RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 02/21/2017 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to introduce a Social Host Liability Ordinance. RECOMMENDED COUNCIL ACTION: (1) Introduce 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 FISCAL IMPACT: N/A Amount Budgeted: Additional Appropriation: Account Number(s): N/A N/A N/A ORIGINATED BY: Gabriella Yap, Deputy City Manager REVIEWED BY: Same APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. California State PTA Social Host Resolution (page A-1) B. Palos Verdes Peninsula Council of PTAs Social Host Talking Points (page B-1) C. Proposed RPV Social Host Ordinance (page C-1) D. Comparison of Manhattan Beach and Hermosa Beach Social Host fines (page D-1) BACKGROUND AND DISCUSSION: At the February 7, 2017, City Council meeting, the Council directed Staff to place a Social Host Ordinance on tonight s agenda. 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) adopted a social host resolution in support of enacting civil laws against property owners on whose premises underage drinking occurs in 2009 (Attachment A). The Palos Verdes Peninsula Council of PTAs 1
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 social hosting. The PTA resolution cites statistics from the Surgeon General and provides background to how detrimental underage drinking can be. The Palos Verdes Peninsula Council of PTAs has also produced social host ordinance talking points (Attachment B). As of November 2016, 32 states have enacted 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%). Staff recommends introducing the attached draft ordinance (Attachment C) to be inserted into Title 9 (Public Peace, Morals, and Welfare) as Chapter 9.26. Pursuant to the draft ordinance, any responsible person who allows underage persons to consume or possess alcoholic beverages in a residence or other private property (except under the supervision of a parent or guardian in connection with a cultural or religious activity) could be issued an administrative citation. Similar to the recently-adopted short-term rental citations, the fines for violation of the social host ordinance would be $2,500 for the first offense, $5,000 for the second and $7,500 for the third and subsequent offenses. Attachment D provides a comparison of Manhattan Beach and Hermosa Beach s citation amounts. Staff s suggested fine structure falls within the range of these two cities amounts. 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. RPVMC Chapter 9.24 (Law Enforcement Expenses Caused By Unruly Parties And Gatherings) currently provides that if the responsible party for an unruly party or gathering does not voluntarily stop the nuisance, and additional law enforcement or emergency response personnel are called upon to respond on behalf of the City in order to abate the nuisance, the responsible person shall be liable for the City s costs incurred in the abatement of the nuisance. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council s consideration: 2
1. Introduce the draft social host ordinance with changes to the administrative citation amounts. 2. Do not introduce the draft social host ordinance. 3
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, WHEREAS, WHEREAS, 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 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 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 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, RESOLVED, 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 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 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 A-1
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, Sacramento, CA 95816 916.440.1985 A-2
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 information, 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, Sacramento, CA 95816 916.440.1985 A-3
What is a social host ordinance? Social Host Frequently Asked Questions 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 11 th 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 11 th 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 B-1
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 B-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) TO 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 time higher incidence of physical assault and a 12 time 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 of 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, 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, C-1
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 its advocacy for the 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. 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 loud or unruly 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; Ordinance No. Page 2 of 5 C-2
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 onehalf (½) 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 loud or unruly gathering is conducted, including, but 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 the loud or unruly 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 loud or unruly 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. 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. 9.26.040. 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: Ordinance No. Page 3 of 5 C-3
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. 9.26.050. In addition to the administrative penalties set forth in this chapter, 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. Section 4: 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 5: 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. Ordinance No. Page 4 of 5 C-4
PASSED, APPROVED AND ADOPTED this th day of March 2017. Brian Campbell, Mayor ATTEST: Teresa Takaoka, Acting City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, TERESA TAKAOKA, Acting City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. passed first reading on February 21, 2017, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on, 2017, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ACTING CITY CLERK Ordinance No. Page 5 of 5 C-5
Social Host Ordinances in the Beach Cities Protecting Teens from Underage Drinking Social Host Civil Liability Ordinances Law enforcement officials may issue citations to any adult who allows underage drinking on any private property for which they are responsible. Manhattan Beach (Effective: March 20, 2007) 1st Offense $1,000.00 2nd Offense $2,000.00 3rd Offense $5,000.00 81% of MB youth surveyed reported they get alcohol at house parties. (BHS/NCADD Survey 2012) Hermosa Beach (Effective : June 14, 2016) 1st Offense $ 2,500.00 2nd Offense $ 5,000.00 3rd Offense $10,000.00 65% of HB youth surveyed reported they get alcohol at house parties. (BHS/NCADD Survey 2012) National Data: Youth who started using alcohol before age 15 are almost 6 times more likely to develop problems such as alcohol abuse or alcoholism Iater in life. (SAMHSA) For more information, email Raunda Frank, Rfrank@bhs-inc.org and like us on Facebook @ Behavioral Health Services, Inc. This material was made possible by funds from the Los Angeles County Department of Public Health, Substance Abuse Prevention and Control. D-1