HomeMy WebLinkAboutStaff Report 405-07~/~~i~’~City of Palo Alto
Man agoras R p0r
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: POLICE
8
DATE:
SUBJECT:
NOVEMBER 19, 2007 CMR:405:07
ADOPTION OF AN ORDINANCE ADDING SECTION 9.04.040 ("CERTAIN
SOCIAL GATHERINGS UNLAWFUL") TO CHAPTER 9.04 ("ALCOHOLIC
BEVERAGES’) TO TITLE 9 ("PUBLIC PEACE MORALS AND SAFETY")
TO THE PALO ALTO MUNICIPAL CODE TO PROHIBIT CONSUMPTION
OF ALCOHOL BY MINORS AT GATHERINGS OF FOUR OR MORE
PERSONS
RECOMS~NDATION
Staff recommends that Council approve Chapter 9.04, Section 9.04.040 of the Palo Alto Municipal
Code (PAMC) prohibiting the possession and consumption of alcohol by minors at gatherings with
four or more persons.
BACKGROUND
Over the last several years, Police Department personnel have responded to 12 parties at private
residences or at rented residential and commercial premises where underage persons have been
consuming alcoholic beverages. Police officers have arrested 79 minors for possession of alcohol
and 71 minors for being drunk in public. Additionally, there have been several traNc automobile
accidents that have resulted in the death of minors who had been drinking prior to getting behind the
wheel. When underage persons are intoxicated, they pose a significant threat to themselves and
others. Research has shown that minors who consume alcohol are more apt to be involved in fatal
automobile accidents; are prone to be hospitalized for alcohol poisoning; are at great risk of being
victims of sexual assault; and to commit suicide.
There are currently statutes dealing with minors and alcohol (Attachment One). Social host
ordinances target the location in which the drinking takes place. Host liability laws hold individuals
responsible for underage drinking during events on property owned, leased or under the control of
adults.
A September 2004, U.S. Department of Justice, Office of Community Oriented Policing Services
study entitled, "Underage Drinking" strongly recommended social host ordinances, combined with
enforcement and education efforts as "effective response strategies" to reduce the effects of
CMR:405:07 Page 1 of 3
underage drinking. A number of agencies including the cities of Santa Clara, Gilroy, Morgan Hill,
Los Gatos and Ventura and Marin counties have such regulations.
DISCUSSION
The existing Palo Alto Municipal Code and state statutes are insufficient to resolve the problem of
underage drinking within the City. While the proposed ordinance would not totally eliminate the
consumption of alcohol by youth, it would prohibit the possession and consumption of alcohol by
persons under the age of 21 and impose civil penalties on those who allow or fail to stop underage
drinking parties from occurring on property under their ownership, possession or control.
The intent of this ordinance is to promote the reduction of underage drinking and to send clear
message to parents and other adults who have a responsibility in the way they manage their homes
to prevent minors from drinking alcohol and the associated devastating consequences.
The proposed ordinance prohibits gatherings of four or more persons who are under the age of 21
on private property (which includes homes, apartments, and hotel rooms), where alcoholic
beverages are being consumed or possessed by underage persons. Persons who may be held liable
for unlawful gatherings include: the property owner, tenant, party host, alcohol provider, ticket
seller, or the parents of juveniles (under the age of 18) who are responsible persons and the person
in charge of the location of the unlawful gathering. Officers would have the option to cite under-
aged drinkers in some circumstances.
The proposed ordinance provides for civil and/or criminal enforcement. Civil enforcement would
be handled by an administrative citation that would result in violators being fined $250 for the first
violation; $500 for the second violation and $1,000 for the third violation. Civil enforcement does
not require proof that the violating party knew or should have known of the violation.
Criminal enforcement as a misdemeanor violation would be handled by arrest or citation provided
the violating party knowingly caused or permitted the violation to occur, or reasonably should have
known that a violation would occur. The punishment would be a fine not to exceed one thousand
dollars or by imprisonment in the countyjail for a period of not more than six months, or by both
(California Penal Code Section 19).
In the case of a civil citation, the violating party would have the opportunity to contest the citation
before the City’s Administrative hearing officer. At this hearing the violating party would be
afforded the oppommity to present any facts or arguments on which the exercise of discretion may
be predicated. A person against whom a final administrative order or decision has been rendered
may seek a review by filing an appeal to be heard by the Superior Court.
In May 2007, staff met with members of the Palo Alto Youth Council to discuss the proposed
ordinance and to get their feedback. While initially the Council members were concerned about the
CM_R:405:07 Page 2 of 3
intent of the ordinance, after staff emphasized that the ordinance was primarily directed towards
parents and adults who al!owed underage drinking parties to occur, they agreed that the ordinance
would be beneficial.
Staff would provide educational material to parents through PTA newsletters and press releases
prior to taking any enforcement action.
RESOURCE IMPACT
No additional funds are needed for the education or enforcement of this ordinance.
POLICY IMPLICATIONS
This ordinance is consistent with City policy.
ENWIRONMENTAL ASSESSMENT
This is not a project subject to CEQA requirements.
ATTACHMENTS
_Attachment One - Current Statutes dealing with Minors and Alcohol
Draft Ordinance
PREPARED BY:
DEPARTMENT HEAD APPROVAL:
CITY MANAGER APPROVAL:
DENNIS BURNS
Assist~~i~LYNNE YO~HNS ON
Police Chief
EMILY HARRISON
Assistant City Manager
CMR:405:07 Page 3 of 3
ATTACHMENT ONE
Laws Concerning Youth and Alcohol
25662 B & P
25661 B & P
23136 CVC
23140 CVC
23152 CVC
23153 CVC
23190 CVC
.~222 CVC
23223 CVC
23224 (a) CVC
23224 (b) CVC
272 PC
25658 B & P
25658.2 B &P
9.04.0101(a) PAMC
Person under 21 years in possession of alcohol in a public place
Person in possession of another’s identification or false
identification to obtain alcohol
Driver under 21 with blood alcohol (BAC) of .01 or geater,
license suspension of 1-3 years.
DUI by person under 21 with BAC of .05 or ~eater or under the
influence of drugs
DUI by person 21 or older with BAC of .08 or greater or under the
influence of drugs.
Felony DUI which causes injury or death to another
Felony DUI, third or subsequent DUI conviction
Driver in possession of open alcohol container or marijuana in
vehicle.
Passenger in possess of open alcohol container
Driver under 21 in possession of alcohol in vehicle
Passenger under 21 in possession of alcohol in vehicle
Contributing to Delinquency of Minor
Furnishing alcohol to person under 21
Parent permitting a person under 18 to drive DUI which results in
an accident
Unlawful for any person to consume alcohol on City street,
sidewalk or alley
9.04.020(a) PAMC
9.04.030 PANIC
9.60.020(a) PAMC
Unlawful for any person to consume alcohol in City parking lots.
Unlawful possession of open containers at retail package off-sale
establishments
Unlawful possession of alcohol or open containers in Civic Center
block
22.04.350 PAMC
22.04.060 PAMC
Unlawful for any person to consume alcohol xvhile in motorized
vehicle in any park
Unlawful for reNstered owner or driver of vehicle to possess open
container inside any motorized vehicle within a park.
*****NOT YET APPROVED*****
(c) Except as permitted by Article I, Section 4, of the California Constitution,
and the Alcoholic Beverage Control Act (California Business and Professions Code Sections
23000 et seq.), no person shall suffer, permit, allow or host a gathering or event at his/her place
of residence or other private property, place or premises under his/her control where persons
under the age of twenty-one (21) are present and alcoholic beverages are in the possession of, or
are being consumed by, any person under the age of twenty-one (21) years in violation of
subdivision (b) of this section.
SECTION 2. This ordinance shall be effective on the thirty-first day after the date
of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
AB S TENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Assistant City Attorney City Manager
Police Chief
Director of Administrative
Services
071023 synO120265
2