City of San Diego

Chapter 5, Public Safety, Morals and Welfare

Article 6: Disorderly Conduct, Places and Publications — Gambling

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§56.60 Definitions

Each word or phrase that is defined in Sections 56.60, 56.61, 56.62, 56.63, and 56.64 appears in the text of these Sections in italicized letters. For purposes of Sections 56.61 through 56.64, the following definitions shall apply:

Alcohol  means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

Alcoholic beverage includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one (1) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

Gathering  is a party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity.

Legal Guardian means (1) a person who, by court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.

Minor  means any person under twenty-one years of age.

Parent  means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.

Premises means any residence or other private property, place, or premises, including any commercial or business premises.

Response costs  are the costs associated with responses by law enforcement, fire, and other emergency response providers to a gathering, including but not limited to: (1) salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s); (2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering; (3) the cost of repairing any City equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of a gathering; and (4) any other allowable costs related to the enforcement of Sections 56.61 and 56.62.

(“Definitions” added 5-6-2003 by O-19172 N.S.)

(Amended 4-26-2006 by O-19482 N.S.; effective 5-26-2006).

§56.61 Consumption of Alcohol by Minor Prohibited in Public Place, Place Open to Public, or Place Not Open to Public

Except as permitted by state law, it is unlawful for any minor to:
(a) consume at any public place or any place open to the public any alcoholic beverage; or
(b) consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian.

(“Consumption of Alcohol by Minor Prohibited in Public Place, Place Open to Public, or Place Not Open to Public ” added 5-6-2003 by O-19172 N.S.)

§56.62 Hosting, Permitting, or Allowing a Party, Gathering, or Event Where Minors Consuming Alcoholic Beverages Prohibited

(a)(1) It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages  at the gatherin g; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting drivers licenses or other government-issued identification cards to ensure that minors  do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering.

Ch. Art. Div.  (2) It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage  or reasonably should have known that a minor consumed an alcoholic beverage  had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in subsection

(a)(1) of this Section.

(b) This Section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian, as permitted by Article I, Section 4, of the California Constitution.

(c) This Section shall not apply to any California Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control.

(“Hosting, Allowing a Party, Gathering, or Event Where Minors Consuming   Alcoholic Beverages Prohibited ” added 5-6-2003 by O-19172 N.S.)

(Amended 4-26-2006 by O-19482 N.S.; effective 5-26-2006)

§56.63 Mandatory Minimum Fines

Criminal violations of Sections 56.61 and 56.62 shall be punishable, on a first offense, by a mandatory minimum fine of $100.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended, and, on second and subsequent offenses, by a fine of $200.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended.

(“Reservation of Legal Options ” added 5-6-2003 by O-19172 N.S.)

Amended 4-26-2006 by O-19482 N.S.; effective 5-26-2006)

§56.64 Reservation of Legal Options

Violations of Sections 56.61 and 56.62 may be prosecuted by the City of San Diego, in the name of the People of the State of California, criminally, civilly, and/or administratively as provided by the Municipal Code. The City of San Diego may seek administrative fees and response costs associated with enforcement of Sections 56.61 and 56.62, through all remedies or procedures provided by statute, ordinance, or law. Sections 56.61 and 56.62 shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by Sections 56.61 and 56.62, nor shall they limit the City of San Diego’s or the People of the State of California’s ability to initiate and prosecute any criminal offense arising out of the same  circumstances necessitating the application of Sections 56.61 and 56.62.

(Added 4-26-2006 by O-19482 N.S.; effective 5-26-2006)

§56.65 Local Authority

Sections 56.60, 56.61, 56.62, 56.63, and 56.64 shall not apply where prohibited or preempted by state or federal law.

(Added 4-26-2006 by O-19482 N.S.; effective 5-26-2006)

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Ventura County Limits Model Ordinance

As part of its county-wide initiative to reduce underage and binge drinking, including the occurrence of underage drinking parties and other gatherings, the Ventura County Behavioral Health Department’s Training, Applied Research, and Alcohol and Drug Prevention Division, in collaboration with the Center for the Study of Law and Enforcement Policy (CSLEP) of Pacific Institute for Research and Evaluation (PIRE), has published a model response costs recovery ordinance. This model ordinance can be the basis for a powerful new legal tool to deter underage drinking parties.  It is available at  www.venturacountylimits.org