Council of PTAs President Beth Meyerhoff; and others that previously addressed the City Council regarding this matter. -3- THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE NO. 352 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 9.58 (SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING OCCURS) OF ARTICLE VII (OFFENSES BY OR AGAINST MINORS) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON PERSONS WHO FACILITATE OR ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY MINORS AT ANY PARTY, GATHERING OR EVENT AT A PRIVATE RESIDENCE; AND AMENDING SECTION 1.08.010 AND ADDING SECTIONS 1.08.030 THROUGH 1.08.090 TO CHAPTER 1.08 (GENERAL PENALTY) TO TITLE 1 (GENERAL PROVISIONS) OF THE ROLLING HILLS MUNICIPAL CODE TO CREATE AN ADMINISTRATIVE CITATION PROCESS FOR CODE VIOLATIONS The City Council of the City of Rolling Hills does hereby ordain as follows: Section 1. A new Chapter 9.58 (Social Host Liability for Parties at which Underage Drinking Occurs) of Article VII (Offenses By Or Against Minors) of Title 9 (Public Peace, Morals, and Welfare) is hereby added to the Rolling Hills Municipal Code to read as follows: Chapter 9.58 Social Host Liability for Parties at which Underage Drinking Occurs Sections 9.58.010 Purpose and Intent 9.58.020 Definitions 9.58.030 Social host liability for parties at which underage drinking occurs 9.58.040 Exceptions 9.58.050 Notice to responsible person 9.58.060 Cost reimbursement to the City 9.58.070. Penalties. 9.58.010. Purpose and intent. The City Council finds and determines that minors sometimes obtain alcoholic beverages at parties held at private premises. The purposes of this chapter are as follows: A. Protect the public health, safety and general welfare; B. Discourage and decrease underage drinking by imposing a civil fine on persons responsible for gatherings where alcohol is consumed by or served to underage persons; and C. Facilitate the enforcement of laws prohibiting the service to and consumption of alcoholic beverages by underage persons. Ordinance No. 352 1 9.58.020. Definitions. For the purposes of this chapter, the following definitions shall apply: A. "Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half ('/2) of one percent (1 %) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. B. "Residence or other private property" shall mean a home, yard or other dwelling unit, or a guesthouse, pool house, barn or other similar accessory structure whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function venue, and whether owned, leased, rented or used with or without compensation. C. "Responsible person" includes the following persons, whether or not present at a gathering in violation of this chapter: 1. A person or persons with a right of possession of the residence or other private property at which a gathering is conducted; 2. Each person who has an ownership interest in the premises. In the event the property is rented, the landlord shall qualify as a Responsible Person where the landlord knew or reasonably should have known of a prior gathering at the same premises; 3. Each person who, although not an owner, nevertheless occupies or has a legal right or legal obligation to exercise possession or control over the premises 4. Any person who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering; or 5. The parent or legal guardian of an underage person, where the underage person is the host of a gathering in violation of this chapter. D. "Underage person" is any person under the age of twenty-one (21). 9.58.030. Social host liability for parties at which underage drinking occurs. It shall be a violation of this chapter, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to conduct or allow in a residence or other private property any party, gathering or event at which an underage person consumes alcoholic beverages, where the responsible party knows or reasonably should know that an underage person has obtained or may consume an alcoholic beverage. Prior knowledge of the gathering is not pre -requisite to a finding that any specific individual is a responsible person as defined by this section. In the event the responsible person is an underage person, then the underage person, and their parents or legal guardian, shall be jointly and severally liable for any penalties incurred pursuant to this chapter. Ordinance No. 352 2 CP 9.58.040. Exceptions This chapter shall not apply to possession or consumption of an alcoholic beverage under the supervision of a parent or guardian in connection with a cultural or religious activity. 9.58.050. Notice to responsible person. When a law enforcement officer makes an initial response to a party, gathering or event at which underage consumption of alcoholic beverages occurs, the officer shall provide a written notice to all identified responsible persons at the time of the initial response. This notice shall include the following information: A. The official has determined that a party, gathering or event at which underage consumption of alcoholic beverages exists; - B. The responsible person(s) will be fined for a violation of this chapter, pursuant to Section 9.58.070; C. If the condition is not abated and an additional response is required of law enforcement or emergency service providers, such as emergency personnel or fire, to abate the nuisance, the responsible persons(s) will be billed for any response costs incurred, pursuant to Section 9.58.060; and D. The responsible person(s) are entitled to request a hearing to appeal the fine and response costs pursuant to the procedures set forth in Section 1.08.090(H) for appealing administrative citations. 9.58.060 Cost reimbursement to the City. A. The person or persons responsible for any party, gathering or event described in Section 9.58.030 or on whose property the gathering is held, or if such person is a minor then the parents or legal guardians of the minor, shall be jointly and severally liable for the following costs attributable to the event: 1. The actual cost to the City of law enforcement services beyond the initial response by a Sheriffs deputy necessary to abate the conditions described in Section 9.58.030; 2. Damage to public property resulting from such law enforcement response; and 3. Injuries to law enforcement personnel incurred in such law enforcement response. B. The Sheriffs Department shall accurately compute the cost of providing such services in accordance with the schedule of rates and charges for personnel and equipment contained in the law enforcement services agreement with the City and advise the City Manager of such costs, as well as any other costs of damage to public property or injuries to personnel resulting from the law enforcement response. The person responsible for the Ordinance No. 352 3 event as above described shall be billed for these costs by the City Manager upon notice of the charges from the Sheriff and payment shall be due and payable within fifteen days (15) of the billing date. Should the amount due not be paid, the City may collect the debt, as well as any costs incurred in collecting the debt due to nonpayment, pursuant to any available provision of law. 9.58.070. Penalties. A. The city council shall establish a schedule of administrative fines for any violation of this chapter. B. In addition to the administrative fines described in this chapter, the responding law enforcement officer, may issue an order requiring the gathering to be disbanded and may cite and/or arrest any law violators under any other applicable ordinances and state statutes. Section 2. The following Sections are hereby added to Chapter 1.08 (General Penalty) of Title 1 (General Provisions) of the Rolling Hills Municipal Code to read as follows: 1.08.030 Violation — Subject to administrative citation when. Any person violating any provision or failing to comply with any of the mandatory requirements of Chapter 9.58, shall be subject to the administrative penalty provisions of this Chapter. 1.08.040 Administrative Penalty. An administrative penalty shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable directly to the City. Penalties shall be set forth in a penalty schedule established by resolution of the City Council. A portion of each penalty shall constitute reimbursement for the City's administrative expenses in issuing and processing the citation. Penalties shall be collected in accordance with the procedures specified in this chapter. Payment of a penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement by the City. In the case of violations of the building, plumbing, mechanical or electrical codes, an administrative citation shall not be issued until after the responsible party has been provided a notice and a reasonable opportunity to correct the violation, and has failed to do so. 1.08.050 Service procedures for issuing administrative citations. An administrative citation may be issued to a responsible party by an enforcement officer for violation of those sections set forth in Section 1.08.030 as follows: A. By Personal Service. The person on whom the citation is served is required to confirm receipt by signing a copy of the citation, but his or her failure to do so shall have no effect on the citation's validity or enforceability; or B. By Regular First -Class Mail. Service shall be deemed effective when the citation is deposited in the United States mail; or Ordinance No. 352 4 C. By Posting on Property. If the enforcement officer is unable to serve the citation under subsections (A) or (B) above, by posting a copy of the citation on any real property within the City in which the City has knowledge that the responsible party has a legal interest. Service under this subsection shall be deemed effective on the date when the notice is posted; or D. By Publication. If the enforcement officer cannot serve the citation by any of the above methods, the enforcement officer may publish the citation in a newspaper likely to give actual notice to the party subject to the citation. The publication shall be once a week for four successive weeks in a newspaper published at least once a week. 1.08.060 Contents of administrative citation. Administrative citations shall contain all of the following information: A. The date and the location of the violation and the approximate time the violation occurred; B. The code section violated and a description of how the section was violated; C. The action required to correct the violation; D. The consequences of failing to correct the violation; E. The amount of penalty imposed for the violation; F. The procedure to contest the citation; G. The signature of the enforcement officer and the signature of the responsible party, if that person can be located and will sign the citation, as set forth in Section 1.08.050. 1.08.070 Satisfaction of administrative citation. Upon receipt of a citation, the responsible party must do one of the following: A. Pay the Penalty. Pay the Penalty. Pay the fine to the City within thirty (30) days from the date of the citation. All fines assessed shall be payable to the City. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the City. Payment of the penalty waives the responsible party's right to the administrative hearing and appeal process pursuant to Section 1.08.090; or B. Remedy the Violation. If the violation is a first-time correctable offense, is deemed by the enforcement officer not to create an immediate threat to health and safety, and the responsible party remedies it within the time indicated on the citation; or C. Request an Administrative Hearing. If the responsible party chooses to contest the citation, the party shall do so no later than thirty (30) days after service of the citation. The request shall be submitted in writing as directed on the citation and shall include a statement of reasons why the citation is being contested. The request shall be accompanied by a deposit in the full amount of the penalty or written proof of Ordinance No. 352 5 Q financial hardship, which at a minimum must include tax returns, financial statements, bank account records, salary records, or similar documentation demonstrating that the responsible party is unable to deposit the penalty. A hearing will not be scheduled until a full amount of the penalty is deposited, or the City finds the responsible party financially unable to do so and waives the deposit requirement. In the event the responsible party fails or refuses to select and satisfy any of the alternatives set forth in subsection (A), (B) or (C) above, then the penalty shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent penalty shall not preclude issuance of additional citations to the responsible party should the violations persist. 1.08.080 Issuing permits or licenses. If an enforcement officer issues an Administrative Citation because the responsible person lacks a required permit or license required by this code and the fine is delinquent, the City shall not issue the permit or license until the delinquent fine, and any applicable penalties and interest, are paid. Similarly, no permit or license shall be renewed until any and all outstanding administrative citations have been paid in full, regardless of the violation that triggered the administrative citation. 1.08.090 Administrative hearings and appeal process. A. Prehearing Dismissal of Citation. The City Manager may dismiss an administrative citation at any time in the interest of justice or if the citation is determined to have been issued in error, in which event any deposit made shall be refunded. Alternatively, the City Manager and the individual may voluntarily enter into a compliance agreement whereby the individual agrees to adhere to the requirements for compliance specified in the agreement and the City agrees to dismiss the citation upon satisfactory correction. B. Time for Administrative Hearing. The administrative hearing shall be scheduled no later than ninety (90) days after receipt of the request for a hearing to contest the citation. The responsible party will be notified in writing at least ten (10) days prior to the date of the hearing by first class mail of the date and time of the hearing. C. Appointment of Administrative Hearing Officer. The hearing shall be conducted by an administrative hearing officer appointed by the City Manager to perform such hearings. D. Request for Continuance of Hearing. The responsible party may request one continuance of the hearing, but in no event may the hearing begin later than ninety (90) days after receipt of the request for hearing from the responsible party. E. Failure to Attend Administrative Hearing. The individual to whom an administrative citation is issued, or that person's representative, may attend the hearing in person, or in lieu of attending may submit an Appearance by Written Declaration on a form provided by the City for that purpose. 1. If the cited individual or his or her representative fails to attend the scheduled hearing, or fails to submit an Appearance by Written Declaration on the form provided by the City Ordinance No. 352 6 �(� for that purpose, he or she shall be deemed to have waived his or her right to an administrative hearing. Under these circumstances, the administrative hearing officer shall dismiss the challenge to the administrative citation, and shall issue a written notice to that effect. An individual whose challenge to an administrative citation is dismissed under this section shall be deemed not to have availed himself or herself of the right to an administrative hearing as provided in this chapter. 2. An individual who has been issued an administrative citation and who has requested an administrative hearing to challenge the citation as provided in this chapter may request in writing that his or her challenge to the citation be dismissed and the hearing cancelled. Upon receipt of such request, the administrative hearing officer shall dismiss the challenge to the administrative citation, cancel the pending hearing, and issue a written notice to that effect. Any individual who requests the dismissal of a challenge to an administrative citation under this section shall be deemed never to have availed himself or herself of the right to an administrative hearing as provided in this chapter. F. Procedures at Administrative Hearing. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The City bears the burden of proof at an administrative hearing to establish a violation. The citation is prima facie evidence of the violation and the enforcement officer who issued the citation is not required to participate in the hearing. The administrative hearing officer shall use preponderance of the evidence as the standard of evidence in deciding the issues. Evidence shall be submitted under penalty of perjury. G. Decision of an Administrative Hearing Officer. At the conclusion of the hearing or within fifteen 15 days thereafter, the administrative hearing officer shall render a decision as follows: 1. Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the penalty schedule, and if the violation has not been corrected as of the date of the hearing, order correction of the violation; or 2. Determine that the violation for which the citation was issued occurred, but that the responsible party has introduced credible evidence of mitigating circumstances warranting imposition of a lesser penalty than that prescribed in the penalty schedule, or no penalty at all, and imposing such lesser fine, if any; and if the violation has not been corrected as of the date of the hearing, ordering that the violation be corrected; or 3. Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of the code. The administrative hearing officer shall issue a written decision entitled "Administrative Order" no later than fifteen (15) days after the date on which the administrative hearing concludes. The Administrative Order shall be served upon the responsible party by first class mail, or if that method fails, by any of the other methods set forth in Section 1.08.050. The Administrative Order shall become final on the date of mailing or other service, and shall notify the responsible party of his or her right to appeal as provided in subsection (H) of this section. The Administrative Order shall also: (i) either set a deadline for compliance Ordinance No. 352 7 with its terms, in the event that the responsible person fails to file an appeal, in no event less than twenty (20) days from the date of mailing or other service; or (ii) if the hearing officer determines as described in subsection (G)(2) or (G)(3) immediately above, and the responsible party has deposited the penalty with the City, order a partial or full refund of the deposit. If the violation is a continuing violation of the City's building, plumbing, mechanical, electrical or zoning code, the Administrative Order shall provide that the responsible person has not more than thirty (30) days from mailing or other service of the Administrative Order to correct the violation. H. Appeal the Administrative Order. If an administrative order is rendered in favor of the City, the responsible person may seek judicial review of the administrative order in the Los Angeles County Superior Court, by filing an appeal of the administrative order pursuant to, and paying the fee required by, Government Code § 53069.4 within twenty (20) days after service of the administrative order. Pursuant to Government Code § 53069.4, the appealing party must serve a copy of the notice of appeal in person or by first-class mail upon the City Clerk. If no notice of appeal is filed within the twenty (20) Day period, the administrative hearing officer's decision is final. I. Failure to Comply with Administrative Order. In the absence of a timely appeal to the Superior Court, failure to comply with a final administrative order directing the abatement of a continuing violation by the date specified in the order shall be a misdemeanor for each day thereafter, or any portion thereof, that the violation is maintained or permitted. In the event of a timely appeal to the Superior Court pursuant to subsection (H) of this section, and provided the City prevails thereon each day, or any portion thereof, that a continuing violation is maintained or permitted after a court -ordered abatement date shall be a misdemeanor. Filing a misdemeanor action does not preclude the City from pursuing any other remedies to gain compliance provided in this Code or under state law. For purposes of this subsection (I), a "continuing violation" shall mean a single, ongoing condition or activity in Violation of the Municipal Code. Section 3. Section 1.08.010 (Violation — Misdemeanor when) of Chapter 1.08 (General Penalty) of Title 1 (General Provisions) of the Rolling Hills Municipal Code is hereby amended to read as follows: 1.08.010 - Violation —Misdemeanor when. A. Any person violating any provision or failing to comply with any of the mandatory requirements of the ordinances of the City shall be charged with a misdemeanor, unless the violation is made an infraction by ordinance. B. Any person who violates the same provision, or fails to comply with the same requirement, of the sections of this code set forth in Section 1.08.030 more than three times within a twelve month period shall be charged with a misdemeanor for each violation committed thereafter within that same twelve month period. Any person who violates or fails to comply with the sections of this code set forth in Section 1.08.030 and who possesses no photo identification or refuses to identify him or herself to an enforcement officer, making it impossible to issue an administrative citation, shall be charged with a misdemeanor. Ordinance No. 352 8 Section 4. Effective Date. This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 6. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. PASSED, APPROVED AND ADOPTED this day of , 2017. JAMES BLACK MAYOR ATTEST: HEIDI LUCE CITY CLERK Ordinance No. 352 9 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 352 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 9.58 (SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING OCCURS) OF ARTICLE VII (OFFENSES BY OR AGAINST MINORS) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON PERSONS WHO FACILITATE OR ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY MINORS AT ANY PARTY, GATHERING OR EVENT AT A PRIVATE RESIDENCE; AND AMENDING SECTION 1.08.010 AND ADDING SECTIONS 1.08.030 THROUGH 1.08.090 TO CHAPTER 1.08 (GENERAL PENALTY) TO TITLE 1 (GENERAL PROVISIONS) OF THE ROLLING HILLS MUNICIPAL CODE TO CREATE AN ADMINISTRATIVE CITATION PROCESS FOR CODE VIOLATIONS was approved and adopted at a regular meeting of the City Council on , 2017 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE CITY CLERK Ordinance No. 352 10 RE : EV Subject: Social Host information Date: Wednesday, March 15, 2017 10:23 AM From: Rod Uyeda <relaxinrod@gmail.com> To: <mayor_citycouncil@cityofrh.net>, "Raymond R. Cruz" <rcruz@cityofrh.net> MAR 15 2017 City of Rolling Hills By Good morning. I apologize for not being able to be at your recent Council meeting, but I understand a number of questions came up that perhaps no one had answers to. Perhaps I can be of some assistance as you move forward... My name is Rod Uyeda. I am the former Chief of Police of the Manhattan Beach Police Department. I retired in 2011. I also brought forth the first Social Host Ordinance in LA County for Manhattan Beach. Regarding appeals. You can set your own procedure for appeals. You do not have to hire anyone special. It could be someone already on your staff, such as the City Manager, his assistant or even someone on one of your commissions. It just needs to be someone who probably is well educated, fair, impartial and reasonable. It could also be a volunteer. You can set your own rules as long as they are reasonable. Being a lawyer would probably help since they are well versed in a "reasonable" standard. This ordinance has already been tested in court. It is prevalent in both San Diego and Ventura Counties. Orange County, like LA County, are starting to see more and more cities enact this ordinance to curb underage drinking. If someone refuses to pay, the fine can be turned over to a collection agency. The work is minimal, since most of it has already been done and any costs can be covered by fines down the road. The City of Manhattan Beach averages around 4-6 cites per year. Hermosa Beach I believe has had around two. But what is clear is that the number of these parties have decreased so that cites are rare. It is so important to send a message to families that need that extra pressure to be a parent or responsible adult instead of trying to be their child's friend or one of the "cool" parents. I hope this information helps! Thank you so much for showing strong leadership and moving forward with this ordinance! Rod Uyeda CITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA SS COUNTY OF LOS ANGELES I am a citizen of the United States. . I am over the age of eighteen years and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. On the 10`h day of March, 2017, I serve the within City Council - Notice of Public Hearing (Proposed Ordinances 351-U and 351) a copy of which is annexed hereto and made a part hereof, on the person, or persons, named below by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Rolling Hills, California addressed as follows: PUBLISHED MAILED DELIVERED PVP News on NONE . NONE 03/16/17 Also posted at City Hall and on www.Rolling-Hills.org Pending Ordinances. I declare under penalty of perjury, that the foregoing is true and correct. Executed on the 10`h day of March, 2017 at Rolling Hills, California. '*_14„ EWA NIKODEM ADMINISTRATIVE ASSISTANT Raato ge& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 NOTICE OF A PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS NOTICE IS HEREBY GIVEN, that the City Council of the City of Rolling Hills will hold a Public Hearing at 7:00 PM on Monday, March 27, 2017 in the Council Chamber at City Hall at 2 Portuguese Bend Road, Rolling Hills, CA for the purpose of receiving public input regarding the following: ORDINANCE NO. 351-U: AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 32, THE 2017 LOS ANGELES COUNTY FIRE CODE AND AMENDING TITLE 15, BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF. AND ORDINANCE NO. 351. A NON -URGENCY ORDINANCE ADOPTING THE SAME PROVISIONS IN THE URGENCY ORDINANCE DESCRIBED ABOVE. THE PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3). State law requires that localities adopt the 2017 California Building Standards Code, including the Fire Code and modifications thereto, if any. The Los Angeles County adopted those regulations with certain amendments and modifications. Historically, the City of Rolling Hills adopts the Los Angeles County Codes by reference with minor modifications specific to the City. It is essential that the City have in effect Fire Code that comport with state law and contain those modifications necessitated by unique topographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the Fire Code unique to the City's special circumstances will not be in place and this will have a detrimental effect on the public, health, safety and welfare. Any person is welcome to review the proposed ordinance prior to the public hearing at the City Hall Administration Building located at 2 Portuguese Bend Road, Rolling Hills, CA during regular business hours. If you challenge the approval or denial of the proposed ordinance in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Published in the Palos Verdes Peninsula News on March 16, 2017. The mission of MS Is to transform lives by offering hope and opportunities for recovery, American Recovery Center 909-865.2336 BHS Torrance 310-328-1460 Boyle Heights Recovery Service Center 323-262-1786 Community Assessment Services Center 310.973.2272(CASC) Flossie Lewis Center 562.435.7350 Hollywood Recovery Center 323.461-3161 Joint Efforts 310- 831-2358 Lincoln Heights Recovery Center 323.221.1746 Pacifica House 323-754.2816 Patterns 310.675-4431 Redgate Memorial Recovery Center 562-599.8444 - South Bay Recovery Center 310.679-9031 Wilmington Recovery Center 310-549-2710 All the above programs of Behavioral Health Services, Inc. have been accredited by ccirf '•�yyt �' S111Q BHSTORRANCE 1334 Post Ave. Torrance, CA 90501 310-328-1460 Fax 310-328-1964 www.bhs-inc.org March 13, 2017 ECEIVED MAR 13 201T City of Rolling Hills By Rolling Hills City Council No.2 Portuguese Bend Road, Rolling Hills, CA 90274 Re: New Business Agenda Item: B. Social Host Liability Ordinance Dear Mayor and Members of the Rolling Hills City Council: This letter pertains to your consideration of a Social Host Liability Ordinance in the City of Rolling Hills. Behavioral Health Services (BHS) is a non-profit organization under contract with the Los Angeles County Department of Public Health Substance Abuse Prevention and Control to implement alcohol and drug use prevention pl'ogr'alnsyto educate parents and protect youth. For the past few years, BHS has educated residents and met with local elected officials in Manhattan Beach, Redondo Beach and Hermosa Beach regarding the benefits of social host. ordinances. As a direct result of these education efforts, the Hermosa Beach City Council passed a Social Host Ordinance in June, 2016. We now urge this city council to join with your neighboring cities of Rancho Palos Verdes, Palos Verdes Estates as well as Hermosa Beach, Manhattan Beach, Long Beach and Carson in enacting a social host liability ordinance. Civil liability ordinances can be a more effective law enforcement tool than existing criminal penalties to change youth drinking behaviors. The goal is not to punish parents or youth, but to prevent the harmful consequences related to underage alcohol and drug use. Such ordinances can be a powerful deterrent which also empowers parents and teens with a route to escape the pressures associated with today's drinking patties. We have attended recent Palos Verdes Peninsula City Council meetings in support of the efforts of the Palos Verdes Peninsula Council of PTA's and the school district to enact these ordinances to lower the high rate of underage drinking by reducing access to alcohol. You may contact ale for more information at (310) 328-1460. High Gain Raunda Frank, BHS Prevention Coordinator 310644-3659 BHS Prevention Coordinator c,or Subject: FW: Social Host Ordinance for Rolling Hills Date: Monday, March 13, 2017 10:32 AM From: hluce@cityofrh.net <hluce@cityofrh.net> To: "hluce@cityofrh.net" <hluce@cityofrh.net> From: "ehb8@cox.net" <ehb8@cox.net> Date: Thursday, March 9, 2017 at 8:08 PM To: Kristen Raig <kraig@rhca.net>, Raymond Cruz <rcruz@cityofrh.net> Cc: Jessica Feldman <jessyfeldm@gmail.com>, Doctor Kay <nouritk@verizon.net> Subject: RE: Social Host Ordinance for Rolling Hills Dear Kristen and Raymond, EC'yE MAR 13 2017 City of Rolling Hills By A close friend has brought this to our attention and we would like to show our support for the City of Rolling Hills in establishing a similar ordinance. Although Rolling Hills does not have the same demographics as the beach cities, underage drinking by teens in their homes at parties can be a problem in any community and parents need to be responsible in preventing this. Thank -you kindly for your attention to this matter. Elliott Brunner & Nourit Korzennik 26 Cinchring Rd P.S. Attached is some background information on this. Got this...looks like its going to be discussed at RH on Monday, and emails will help! "The topic with brought forth to the entire city councils in each of the four cities on the hill. The Group is comprised of PTA members, school board members, high school principals, Behavioral Health Services, and the former police chief in Manhattan Beach where it started in LA County. Each of the councils have already said that they will agendize the topic and hear arguments for and against. So far, there hasn't been a single person against it. The ordinance has already passed in RPV and the next city will be PVE that will hear particulars of the ordinance at their next meeting. RH will decide at their meeting on Monday whether to proceed with the ordinance itself and the group advocating it will be present at that meeting to speak on it. Since city Council realize that not everyone will actually come to the meetings, they do appreciate emails to them supporting their decisions. Especially from residents. RHE Will have the item on their agenda in late March or early April. The cities of Manhattan Beach, Hermosa beach, Carson, and Long Beach, are the other cities in the area that have the ordinance. All the cities of San Diego and Ventura county have the Ordinance" Dear friends who live behind the gates, I usually don't do much political action, and I'm usually not a proponent of 'nanny state' legislation and control. I recently learned about an ordinance making the rounds through the hill cities that is making an exception in my rule. This one struck a nerve for me, because my 21 year old son has already lost two friends to alcohol related deaths, and I am interested in changes that would help prevent future disasters, if not in his life, then in any others. A "social host ordinance" aimed at parents who provide alcohol to underage children (not their own) has been approved by Palos Verdes school district, RPV, and PVE. I did not see that Rolling Hills was included. I am asking any and all my friends in RH to ask the city council to include and approve the ordinance. If one life is saved, either at a party, or later in life, it would be worth it Malcolm S. Sharp Member, Board of Education Palos Verdes Peninsula Unified School District Malaga Cove Administration Center 375 ViaAlmar Palos Verdes Estates, CA 90274-1277 Email: SharpM@pvpusd.net www.pvpusd.net 1 I was at the RPV city council meeting when this issue was brought up and approved. Hearing Mitzi Cress (peninsula high principal) and school board member Suzanne Seymour share their stories affected me me deeply. The entire city council was also concerned about our kids and how social media has become a game changer in the huge increase of these types of parties. 1 Please read the linked article from the Daily breeze. If you have any questions, I can get answers. Thanks for your eyeballs.... And please contact your city government.... We are a village here! Jessica Feldman http://www.da ilybreeze.com/social-affairs/20170222/rancho-palos-verdes-targets-parents- who-give-alcohol-to-underage-drinkers End of Forwarded Message The mission of BHS Is to transform lives by offering hope and opportunities for recovery, American Recovery Center 909.865.2336 BHS Torrance 310-328-1460 Boyle Heights Recovery Service Center 323.262-1786 Community Assessment Services Center 310-973-2272 (CASC) Flossie Lewis Center 562-435.7350 Hollywood Recovery Center 323.461-3161 Joint Efforts 310- 831-2358 Lincoln Heights Recovery Center 323.221-1746 Pacifica House 323-754.2816 Patterns 310.675.4431 Redgate Memorial Recovery Center 562-599.8444 South Bay Recovery Center 310.679.9031 Wilmington Recovery Center 310-549-2710 All the above programs of Behavioral Health Services, Inc. have been accredited by c art � r High Gain 310 644-3659 I3HS TORRANCE 1334 Post Ave. Torrance, CA 90501 310-328-1460 Fax 310-328-1964 www.bhs-inc.org March 13, 2017 RECEIVED MAR 13 2017 City of Rolling Hills By Rolling Hills City Council No.2 Portuguese Bend Road, Rolling Hills, CA 90274 Re: New Business Ai.enda Item: B. Social Host Liability Ordinance Dear Mayor and Members of the Rolling Hills City Council: This letter pertains to your consideration of a Social Host Liability Ordinance in the City of Rolling Hills. Behavioral Health Services (BHS) is a non-profit organization under contract with the Los Angeles County Department of Public Health Substance Abuse Prevention and Control to implement alcohol and drug use prevention programs,to educate parents and protect youth. For the past few years, BHS has educated residents and met with local elected officials in Manhattan Beach, Redondo Beach and Hermosa Beach regarding the benefits of social host ordinances. As a direct result of these education efforts, the Hermosa Beach City Council passed a Social Host Ordinance in June, 2016. We now urge this city council to join with your neighboring cities of Rancho Palos Verdes, Palos Verdes Estates as well as Hermosa Beach, Manhattan Beach, Long Beach and Carson in enacting a social host liability ordinance. Civil liability, ordinances can be a more effective law enforcement tool than existing criminal penalties to change youth drinking behaviors. The goal is not to punish parents or youth, but to prevent the harmful consequences related to underage alcohol and drug use. Such ordinances can be a powerful deterrent which also empowers parents and teens with a route to escape the pressures associated with today's drinking parties. We have attended recent Palos Verdes Peninsula City Council meetings in support of the efforts of the Palos Verdes Peninsula Council of PTA's and the school district to enact these ordinances to lower the high rate of underage drinking by reducing access to alcohol. You may contact me for more information at (310) 328-1460. Sin? Raunda Frank, BHS Prevention Coordinator BHS Prevention Coordinator w Subject: FW: Social Host Ordinance for Rolling Hills Date: Monday, March 13, 2017 10:32 AM From: hluce@cityofrh.net <hluce@cityofrh.net> To: "hluce@cityofrh.net" <hluce@cityofrh.net> From: "ehb8@cox.net" <ehb8@cox.net> Date: Thursday, March 9, 2017 at 8:08 PM To: Kristen Raig <kraig@rhca.net>, Raymond Cruz <rcruz@cityofrh.net> Cc: Jessica Feldman <jessyfeldm@gmail.com>, Doctor Kay <nouritk@verizon.net> Subject: RE: Social Host Ordinance for Rolling Hills Dear Kristen and Raymond, RECEIVED MAR 13 2017 City of Rolling Hilts By A close friend has brought this to our attention and we would like to show our support for the City of Rolling Hills in establishing a similar ordinance. Although Rolling Hills does not have the same demographics as the beach cities, underage drinking by teens in their homes at parties can be a problem in any community and parents need to be responsible in preventing this. Thank -you kindly for your attention to this matter. Elliott Brunner & Nourit Korzennik 26 Cinchring Rd P.S. Attached is some background information on this. Got this...looks like its going to be discussed at RH on Monday, and emails will help! "The topic with brought forth to the entire city councils in each of the four cities on the hill. The Group is comprised of PTA members, school board members, high school principals, Behavioral Health Services, and the former police chief in Manhattan Beach where it started in LA County. Each of the councils have already said that they will agendize the topic and hear arguments for and against. So far, there hasn't been a single person against it. The ordinance has already passed in RPV and the next city will be PVE that will hear particulars of the ordinance at their next meeting. RH will decide at their meeting on Monday whether to proceed with the ordinance itself and the group advocating it will be present at that meeting to speak on it. Since city Council realize that not everyone will actually come to the meetings, they do appreciate emails to them supporting their decisions. Especially from residents. RHE Will have the item on their agenda in late March or early April. The cities of Manhattan Beach, Hermosa beach, Carson, and Long Beach, are the other cities in the area that have the ordinance. All the cities of San Diego and Ventura county have the Ordinance" Dear friends who live behind the gates, I usually don't do much political action, and I'm usually not a proponent of 'nanny state' legislation and control. I recently learned about an ordinance making the rounds through the hill cities that is making an exception in my rule. This one struck a nerve for me, because my 21 year old son has already lost two friends to alcohol related deaths, and I am interested in changes that would help prevent future disasters, if not in his life, then in any others. A "social host ordinance" aimed at parents who provide alcohol to underage children (not their own) has been approved by Palos Verdes school district, RPV, and PVE. I did not see that Rolling Hills was included. I am asking any and all my friends in RH to ask the city council to include and approve the ordinance. If one life is saved, either at a party, or later in life, it would be worth it I was at the RPV city council meeting when this issue was brought up and approved. Hearing Mitzi Cress (peninsula high principal) and school board member Suzanne Seymour share their stories affected me me deeply. The entire city council was also concerned about our kids and how social media has become a game changer in the huge increase of these types of parties. Please read the linked article from the Daily breeze. If you have any questions, I can get answers. Thanks for your eyeballs.... And please contact your city government.... We are a village here! Jessica Feldman http://www.da i lybreeze.com/social-affairs/20170222/rancho-pa los-verd es -targets -pare nts- who-give-alcohol-to-underage-drinkers End of Forwarded Message 8e0 qee4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 8-B Mtg. Date: 03/13/17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM RAYMOND R. CRUZ, CITY MANAGER 1211<-' SUBJECT: DISCUSSION AND POSSIBLE DIRECTION REGARDING ENACTING A SOCIAL HOST ORDINANCE. DATE: MARCH 13, 2017 ATTACHMENTS: - California State PTA Social Host Resolution - Palos Verdes Peninsula Council of PTAs Social Host Talking Points -Email from Rod Uyeda -Proposed Rancho Palos Verdes Social Host Ordinance BACKGROUND At the February 27th City Council meeting, PVPUSD School Board Member Linda Reid spoke under Public Comments urging the City Council to adopt a Social Host Ordinance. She and the Palos Verdes Peninsula Council of PTAs are encouraging all cities on the Peninsula to pass this type of ordinance to curb underage drinking at parties at private homes. The City of Rancho Palos Verdes is presently considering a Social Host Ordinance and the South Bay cities of Hermosa Beach and Manhattan Beach in recent years passed similar ordinances. The City Council asked staff to put the item on a future agenda to discuss if it wants to consider a similar ordinance in Rolling Hills and to provide the City Council a copy of the proposed Rancho Palos Verdes ordinance to assist with the discussion. DISCUSSION These "social host" laws impose liability on adults in private settings that they own, lease or control for providing alcohol and/or allowing underage drinking among children who are not their own. The California State Parent Teacher Association (PTA) had adopted a Social Host resolution in support of enacting civil laws against property owners on whose premises underage drinking occurs in 2009. The Palos Verdes Peninsula Council of PTAs stated at the Special Meeting of the City Council on January 31, 2017 that it encourages and supports the creation of Social Host Liability legislation by its local governing cities and has gained the support of the Palos Verdes Peninsula Unified School District (PVPUSD). The PTA believes that social host laws, public awareness and enforcement are essential in addressing the problem of underage drinking and the social hosting. Enclosed is the resolution adopted by the CA State PTA and cites statistics from the Surgeon General and provides background to how detrimental underage drinking can be, while another attachment provides talking points produced by the Palos Verdes Peninsula Council of PTAs. As of November 2016, 32 states have social host laws. Locally, Manhattan Beach passed a social host ordinance in 2007 and Hermosa Beach passed one with fines exceeding those of Manhattan Beach in 2015. In addition, over 150 cities and counties have adopted social host laws. A comprehensive 2009 study in Ventura County found that after implementation of social host ordinances, the size of underage drinking parties appear to have decreased while the ease of obtaining alcohol had decreased. Social host laws are associated with declines in heavy episodic drinking (3%), driving after drinking (4%) and alcohol -related traffic deaths (5-9%). As the City Council considers establishing a social host ordinance, these ordinances usually include utilizing an "administrative citation process" the City of Rolling Hills presently does not have. This process allows the issuance of significant fines via administrative citations with an appeals procedure. The City of Hermosa Beach utilizes a third party contractor for appeals, while the City of Rancho Palos Verdes proposes to use its existing system that utilizes in-house staff for appeals. Therefore, the passage of a Social Host Ordinance in Rolling Hills will also require the adoption of an Administrative Citation Penalty Ordinance and most likely have new costs in order to administer it correctly. The fine for violation of the RPV Social Host Ordinance is $2,500 for the first offense, $5,000 for the second and $7,500 for the third and subsequent offenses. In addition to the administrative penalties, the responding law enforcement, fire or emergency response providers may issue an order requiring the gathering to be disbanded and may cite and/or arrest any law violators under any other applicable ordinances and state statutes. NOTIFICATION PVPUSD Board Member Linda Reid, Rod Uyeda and Captain Dan Beringer. RC:hl 348 SOCIAL HOST ACCOUNTABILITY AND UNDERAGE DRINKING Adopted by Convention Delegates May 2009 WHEREAS, The minimum legal drinking age is 21 years as established by the Federal Uniform Drinking Age Act of 1984, and yet alcohol is the most abused substance for minors ages 12 to 20; and WHEREAS, Underage drinking is directly involved in the deaths of approximately 5,000 youth under the age of 21 every year nationwide, is linked to two-thirds of all sexual assaults including date rape, contributes to a 10 times higher incidence of physical assault and a 12 times higher incidence of unintentional injury; and WHEREAS, The 2007 Surgeon General's Call to Action reports alcohol use may alter adolescents' development and put them at higher risk for long-lasting, detrimental effects on the developing brain; and WHEREAS, Research identifies adults or "social hosts" as the primary source and private homes the primary site of alcohol availability, drinking games, and binge drinking for our youth; and WHEREAS, In California there is no state law addressing social hosting, and there is only a small number of cities and counties in which social host laws have been enacted; and WHEREAS, Where they exist, social host laws may act as a deterrent through the assessment of fines, community service, and/or jail time for those who practice social hosting and provide law enforcement with the ability to intervene at parties where underage drinking occurs most: in homes and on private property; now therefore be it RESOLVED, That the California State PTA, its units, councils, and districts provide factual information to students, parents, and community members regarding the detrimental effects and significant dangers of underage drinking and social hosting, defined as adults who furnish alcohol to minors under the age of 21 who are not their own, and/or knowingly allow underage drinking parties in private settings; and be it further RESOLVED, That the California State PTA, its units, councils, and districts encourage and support legislation to adopt social host laws that would prohibit adults from providing alcohol or allowing the consumption of alcohol in homes and on noncommercial property by youth under the age of 21 who are not their children; and be it further RESOLVED, That the California State PTA, its units, councils, and districts support law enforcement in upholding the minimum legal drinking age of 21, including but not limited to social host laws and ordinances; and be it further California State. PTA, 2327 L Street, Sacramento, CA 95816 • 916.440.1985 349 Social Host Accountability and Underage Drinking - continued RESOLVED, That the California State PTA forward this resolution to the National PTA for consideration by the delegates at the National PTA Convention. ### BACKGROUND SUMMARY The minimum legal drinking age in all 50 states is 21, yet alcohol is involved in the deaths of more teens than all other illicit drugs combined, by a 4 -to -1 ratio. Youth who begin drinking before the age of 15 are four times more likely to become dependent on alcohol than those who wait until age 21. Research has shown that, on average, youth and adolescents first use alcohol at 13.1 years of age. The 2007 Surgeon General's Call to Action states that alcohol is the most widely used substance of abuse among America's youth, ages 12 to 20. Social hosting, a disturbing practice in society today, is defined as adults in private settings providing alcohol and/or allowing underage drinking among children who are not their own. While some believe that consumption of alcohol before the age of 21 is an inevitable "rite of passage," research demonstrates this behavior is detrimental to our youth. The consequences of underage drinking include a wide range of medical problems. Research has shown that the brain changes dramatically during adolescence, and consumption of alcohol during this stage of life can seriously inhibit its normal growth and development. In addition, underage drinking contributes significantly to participation in risky sexual behaviors and the incidence of physical and sexual assaults, suicide attempts, drowning, alcohol poisoning, and traffic accidents. An encouraging note in the Surgeon General's Call to Action is that underage alcohol use is not inevitable, and we are not powerless to stop it. The Surgeon General points out that an adolescent's decision to use alcohol is influenced by many factors, including normal maturational changes as well as various social and cultural environments that surround adolescents: their families, schools, peers, and communities. Therefore, it is the collective responsibility of all these groups to assist in the prevention and reduction of underage drinking. Found on the MADD website, Reducing Underage Drinking: A Collective Responsibility documents the wide-ranging and devastating consequences of youth consumption of alcohol, and urges states and localities to enact a comprehensive set of strategies to reduce underage alcohol consumption, including strengthening social host liability laws affecting persons under the age of 21. Legislators across the country are responding to the harms associated with underage drinking by enacting a range of new laws targeting property owners on whose premises underage drinking occurs. As of January 2007, 24 states have enacted social host statutes. The state of California has no social host law; however, 40 of its cities and counties have passed social host ordinances, including the social host liability ordinances passed in every Ventura County jurisdiction. The first national study of civil social host law found that social host liability laws reduce binge drinking, and drinking and driving. These ordinances do not prohibit family activities within the home involving the use of alcohol by immediate family members or religious practices that include the use of alcohol. California State PTA, 2327 L Street, acramento, CA 95816 • 916.440.1985 350 Social Host Accountability and Underage Drinking - continued According to the Surgeon General, addressing the public health problem of underage alcohol use begins with an examination of our own attitudes toward underage drinking and our recognition of the seriousness of its consequences for adolescents and their families, as well as for society as a whole. Underage alcohol use is not a benign, acceptable rite of passage, but is a serious health and safety threat to adolescent development that cannot be ignored. Education, communication, and legislation are essential in comprehensively addressing the problem of underage drinking and the practice of social hosting. By providing up-to-date and research -based infonnation, facilitating open and honest communication, and supporting strong social host legislation, we will convey the fact that underage drinking is unacceptable and fulfill our commitment to advocate for all children. We owe them nothing less. California State. PTA, 2327 L Street, S ramento, CA 95816 . 916.440.1985 g THIS PAGE INTENTIONALLY LEFT BLANK Social Host Frequently Asked Questions What is a social host ordinance? • A social host ordinance is a city -specific law that imposes liability on adults in private settings that they own, lease or control for providing alcohol and/or allowing underage drinking among children who are not their own. Is underage drinking a problem in our Palos Verdes community? • The rate of underage drinking in our communities is high. o PV Healthy Kids Survey 2015-16, 26% of nth graders report current alcohol or drug use (past 30 days) • Social settings are the primary source of alcohol for underage youth in Palos Verdes o Healthy Kids Survey, PV 2015-16: 60% of 11th graders obtain alcohol at parties or events outside of school; 20% obtain alcohol from adults at friends' homes What would social host ordinances in our communities achieve? • The goals would be to decrease underage drinking by reducing youth access to alcohol in social settings by providing police departments with a very specific additional tool for law enforcement. • The ordinances would help raise awareness as part of a larger movement to change the social norm to discourage underage drinking and that underage drinking is not a "rite of passage." • The ordinances would have a deterrent effect to prevent parties and assist families with -making healthy decisions. What other communities have social host ordinances? • As of November 2016, over 32 states and 150 cities and counties have adopted social host laws, including Manhattan Beach and Hermosa Beach. Do social host ordinances work? • A comprehensive 2009 study in Ventura County found that after implementation of social host ordinances, the size of underage drinking parties appears to have decreased while the ease of obtaining alcohol had decreased. Ventura County Social Host Ordinance Impact Evaluation: Phase I Findings (2009). 1/30/17 @-) • Social host ordinances can act as a deterrent and encourage parents and youth to prevent parties where underage drinking occurs. Won't party hosts avoid calling 911 because of potential social host liability? • No. Under the AB 472 "Good Samaritan" law, anyone who reports an accidental overdose of alcohol or drugs has legal immunity and parents and adults are not subject to criminal charges or a social host ordinance citation. Can parents provide alcohol to their own children? • _ It is not a violation of a social host ordinance for parents to permit their own children to consume alcohol in the privacy of their home or during a religious function. However, there are state laws designed to protect children. Isn't underage drinking illegal? • It is already a criminal misdemeanor to provide alcohol to individuals under age 21 but the law is broad and prosecution can be costly and time consuming. • Local social host ordinances assign responsibility to those who know or should have known about a drinking party occurring on their property. Isn't underage drinking already on the decline? • Underage drinking has declined over the past three decades due to many factors such as peer disapproval and declines in availability. Who supports a social host ordinance in the Palos Verdes community? • Many residents and community members support ordinances in our cities. This includes the Los Angeles County Sheriff, Palos Verdes Peninsula Council of PTAs; the Palos Verdes Peninsula Unified School District; Greg Allen, Ph.D., LMFT; and Raunda Frank, Prevention Coordinator, BHS/NCADD (Behavioral Health Services/National Council on Alcoholism and Drug Dependence). 1/30/17 Wednesday, March 8, 201' L2:06:31 PM Pacific Standard Time Subject: SOCIAL HOST ORDINANCE Date: Wednesday, March 1, 2017 at 2:25:05 PM Pacific Standard Time From: Rod Uyeda To: Heidi Luce CC: Ray Cruz Good day to you... I am a resident of Rancho Palos Verdes. I am a retired law enforcement officer, having served the City of Pasadena for nearly 30 years before becoming the Chief of Police for the City of Manhattan Beach in 2006. I retired in 2011. My wife is a police lieutenant for the City of Torrance. We have two school aged children (13 and 15) who attend public schools here. We feel that all four cities on the Peninsula share a variety of issues that affect all families. i believe one of those issues was brought up to you during the non -Agenda public speaking time at your last meeting. That issue is a SOCIAL HOST ORDINANCE and I'm hopeful you will consider moving quickly and place it on your agenda for discussion. As I'm sure the speaker mentioned, the Palos Verdes Peninsula Unified School District, with the support of both the local and state PTA, recently passed a resolution supporting the enactment of a Social Host Ordinance in all of the four cities that make up the Palos Verdes Peninsula. Rancho Palos Verdes has already discussed such an ordinance and a 2nd reading of the ordinance will happen at their next meeting. Palos Verdes Estates will be placing the ordinance on their agenda at their next meeting after unanimously agreeing that it is needed on the Palos Verdes Peninsula. Rolling Hills Estates has mentioned it will be discussed at the March 14th retreat and put on their agenda soon. It is hopeful that all four cities on the Peninsula will have the ordinance in place PRIOR TO GRADUATION PARTIES IN MAY AND JUNE. Principal Cress of Peninsula High School spoke in support of the ordinance at the Rancho Palos Verdes City Council meeting as well as two school board members, Reid and Seymour. Principal Park of Palos Verdes High School spoke at the Palos Verdes Estates City Council meeting. There is strong support from Mothers' Against Drunk Driving and the Sheriff of Los Angeles County (attached letter), which is the law enforcement department that polices Rolling Hills. I'd like to share with you something I wrote on the Nextdoor application on the internet that many people on the Peninsula read: In March of 1991, I was a homicide detective in Pasadena when i was summoned to a very exclusive home above the Rose Bowl at 3am. There, I found 3 dead teenage girls from South Pasadena High School, murdered by 2 teenage boys after a night of drinking. The home, the high school and those girls' parents were very much like those on the Palos Verdes Peninsula. This was a needless tragedy that could have been averted. Soon, each of the City Councils on the Palos Verdes Peninsula: Palos Verdes Estates, Rancho Palos Verdes, Rolling Hills Estates and Rolling Hills, will be able to consider and enact a Social Host Ordinance. This ordinance is solely focused on stopping large parties where under age drinking is occurring...a problem that is growing throughout our community. Young people use social media to secretly broadcast parties where there will be underage drinking and little to no adult supervision. They also broadcast drugs and sex. By enacting a social host ordinance, it puts pressure on parents to be parents and to take steps to ensure no underage drinking will be occurring on their property, whether they are there or not. Current criminal laws do not address this issue. A social host ordinance is purely civil and in no way , will infringe on a private family gathering. No one will go to jail, but a hefty fine will be administered to discourage future violations and cover police costs. Manhattan Beach was the first city in Los Angeles County to enact such an ordinance with a strong City Council. Hermosa Beach has done the same. Over 32 states and 150 cities have such ordinances in place now, recognizing the need to stop a future tragedy like the one 1 mentioned above from happening again. Recently, the Palos Verdes Peninsula Unified School District showed strong leadership and passed a resolution supporting the four cities that make up the Palos Verdes Peninsula to pass such an ordinance. Having passed the ordinance when 1 worked in Manhattan Beach, i can tell you that the work is minimal, but the payoff is huge! in addition to the school District, the ordinance has the backing of the PTA, Mothers Against Drunk Driving and Los Angeles County Sheriff Jim Page 1 of 2 McDonnell to name just a few. Now is the time to reach out to your City Council members with just a simple email or phone call stressing the need to pass a Social Host Ordinance in their city to protect our young people. Each city has a website that makes it easy to email the Council members. Thank you for supporting a simple law to further protect our young people from themselves and careless parents. When I refer to the work being minimal, all the legwork has already been done. There are countless resolutions, staff reports and ordinance themselves which to copy and revise to fit the tastes of your City. As for enforcing the law itself, it places a minor burden on the police to write a simple report and forwarding it to your City Attorney to start the fine and collection process. Most people will pay the fine immediately, but I will tell you that the mere passing of this law will stop many of these parties from even occurring, resulting in only a few cites a year that will hopefully dwindle away to none. However, as I mentioned, the payoff is huge....people being much more cautious of having such parties and parents actually holding their kids and themselves more accountable. Calls of rowdy parties will decrease and you will know that you have taken a big stop at protecting our youth. Thank you for your service to our community. I am available to talk to anyone on this subject if you have any questions. Humbly yours, Rod Uyeda 310.733.8769 Page 2 of 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 9.26 (SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING OCCURS) OF TITLE 9 OF THE CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON ADULTS FOR PROVIDING ALCOHOL TO UNDERAGE PERSONS AND/OR ALLOWING UNDERAGE DRINKING WHEREAS, the City of Rancho Palos Verdes ("City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, the minimum legal drinking age is 21 years as established by the Federal Uniform Drinking Age Act of 1984, and yet alcohol is the most abused substance for minors ages 12 to 20; and WHEREAS, underage drinking is directly involved in the deaths of approximately 5,000 youth under the age of 21 every year nationwide, is linked to two-thirds of all sexual assaults including date rape, contributes to a 10 times higher incidence of physical assault and a 12 times higher incidence of unintentional injury; and WHEREAS, the 2007 Surgeon General's Call to Action reports alcohol use may alter adolescents' development and put them at higher risk for long-lasting, detrimental effects on the developing brain; and WHEREAS, Minors often obtain, possess, or consume alcoholic beverages at parties held at private residences or private premises that are under the control of an adult or "social host" who knows or should know of such conduct but fails to stop it; and WHEREAS, research identifies adults or "social hosts" as the primary source and private homes the primary site of alcohol availability, drinking games, and binge drinking for our youth; and WHEREAS, many municipalities have adopted social host laws which establish liability for adults or social hosts who knowingly host parties or gatherings at which minors are provided access to alcohol; and 01203.0005/354611.1 WHEREAS, where they exist, social host laws may act as a deterrent through the assessment of fines, community service, and/or jail time for those who practice social hosting and provide law enforcement with the ability to intervene at parties where underage drinking occurs most: in homes and on private property; and WHEREAS, in 2009 the California State Parent Teacher Association adopted a Social Host resolution in support of enacting civil laws against property owners on whose premises underage drinking occurs; and WHEREAS, on January 31, 2017, at a Special Meeting of the City Council, the Palos Verdes Peninsula Council of Parent Teacher Associations (PTA) expressly articulated the advocacy of creation of Social Host Liability legislation by its local governing cities; and WHEREAS, the City Council further finds and determines that persons who allow minors to obtain alcoholic beverages at parties held at private residences will be more likely to properly supervise or stop such parties on property under their control if they are held responsible for the conduct of such minors NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1: The facts set forth in the Recitals are true and correct, and are incorporated herein by reference. Section 2: The City Council finds that the addition of Chapter 9.26 to Title 9 establishing liability for social hosts who provide alcohol to persons under age 21 is reasonable and expected to deter the consumption of alcoholic beverages by minors by holding responsible adults who know of, or should know of, the illegal conduct yet fail to stop it. Further the City Council finds that the addition of Chapter 9.26 is necessary to preserve the public peace, morals, and welfare of underage persons throughout the City. 01203.0005/354611.1 Section 3: Chapter 9.26 (Social Host Liability for Parties at which Underage Drinking Occurs) of Title 9 (Public Peace, Morals, and Welfare) is hereby added as follows: 9.26 - Social host liability for parties at which underage drinking occurs. 9.26.010. Purpose and intent. The City Council finds and determines that minors often obtain alcoholic beverages at parties held at private premises. The City Council further finds and determines that persons who will be held responsible for abetting or tolerating such conduct will be more likely to properly supervise or stop such parties on property under their control. The purposes of this chapter are to: A. Protect the public health, safety and general welfare; B. Promote the reduction of underage drinking by imposing a civil fine on persons responsible for gatherings where alcohol is consumed by, served to or in the possession of underage persons; and C. Facilitate the enforcement of laws prohibiting the service to, consumption of or possession of alcoholic beverages by underage persons; 9.26.020. Definitions. For the purposes of this chapter, the following definitions shall apply: A. "Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one- half ('/2) of one percent (1%) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. B. • "Residence or other private property" shall mean a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function venue, and whether owned, leased, rented, or used with or without compensation. C. "Responsible person" means a person or persons with a right of possession of the residence or other private property at which a gathering is conducted. In the event that a gathering at a residence or other private property at which service to or consumption 01203.0005/354611.1 of alcohol or alcoholic beverages by underage persons occurs is hosted by a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable with said juvenile or juveniles for any penalties incurred pursuant to this chapter. A responsible person includes, but is not limited to: 1. Any owner of the residence or other private property, meaning the record owner of the title to the property as of the time of gathering, regardless of where that person or entity may currently actually reside; 2. A tenant or lessee of the residence or other private property; 3. The landlord of another person responsible for the gathering, provided that the landlord has received notice of a prior gathering at the same residence or other private property; 4. The person(s) in charge of the residence or other private property; and 5. The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering. A responsible person for the gathering need not be present at such gathering resulting in the response giving rise to the imposition of civil money penalties or responses costs. Prior knowledge of the gathering is not pre -requisite to a finding that any specific individual is a responsible person as defined by this section. D. "Underage person" is any person under the age of twenty-one (21). 9.26.030. Social host liability for parties at which underage drinking occurs. It shall be a civil violation of this chapter, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to conduct or allow in a residence or other private property any party, gathering or event at which an underage person consumes or possesses alcoholic beverages, where the responsible party knows or reasonably should know that an underage person has obtained; possesses, or is consuming an alcoholic beverage. 9.26.040 Exceptions 01203.0005/354611.1 A. This chapter shall not apply to possession or consumption of an alcoholic beverage under the supervision of a parent or guardian in connection with a cultural or religious activity. B. The penalties provided by this chapter shall not apply to any responsible person who seeks medical attention for an underage person who is or appears to be under the influence of alcohol. C. The penalties provided by this chapter shall not apply when an attendee at a gathering where underage drinking occurs is the individual who reports the underage drinking. • 9.26.050. Notice to responsible person. When a law enforcement, fire or other emergency response provider makes an initial response to a party, gathering or event at which underage consumption or possession of alcoholic beverages occurs, the official shall, in writing, notify any responsible person at the scene that: 1. The official has determined that a party, gathering or event at which underage consumption or possession of alcoholic beverages exists; 2. The responsible person(s) will be fined for violation of this chapter and billed for response costs pursuant to Chapter 9.24 if the condition is not abated and an additional response is required of law enforcement or emergency service providers to abate the nuisance; and 3. The responsible person(s) are entitled to request a hearing to appeal the fine and response costs. This notice shall be given to all identified responsible persons at the time of the initial response. 9.26.070. Penalties. A. The city council shall establish a schedule of administrative fines for violation of this chapter. B. In addition to the administrative fines described in this chapter, the responding law enforcement, fire or emergency response providers may issue an order requiring the 01203.0005/354611.1 gathering to be disbanded and may cite and/or arrest any law violators under any other applicable ordinances and state statutes. Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 8. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. PASSED, APPROVED AND ADOPTED this day of March 2017, by the following . vote to wit: Brian Campbell Mayor ATTEST: 01203.0005/354611.1 Emily Colborn City Clerk APPROVED AS TO FORM: David J. Aleshire City Attorney 01203.0005/354611.1 ei ORDINANCE NO. 352 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 9.58 (SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING OCCURS) OF ARTICLE VII (OFFENSES BY OR AGAINST MINORS) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON PERSONS WHO FACILITATE OR ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY MINORS AT ANY PARTY, GATHERING OR EVENT AT A PRIVATE RESIDENCE; AND AMENDING SECTION 1.08.010 AND ADDING SECTIONS 1.08.030 THROUGH 1.08.090 TO CHAPTER 1.08 (GENERAL PENALTY) TO TITLE 1 (GENERAL PROVISIONS) OF THE ROLLING HILLS MUNICIPAL CODE TO CREATE AN ADMINISTRATIVE CITATION PROCESS FOR CODE VIOLATIONS The City Council of the City of Rolling Hills does hereby ordain as follows: Section 1. A new Chapter 9.58 .(Social Host Liability for Parties at which Underage Drinking Occurs) of Article VII (Offenses By Or Against Minors) of Title 9 (Public Peace, Morals, and Welfare) is hereby added to the Rolling Hills Municipal Code to read as follows: Chapter 9.58 Social Host Liability for Parties at which Underage Drinking Occurs Sections 9.58.010 Purpose and Intent 9.58.020 Definitions 9.58.030 Social host liability for parties at which underage drinking occurs 9.58.040 Exceptions 9.58.050 Notice to responsible person 9.58.060 Cost reimbursement to the City 9.58.070. Penalties. 9.58.010. Purpose and intent. The City Council finds and determines that minors sometimes obtain alcoholic beverages at parties held at private premises. The purposes of this chapter are as follows: A. Protect the public health, safety and general welfare; B. Discourage and decrease underage drinking by imposing a civil fine on persons responsible for gatherings where alcohol is consumed by or served to underage persons; and C. Facilitate the enforcement of laws prohibiting the service to and consumption of alcoholic beverages by underage persons. 9.58.020. Definitions. For the purposes of this chapter, the following definitions shall apply: A. "Alcoholic beverage" means and 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 (1%) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. B. "Residence or other private property" shall mean a home, yard or other dwelling unit, or a guesthouse, pool house, barn or other similar accessory structure whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function venue, and whether owned, leased, rented or used with or without compensation. C. "Responsible person" includes the following persons, whether or not present at a gathering in violation of this chapter: Ordinance No. 352 1 1. A person or persons with a right of possession of the residence or other private property at which a gathering is conducted; 2. Each person who has an ownership interest in the premises. In the event the property is rented, the landlord shall qualify as a Responsible Person where the landlord knew or reasonably should have known of a prior gathering at the same premises; 3. Each person who, although not an owner, nevertheless occupies or has a legal right or legal obligation to exercise possession or control over the premises 4. Any person who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering; or 5. The parent or legal guardian of an underage person, where the underage person is the host of a gathering in violation of this chapter. D. "Underage person" is any person under the age of twenty-one (21). 9.58.030. Social host liability for parties at which underage drinking occurs. It shall be a violation of this chapter, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to conduct or allow in a residence or other private property any party, gathering or event at which an underage person consumes alcoholic beverages, where the responsible party knows or reasonably should know that an underage person has obtained or may consume an alcoholic beverage. Prior knowledge of the gathering is not pre -requisite to a finding that any specific individual is a responsible person as defined by this section. In the event the responsible person is an underage person, then the underage person, and their parents or legal guardian, shall be jointly and severally liable for any penalties incurred pursuant to this chapter. 9.58.040. Exceptions This chapter shall not apply to possession or consumption of an alcoholic beverage under the supervision of a parent or guardian in connection with a cultural or religious activity. 9.58.050. Notice to responsible person. When a law enforcement officer makes an initial response to a party, gathering or event at which underage consumption of alcoholic beverages occurs, the officer shall provide a written notice to all identified responsible persons at the time of the initial response. This notice shall include the following information: A. The official has determined that a party, gathering or event at which underage consumption of alcoholic beverages exists; B. The responsible person(s) will be fined for a violation of this chapter, pursuant to Section 9.58.070; C. If the condition is not abated and an additional response is required of law enforcement or emergency service providers, such as emergency personnel or fire, to abate the nuisance, the responsible persons(s) will be billed for any response costs incurred, pursuant to Section 9.58.060; and D. The responsible person(s) are entitled to request a hearing to appeal the fine and response costs pursuant to the procedures set forth in Section 1.08.090(H) for appealing administrative citations. 9.58.060 Cost reimbursement to the City. A. The person or persons responsible for any party, gathering or event described in Section 9.58.030 or on whose property the gathering is held, or if such person is a minor then the parents or legal guardians of the minor, shall be jointly and severally liable for the following costs attributable to the event: Ordinance No. 352 2 1. The actual cost to the City of law enforcement services beyond the initial response by a Sheriffs deputy necessary to abate the conditions described in Section 9.58.030; 2. Damage to public property resulting from such law enforcement response; and 3. Injuries to law enforcement personnel incurred in such law enforcement response. B. The Sheriff's Department shall accurately compute the cost of providing such services in accordance with the schedule of rates and charges for personnel and equipment contained in the law enforcement services agreement with the City and advise the City Manager of such costs, as well as any other costs of damage to public property or injuries to personnel resulting from the law enforcement response. The person responsible for the event as above described shall be billed for these costs by the City Manager upon notice of the charges from the Sheriff and payment shall be due and payable within fifteen days (15) of the billing date. Should the amount due not be paid, the City may collect the debt, as well as any costs incurred in collecting the debt due to nonpayment, pursuant to any available provision of law. 9.58.070. Penalties. A. The city council shall establish a schedule of administrative fines for any violation of this chapter. B. In addition to the administrative fines described in this chapter, the responding law enforcement officer, may issue an order requiring the gathering to be disbanded and may cite and/or arrest any law violators under any other applicable ordinances and state statutes. Section 2. The following Sections are hereby added to Chapter 1.08 (General Penalty) of Title 1 (General Provisions) of the Rolling Hills Municipal Code to read as follows: 1.08.030 Violation — Subject to administrative citation when. Any person violating any provision or failing to comply with any of the mandatory requirements of Chapter 9.58, shall be subject to the administrative penalty provisions of this Chapter. 1.08.040 Administrative Penalty. An administrative penalty shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable directly to the City. Penalties shall be set forth in a penalty schedule established by resolution of the City Council. A portion of each penalty shall constitute reimbursement for the City's administrative expenses in issuing and processing the citation. Penalties shall be collected in accordance with the procedures specified in this chapter. Payment of a penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement by the City. In the case of violations of the building, plumbing, mechanical or electrical codes, an administrative citation shall not be issued until after the responsible party has been provided a notice and a reasonable opportunity to correct the violation, and has failed to do so. 1.08.050 Service procedures for issuing administrative citations. An administrative citation may be issued to a responsible party by an enforcement officer for violation of those sections set forth in Section 1.08.030 as follows: A. By Personal Service. The person on whom the citation is served is required to confirm receipt by signing a copy of the citation, but his or her failure to do so shall have no effect on the citation's validity or enforceability; or B. By Regular First -Class Mail. Service shall be deemed effective when the citation is deposited in the United States mail; or C. By Posting on Property. If the enforcement officer is unable to serve the citation under subsections (A) or (B) above, by posting a copy of the citation on any real property within the City in which the City has knowledge that the responsible party has a legal interest. Service under this subsection shall be deemed effective on the date when the notice is posted; or Ordinance No. 352 3 D. By Publication. If the enforcement officer cannot serve the citation by any of the above methods, the enforcement officer may publish the citation in a newspaper likely to give actual notice to the party subject to the citation. The publication shall be once a week for four successive weeks in a newspaper published at least once a week. 1.08.060 Contents of administrative citation. Administrative citations shall contain all of the following information: A. The date and the location of the violation and the approximate time the violation occurred; B. The code section violated and a description of how the section was violated; C. The action required to correct the violation; D. The consequences of failing to correct the violation; E. The amount of penalty imposed for the violation; F. The procedure to contest the citation; G. The signature of the enforcement officer and the signature of the responsible party, if that person can be located and will sign the citation, as set forth in Section 1.08.050. 1.08.070 Satisfaction of administrative citation. Upon receipt of a citation, the responsible party must do one of the following: A. Pay the Penalty. Pay the Penalty. Pay the fine to the City within thirty (30) days from the date of the citation. All fines assessed shall be payable to the City. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the City. Payment of the penalty waives the responsible party's right to the administrative hearing and appeal process pursuant to Section 1.08.090; or B. Remedy the Violation. If the violation is a first-time correctable offense, is deemed •by the enforcement officer not to create an immediate threat to health and safety,•• and' -the responsible party remedies it within the time indicated on the citation; or C. Request an Administrative Hearing. If the responsible party chooses to contest the' citation, the party shall do so no later than thirty (30) days after service of the citation. The request shall be submitted in writing as directed on the citation and shall include a statement of reasons why the citation is being contested. The request shall be accompanied by a deposit in the full amount of the penalty or written proof of financial hardship, which at a minimum must include tax returns, financial statements, bank account records, salary records, or similar documentation demonstrating that the responsible party is unable to deposit the penalty. A hearing will not be scheduled until a full amount of the penalty is deposited, or the City finds the responsible party financially unable to do so and waives the deposit requirement. In the event the responsible party fails or refuses to select and satisfy any of the alternatives set forth in subsection (A), (B) or (C) above, then the penalty shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent penalty shall not preclude issuance of additional citations to the responsible party should the violations persist. 1.08.080 Issuing permits or licenses. If an enforcement officer issues an Administrative Citation because the responsible person lacks a required permit or license required by this code and the fine is delinquent, the City shall not issue the permit or license until the delinquent fine, and any applicable penalties and interest, are paid. Similarly, no permit or license shall be renewed until any and all outstanding administrative citations have been paid in full, regardless of the violation that triggered the administrative citation. 1.08.090 Administrative hearings and appeal process. Ordinance No. 352 4 A. Prehearing Dismissal of Citation. The City Manager may dismiss an administrative citation at any time in the interest of justice or if the citation is determined to have been issued in error, in which event any deposit made shall be refunded. Alternatively, the City Manager and the individual may voluntarily enter into a compliance agreement whereby the individual agrees to adhere to the requirements for compliance specified in the agreement and the City agrees to dismiss the citation upon satisfactory correction. B. Time for Administrative Hearing. The administrative hearing shall be scheduled no later than ninety (90) days after receipt of the :request for a hearing to contest the citation. The responsible party will be notified in writing at least ten (10) days prior to the date of the hearing by first class mail of the date and time of the hearing. C. Appointment of Administrative Hearing' Officer. The hearing shall be conducted by an administrative hearing officer appointed by the City Manager to perform such hearings. D. Request for Continuance of Hearing. The responsible party may request one continuance of the hearing, but in no event may the hearing begin later than ninety (90) days after receipt of the request for hearing from the responsible party. E. Failure to Attend Administrative Hearing. The individual to whom an administrative citation is issued, or that person's representative, may attend the hearing in person, or in lieu of attending may submit an Appearance by Written Declaration on a form provided by the City for that purpose. 1. If the cited individual or his or her representative fails to attend the scheduled hearing, or fails to submit an Appearance by Written Declaration on the form provided by the City for that purpose, he or she shall be deemed to have waived his or her right to an administrative hearing. Under these circumstances, the administrative hearing officer shall dismiss the challenge to the administrative citation, and shall issue a written notice to that effect. An individual whose challenge to an administrative citation is dismissed under this section shall be deemed not to have availed himself or herself of the right to an administrative hearing as provided in this chapter. 2. An individual who has been issued an administrative citation and who has requested an administrative hearing to challenge the citation as provided in this chapter may request in writing that his or her challenge to the citation be dismissed and the hearing cancelled. Upon receipt of such request, the administrative hearing officer shall dismiss the challenge to the administrative citation, cancel the pending hearing, and issue a written notice to that effect. Any individual who requests the dismissal of a challenge to an administrative citation under this section shall be deemed never to have availed himself or herself of the right to an administrative hearing as provided in this chapter. F. Procedures at Administrative Hearing. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The City bears the burden of proof at an administrative hearing to establish a violation. The citation is prima facie evidence of the violation and the enforcement officer who issued the citation is not required to participate in the hearing. The administrative hearing officer shall use preponderance of the evidence as the standard of evidence in deciding the issues. Evidence shall be submitted under penalty of perjury. G. Decision of an Administrative Hearing Officer. At the conclusion of the hearing or within fifteen 15 days thereafter, the administrative hearing officer shall render a decision as follows: 1. Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the penalty schedule, and if the violation has not been corrected as of the date of the hearing, order correction of the violation; or 2. Determine that the violation for which the citation was issued occurred, but that the responsible party has introduced credible evidence of mitigating circumstances warranting imposition of a lesser penalty than that prescribed in the penalty schedule, or no penalty at all, and imposing such lesser fine, if any, and if the violation has not been corrected as of the date of the hearing, ordering that the violation be corrected; or Ordinance No. 352 5 3. Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of the code. The administrative hearing officer shall issue a written decision entitled "Administrative Order" no later than fifteen (15) days after the date on which the administrative hearing concludes. The Administrative Order shall be served upon the responsible party by first class mail, or if that method fails, by any of the other methods set forth in Section 1.08.050. The Administrative Order shall become final on the date of mailing or other service, and shall notify the responsible party of his or her right to appeal as provided in subsection (H) of this section. The Administrative Order shall also: (i) either set a deadline for compliance with its terms, in the event that the responsible person fails to file an appeal, in no event less than twenty (20) days from the date of mailing or other service; or (ii) if the hearing officer determines as described in subsection (G)(2) or (G)(3) immediately above, and the responsible party has deposited the penalty with the City, order a partial or full refund of the deposit. If the violation is a continuing violation of the City's building, plumbing, mechanical, electrical or zoning code, the Administrative Order shall provide that the responsible person has not more than thirty (30) days from mailing or other service of the Administrative Order to correct the violation. H. Appeal the Administrative Order. If an administrative order is rendered in favor of the City, the responsible person may seek judicial review of the administrative order in the Los Angeles County Superior Court, by filing an appeal of the administrative order pursuant to, and paying the fee required by, Government Code § 53069.4 within twenty (20) days after service of the administrative order. Pursuant to Government Code § 53069.4, the appealing party must serve a copy of the notice of appeal in person or by first-class mail upon the City Clerk. If no notice of appeal is filed within the twenty (20) Day period, the administrative hearing officer's decision is final. I. Failure to Comply with Administrative Order. In the absence of a timely appeal to the Superior Court, failure to comply with a final administrative order directing the abatement of a continuing violation by the date specified in the order shall be a misdemeanor for each day thereafter, or any portion thereof, that the violation is maintained or permitted. In the event of a timely appeal to the Superior Court pursuant to subsection (H) of this section, and provided the City prevails thereon each day, or any portion thereof, that a continuing violation is maintained or permitted after a court -ordered abatement date shall be a misdemeanor. Filing a misdemeanor action does not preclude the City from pursuing any other remedies to gain compliance provided in this Code or under state law. For purposes of this subsection (I), a "continuing violation" shall mean a single, ongoing condition or activity in Violation of the Municipal Code. Section 3. Section 1.08.010 (Violation — Misdemeanor when) of Chapter 1.08 (General Penalty) of Title 1 (General Provisions) of the Rolling Hills Municipal Code is hereby amended to read as follows: 1.08.010 - Violation —Misdemeanor when. A. Any person violating any provision or failing to comply with any of the mandatory requirements of the ordinances of the City shall be charged with a misdemeanor, unless the violation is made an infraction by ordinance. B. Any person who violates the same provision, or fails to comply with the same requirement, of the sections of this code set forth in Section 1.08.030 more than three times within a twelve month period shall be charged with a misdemeanor fbr each violation committed thereafter within that same twelve month period. Any person who violates or fails to comply with the sections of this code set forth in Section 1.08.030 and who possesses no photo identification or refuses to identify him or herself to an enforcement officer, making it impossible to issue an administrative citation, shall be charged with a misdemeanor. Section 4. Effective Date. This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. Ordinance No. 352 6 J S BLACK MA OR Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 6. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. PASSED, APPROVED AND ADOPTED this 22"d day of May, 2017. ATTEST: �L0,(L) HEIDI LUCE CITY CLERK Ordinance No. 352 7 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 352 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 9.58 (SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING OCCURS) OF ARTICLE VII (OFFENSES BY OR AGAINST MINORS) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON PERSONS WHO FACILITATE OR ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY MINORS AT ANY PARTY, GATHERING OR EVENT AT A PRIVATE RESIDENCE; AND AMENDING SECTION 1.08.010 AND ADDING SECTIONS 1.08.030 THROUGH 1.08.090 TO CHAPTER 1.08 (GENERAL PENALTY) TO TITLE 1 (GENERAL PROVISIONS) OF THE ROLLING HILLS MUNICIPAL CODE TO CREATE AN ADMINISTRATIVE CITATION PROCESS FOR CODE VIOLATIONS was approved and adopted at a regular meeting of the City Council on May 22, 2017 by the following roll call vote: AYES: Councilmembers Dieringer, Wilson and Mayor Black. NOES: Councilmember Mirsch. ABSENT: Councilmember Pieper. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. cMilciucv HEIDI LUCE CITY CLERK Ordinance No. 352 8