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ORDINANCE NO. 352
AN �RDINANCE OF THE CITY OF ROLLING Hu„LS ADDING A
NEW CHAPTER 9.5$ {SOCIAL HOST LIABILITY FOR PARTIES AT
WHICH UNDERAGE DRIlVKING OCCURS) OF ARTICLE VII
(OFFENSES BY OR AGAIlVST MINORS) OF TIT'LE 9 (PUBLIC
PEACE, MORALS AND WELFARE) QF TT� CITY'S MUN�CIPAL
CODE TO IMPOSE LIABILF`TY ON PERSONS WHO FACTLITATE
OR ALLQW THE CONSUMPTION OF ALCOHOLZC BEVERAGES
„__ BY MINORS AT ANY PARTY, GATHERING QR EVENT AT A
PRIVATE RESIDENCE; AND AMENDING SECTION 1.08.Q10 AND
ADDING SECTIONS 1.08.030 THROUGH 1.08.090 TO CHAPTER 1.08
(GENERAL PENALTY) TO TITLE 1 (GENERAL PROVISIONS} OF
THE ROLLIlVG HILLS MUNICTPAL CODE TO CREATE AN
ADMINISTR.ATIVE CITATION PROCE�S FOR CODE VIOLATIONS
The City Council of the City of Rolling Hills daes 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) o�Ti#le 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 Drinkin�g 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 Ezceptions
�'� 9.58A50 Notice to responsible person
9.58.06D Cost reimbyrsement ta the City
9.58.070. Pen�alties.
9.58.010. Purpose and intent.
The City Council finds and determines that minors sometimes obtain atcoholic beverages at
parties held at private premises. The purposes of this chapter are as follows:
A. Protect the public health, safety and general weZfare;
B. Discourag� and decrease underage drinking by imposing a civil fine on persons responsible
for gatherings where alcohol is consumed by or served to underage persans; and
C. FaciIitate the enforcement aF laws prohibiting the service to and consumption of a�coholic
beverages by underage persons.
9.58.Q20. Defmitions.
Far the purposes of this chapter,the follawing definitions shall apply:
.._.,_ A. "Alcoholic bevexage" means and includes alcohol, spirits, liquor, wine, beer and every liquid
or solid containing alcohol, spirits, wine or b�er, and which contains one-half (�/z) of one
pe�rcent (1%) or more of alcohol by valume and which is fit for beverage purposes either
alane ax when diluted, mixed or combined with ather substances.
B. "Residence or other private properiy" 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 ar used with or without compensation.
C. "Responsible person" includes the following persons, whether or not present at a gathering in
violation af this chapter:
Ordinance No. 352 1
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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 Iandlord shall qualify as a Responsible Person where the landlord knew
or reasonably should ha�e la�aw�n of a prior gathering at the same prernises;
3. Each person who, although not an owner,nevertheless occupies or has a legal right or
legal obligation ta exercise possession or control over tb.e premises
4. Any person who o�ganizes, supervises, afficiates, conducts or controls the gathering
or any o#her 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
nost of a gathering in vio�ation of this chapter.
D. "Underage person" is any person under the age of twenty-one {21).
9.58.030. Social host liabili�y for p�rties at which underage drinlcing occurs.
It shall be a �iolation of this chapter, and a public nuisance constituting an immediate threat to
public health anc� safety warranting summary abatement, for any responsible person to condnct or allow
in a residence ar otl�er private property any party, gathet�ng or e�ent at which ar� underage person
consumes alcoholic beverages, where tl�e responsible party laiows ar reasonably should know that an
underage person has obtained or rnay consume an alcoholic beverage. Prior lcnawledge 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 thei�
parents or legal guardian, shall be join#ly and severally liable for any penalties �ncurred pursuant to this
chapter.
9.58.044. Ezceptions
This chapter shall not apply to possession or consumptian of an alcoholic beverage under the
supexvision of a parent or guardian in connect�on with a cultural or religious activity.
9.SS.D50. Notice to responsible person.
When a 1aw enforcernent officer makes an initial response to a parry, gathering or event at which
underage consumption of alcoholic beverages occurs, the officer shall provide a written notice to all
identified responsibl.e persons at the time of the ini�ial response. This notice shall include the following
information:
A. The official has determined that a party, gathering ar event at which underage consurnption of
alcoholic beverages exists;
B. Tt�e responsible person(s) will be fined for a vioiation 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 bil�ed for any response costs incurred, pursuant to Section
4.58.060; 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.OS.Q90(I� 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 1ega1 guardians of the minor, shall be jointly and severally liable far the following
costs attributable to the event:
Ordinance No. 352 2
1. The actual cost to the City of law enforcement services beyond the inidal 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 respanse.
B. The Sheriffs De�artment sha17 accurately compute the cost of providing such services in
accordance with the schedule af rates and charges for personnel and equipmerit contained in
the law enforcemerif services agreement with the City and advise the City Manager of such
costs, as well as any other costs of damage to public property ar injuries to personneZ
resulting from the 1aw enforcement response. T'he person responsible for the event as above
desc�ibed shall be billed for these costs by the Ciry 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 paicl, the City may collect ttie debt, as well as any costs
incunred in collecting the debt due to nonpayment,pursuant to any available pravision of law.
9.58.07Q. Penalties.
A. The city council shall establish a schedule of administrative fines £or any violation of this
chapter.
B. In addition to the administrative fines described in this chapter, the responding law
enforcement officer, inay issue an order requiring the gathering to be disbanded and may cite
and/or arres�any law violators unde�any other app�icable ordinances and state statutes.
Section 2. The following Sections are hereby added to Chapter 1 A8 (General Penalty) of
Title 1 (General Provisions) of the Rolling Hills Municipal Code to read as follows:
1.08.030 Vio�ation—Svbject to administr�tive citation when.
Any person violating any provision or failing to comply with any of the rnandatory requirements
of Chapter 9.58, shall be subject to the administrative penalty provisions of this Chapter.
1.08.040 Administrative Penalty.
An administradve penaity shall be assessed by means of an administra�ive citation issued by an
enforcement officer and shall be payab�e directly to the City. Pena.Ities shall be set forth in a penalty
scheduie established by resolution of the City Council. A portion of each pena�ty shall constitute
reimbursement for the Cxty's administrative expenses in issuing and processing the citation. Penalties
shall be collected in accardance with the procedures specified in this cha.pter. Payment of a penaity shall
not excuse the failure to correct the violation nor shall it bar further enforcement by ttxe City. In the case
of violations of the bui�ding, plumbing, mechanical or elecf.rrical codes, an administrati�ve cita�ion shall
not be issued until after the responsible party has been provided a natice and a reasonable opportunity to
correct the viaiation, and has failed to do so.
1.Q$.QSD Service procedures for issuin�g administrative ci�a#ians.
An administrative citation may be issued ta a responsibie party by an enforcement officer for
violation of those sections set farth in Section 1.48.030 as fallows:
A. By Personad Servfce. The person on wham the citation is ser�ed is requixed to confirm
receipt by signing a capy of the citat�on, but his or her failure to do so sha11 have no efFect an
the citation's validity or enforceability; or
B. By Regular First-Class Mail. Service sha11 be deemed effective when the citation is
deposited in the United Sta.tes mail; or
C. By Posting on Property. If the enfarcefnent officer is unable to serve the citation under
subsections (A) or (B) abave, by posting a copy of the cita.tion on any real property within
the City in which the City has knowledge that the responsible party has a lega� 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 enforcernent officer cannot serve the citation by any of the above
methods, the enforcement afficer may publish the citataan in a newspaper likely to give
actual notice to the party subject to the citation. The publication shall be once a week for
faur successive weeks in a newspaper published at least once a week.
1.Q8.060 Content� of�dministrahve citation.
Administrative citations shall contain a11 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 af how the section was violated;
C. The action required ta correct the violation;
D. The cansequences af failing to correct the violation;
E. The amaunt of penalty imposed for the violation;
F. The proced�re to contest the citation;
G. T`he 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 Sectian 1.08.050.
I.08.070 Satisfaction of administrative citation.
Upan receipt of a citation,the responsibie party rnust do one of the fallowing:
A. Pay the Penalty. Pcry the Penadty. Pay the fine to the City within thirry (30} days from the
date of the citation.All fines assessed sha11 be payable to the City.Payment of a fine shall not
excuse or discharge a failure to correct continuing vialations nor shall it bar further
enfarcernent 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 Violatian. Tf the �iolation is a first-time correctable offens�, is deemed by the
enforc�ment officer not to create an immediate threat to health and safety, and the
responsible party remedies it witl�in the time indicated on the citatian; or
C. Request an Administrative Hear�ing. If the responsib�e �arty 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 cita,tion and sha11 include a statement of
reasons why the cita.tion is being contested. T'he 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 documentat�on 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 e�ent the responsible party fails or refuses to select and satisfy any of the alternati�es set
forth ir� subsection (A), (B) or (C} above, then �he penalty shall be immediately due and owing to the
City and may be collected in any manner al�owed by law for collection of a debt. Comrnencernent af an
action to callect the delinquent penalty sha�l not preclude issuance of additional citations to the
responsible parry should the violations persist.
i.08.080 Issaing permits or licenses.
If an enforcement officer issues ari Administrati�e 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 �d interest, are paid.
Siznilarly, no permit or license shall be renewed until any and all outstanding admanis�rative citations
have been paid in fiill,regardless of the�iolation that triggered the administrative citation.
1.08.090 Administrative hearings and appeal process.
Ordinance No. 352 4
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A. Prehearing Dasrnisscal of Citation. The City Manager may dismiss an administrati�e citation
at any time in the interest of justice nr if the cita.tion is determined #o have been issued in
error, in which event any deposit made shall be refunded. AIternatively, the City Manager
and the imdividual may voluntarily enter i�nto a comptiance agreement whereby the individual
agrees to adhere to the requirements for compliance specified in the agreemen# and the City
agrees to dismiss'the citation upon satisfactory correction.
B. Time for Aa►r�zrnistrative Hearang. The administrative hearing sha11 be scheduled no later than
ninety (9Q) days after receipt of the request �ar a hearing to contest the citatian. The
responsible party will be notified in writing at ieast ten (10) days prior to the date of the
hearing by firsf class mail af the date and time of the hearing.
C. Appointment of Administrative Hearing Officer. The hearing shall be conducted by an
administrative hearing office�r appointed by the City Manager to perform such hearings.
D. Request for Continuance of Hearing. The responsible party may request one cantinuance 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 representa.tive fails to attend the scheduled hearing, or
fails ta submit an Appearance by Written Declaratian on the form provided by the City
for that purpose, he or she shall be deemed to have waived his or her rzgh� 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 citatian is dismissed
under this section sha11 be deemed nat to have availed himself or herself of the right ta 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 ci#ation as pravided in this chapter may re�uest in
writing that his or her challenge to the citation be dismissed and the hearing cancelled.
Upon receipt o� such requ�st, the administrative hearing officer shall dismiss the
challenge to the administrative citation, cancel the pending hearing, and issue a written
notice ta that effect. Any individual who reques�s the dismissal of a chal�enge to an
administrative citation under this section shail 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 da not apply. Each party shall have the opportunity to
present evidence in support o£his or her case and to cross-examine witnesses. The City
bears the burden af proof at an administrative hearing to establish a violation. The citation is
prima facie evidence of the violation arid the enforc�ment officer who issued the citation is
not required to participate in the hearing. The administrative hearing officer shall use
preponderance of the evidence as fhe standard of evidence in deciding the issues. Evidence
shall be submitted under penalty of perjury.
G. Decision of an Administrative Hearing O�cer. At the conclusion of the hearing or within
fifteeri 15 days thereafter, thE administrative hearing afficer shall render a decision as
follows:
1. Determine that the violataon for which the cita.tion was issued occurred, and txnpose a fine
in the amount set forth in the penalty schedule, and if the vialation has not l�een corrected
as of the date of#he hearing, order correction of the violation; or
2. Determine that the violation for which the citation was issued occurred, but that the
respansible party has introduced credible evidence of mitigating circumstances
warranting imposition of a lesser penalty than that prescribed in the penalty schedule, or
no penal�ty at a11, and imposing such lesser fine, zf any, and if the violation has not been
coFrected as af the date of the hearing, ordering that the�iolataon be corrected; or
Ordinance No. 352 5
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3. Determine tha# the violation for which the citation was issued did not accur ar that the
condition did not constitute a viola�ion of the code.
The administrative hearing o�ficer shall issue a written decision entitled "Administrative
Order" no later than fifteen {15) days after the date on vcrhich the adrninistrative hearing
concluc�es. 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 Adtnix�strativ� Order shall become final on the date of mailing or other service, and
shall notify the responsible party of his ar her right to appeal as provided in subsection (H) of
this section. The Administrative Order sha11 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 flfficer
determines as described in subsection (G)(2} or (G)(3) immediately above, and the
responsible�arty has deposited the penalty with the City, order a partial or full refund of the
depasit.
If the violation is a continuing violation of the City's building, pluxnbing, mechanical,
electrical or zoning code, the Administrative Order shall pro�ide that the responsible person
has not more than thirty (30) days from rnailing or other service of the Administrative �rder
to correct the violation.
H. Appead the Adminfstrative Order. If an administrative order is rendered in £avar of the City,
the respansible person may seek juclicial review of the adaninistrative order in the Los
Angeles County Superior Court, by filing an appeal af 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 af the notice of appeal in person or by first-class mai�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 Compdy wfth Administrative Order. In the absence of a timely appeal to the
Superior Court, fai�ure to comply with a final administrative order directing�he abatement af
a continuing violation by the date specified in the order shall be a misdemeanor for each day
thereafter, or any portion thereof, that the violatian is maintained or permitted. In tl�e event
of a timely appeal to the Superiar Caurt pursuant to subsec�ion (I� of �his section, and
provided the City prevails thereon each day, or any portion thereof, that a continuing
violation is maintained or perrnitted after a caurt-ordered abatement da.te shall be a
misdemeanor. Fi�ing a misdemeanor acdan daes not preciude the City from pursuing any
other remedies ta gain co�npliance provided in this Code or under state law. For purposes of
this subsection(I), a"continuing violation" shall mean a single, ongoing condition or acti�ity
in Violation of the Municipal Code.
Secfion 3. Section 1 A8.010 (Violation – Misdemeanar when) of Chapter 1.�8 (General
Penalty) of Tit1e 1 (General Provisions) af the Rolling Hills Municipal Code is hereby amended to read
as follows:
1.Q8.010 -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 ta comply with the same xequirement,
of the section.s of this code set forth in Section 1.08.030 more than three times within a
twelve month period shali 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 ox herself to an enforcement officer, making
it impossible�o 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 1aw.
,�
#
Ordinance No. 352 b
_ Sectioa 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause
ar phrase of this ordinance or zts application to any person or circumstance, is for any reasan held to be
invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall
not affect#he validity or enforceability of the remaining sec�ions, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any ather person or circumstance.
The City Counci� declares that it would have adopted each section, subsection, subdiviszon, paragraph,
sentence, clause, phrase hereof, irrespective of the £act that any one or more sections, subsections,
subdivisions,paragraphs, sentences, clauses or phrases hereof be decZared invalid or unenforceable.
^__ SecNon 6. Certificatian 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 Ordiz�ance, and shall cause this Ordinance and its certification, together
with proof of posting, to be entered in the Book of Ordinances of the Cauncil of this City.
PASSED,APPROVED AND ADOPTED this 22"�day of May, 2017.
3 S BLACK
MA OR
ATT'EST:
^ �����
HEIDI LUCE
CITY CLERK
Ordinance No. 352 7
STATE OF CALIFORNIA )
COUNTY OF LQS ANGELES ) §§
CITY OF ROLLIlVG HILLS )
I certify that the foregoing Ordinance No. 352 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A
NEW CHAPTER 9.58 (SOCZAL H4ST LIABILITY FOR PART`IES AT
WHICH UNDERAGE DRINKING OCCURS) �F ARTICLE VII
(OFFENSES BY OR AGAINST MINORS) OF TITLE 9 (PUBLiC
PEACE, MORALS AND WELFARE} OF THE CITY'S MUNiCIPAL
C�DE TO IMPOSE LIABILITY ON PERSONS WHO FACILITATE
OR ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES
BY MINORS AT ANY PARTY, GATHERING OR EVENT AT A
PRNATE RESIDENCE; AND AMENDING SECTIQN 1.08.010 ANT]
ADDING SECTIONS 1.08.030 THROUGH I.08.090 TQ CHAPTER 1.08
(GENERAL PENALT� TQ TITLE Z {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, 2Q17 by the following
rol� call vate:
AYES: Councilmembers Dieringer, Wilson and Mayor Black.
NOES: Councilmember Mirsch.
ABSENT: Councilrnember Pi�per.
ABSTAIN: None.
and in compliance with the iaws of CaIifomia was posted at the following:
Administ�raative OfFces.
HEIDI LUCE
CITY CLERK
Ordinance No. 352 8
CITY OF ROLLING HILLS
PROOF OF SERVICE BY MAIL AND POSTING
STATE OF CALIFORIVIA )
) ss
COUNTY OF LOS ANGELES )
� 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 Poriuguese B�end Road,Rolling Hills,Califomia.
On the 23'� day of Nd�y,2Q17,I serve the within
��dinan��1Voe 35�
���pt�a��S8 �ocnal 1[�os�II,na�ility for Par�ie���wha� a�derage a��inl�g o���s.
a copy of which is annexed hereto and made a part�ereof
EMAILED MAILED DELIVERED
NONE NONE NONE
Posted at City �Iall for 30 c�ays.
I certify (or declare) under penalty of perjury,that the foregoing is true and correct.
Executed on the 23"` da.y of May,2017 at Rolling Hills,California.
���
EWA 11TdKOIDEM
ADMINISTRATIVE ASSISTANT