CC Ordinance No. 18-2172 Adding Chapter 10.05 Social Host Responsibility to the Cupertino Municial Code, Aricle 10 Public Peace and Morals to Deter Underage Drinking and Drug Use at Social EventsORDINANCE NO. 18-2172
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADDING CHAPTER 10.05 "SOCIAL HOST RESPONSIBILITY" TO THE
CUPERTINO MUNICIPAL CODE, ARTICLE 10 "PUBLIC PEACE AND
MORALS" TO DETER UNDERAGE DRINKING AND DRUG USE AT SOCIAL
EVENTS/GATHERINGS
WHEREAS, the City of Cupertino is empowered under the California Constitution and
state law to exercise police powers to enact laws that promote the public health, safety
and general welfare of its residents;
WHEREAS, drinking alcoholic beverages and using illegal drugs is detrimental to health
and a threat to the peace, safety, and quiet enjoyment of neighboring residents as well as
the general welfare of the public. According to the Drug Abuse Warning Network
(DAWN), nearly 188,000 alcohol-related emergency department (ED) visits in 2011
involved patients aged 12 to 20 . Of these visits, 20 % resulted in a serious outcome
including admission to the hospital, transfer to another health care facility, or death.
Visits involving alcohol and other drugs were more likely than visits involving alcohol
only to result in a serious outcome (33 vs. 12 percent)1;
WHEREAS, in 2005, an American Medical Association survey showed that the most
common connection between a minor and drinking alcoholic beverages at a party was
the adult who either provided the alcohol or provided the setting where underage
drinking could occur. 2
WHEREAS, some private gatherings and events held at private residences, rented
residential premises, or rented commercial premises in the City, may allow minors and
underage persons to consume alcoholic beverages or use controlled substances;
WHEREAS, adult and minor persons responsible for hosting private gatherings/events
attended by minors and underage persons should take responsibility for the event,
supervise minors, and ensure that alcoholic beverages or controlled substances are not
served to or consumed by underage persons;
1 Drug Abuse Warning Network (DAWN). National Estimates of Drug -Related Emergency Department Visits (2011).
Available at : https://www.samhsa.gov/data/sites/defau1t/files/DAWN2k11ED/DAWN2k11ED/DAWN2k11ED.pdf.
2 American Medical Association (AMA). Adults Most Common Source of Alcohol for Teens, According to Poll of
Teens 13 -18 (2005). Available at: http://www.alcoholpolicymd .com/press room/Press releases/adults give youth alcohol.htm .
Ordinance No. 18-2172
Page 2
WHEREAS, problems associated with private gatherings involving underage persons
drinking alcohol or using controlled substances can be difficult to prevent and deter, and
law enforcement requires additional methods to deal with underage drinking and its
attendant problems;
WHEREAS, imposing reasonable fines on social hosts will encourage more
supervision and responsibility for these events, and requiring offending minor social
hosts to face consequences such as attending a substance abuse class and performing
community service will serve to educate them on the risks of using drugs or
consuming alcohol, deterring them from allowing underage drinking at future social
gatherings;
WHEREAS, research on social host laws show that teens are less likely to engage in
social drinking in communities with social host policies.3
WHEREAS, the City's Teen Commission and Public Safety Commission both
unanimously recommend that the City Council adopt this Social Host Responsibility
Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CUPERTINO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.05 "Social Host Responsibility" is added to Title 10 "Public
Peace, Safety and Morals" of the Cupertino Municipal Code, as follows:
CHAPTER 10.05 SOCIAL HOST RESPONSIBILITY
Section
10 .05.005
10.05.010
10 .05.020
10.05.030
10 .05.040
10.05.005
Definitions
Unlawful
Penalties
Remedies Cumulative
Exceptions
Definitions.
For purposes of this chapter, the following terms shall have the following meanings :
"Alcoholic beverage" means alcoho l, spirits, liquor, wine, beer, and every liquid or solid
containing alcohol, spirits, wine, or beer that contain one-half of one percent (0.005) or
3 Wagoner, K. G., Sparks, M ., Francisco, V. T., Wyrick, D., Nichols, T., & Wolfson, M . (2013). Social host policies and
underage drinking parties . Substance use & misuse, 48(1 -2), 41-53
Thomas, S., Paschall, M . J., Grube, J. W ., Cannon, C., & Treffers, R. (2012). Underage alcohol policies across 50
California cities : an asses sment of be st practices . Sub stance abuse treatment, prevention, and policy , 7(1), 1.
OrdinanceNo .18-2172
Page 3
more of alcohol by volume; and is fit for beverage purposes either alone or when diluted,
mixed, or combined with other substances. (California Business and Professional Code
Section 23004).
"Controlled substance" means a drug or substance whose possession and use are
regulated under the California Controlled Substances Act (California Health and Safety
Code Section 11000 et seq.). Such term does not include any drug or substance for which
the individual found to have consumed or possessed such substance has a valid
prescription issued by a licensed medical practitioner authorized to issue such a
prescription.
"Minor" means any person less than eighteen (18) years of age.
"Property" means private property, rented residential premises, or rented commercial
residences; including, but not limited to, a home, yard, garage, 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, for a party or other
social function, and whether owned, leased, rented, or used with or without
compensation.
"Event" means a party or gathering where a group of three or more persons assemble
for a social occasion or a social activity or for entertainment.
"Social Host" means an adult or underage person responsible for the Event. An Adult
Social Host or a Minor Social Host are responsible for the Event if:
1. The person owns, rents, leases or otherwise has control of the premises where the
party, gathering or event takes place irrespective of whether such person knew of
the event or knew or intended that alcoholic beverages would be possessed or
consumed by minors; provided, however, tha~ the term "person" shall not include
the owner of the premises where the owner leases or rents the premises to a third
party and has no actual knowledge that the party, gathering or event in question
would take place on the premises, unless the owner or owner's representative has
received written notice pursuant to Section 10.05.020; or
2. The person is present during the Event; or
3. The person is in charge of the premises; or
4. The person organized or advertised the event
5. If the Event involves a Minor Social Host, the parents or guardians will be
considered persons responsible and held jointly and severally liable for
penalties imposed pursuant to this chapter, irrespective of whether the parent(s)
knew or should have known of the Event or that alcoholic beverages or drugs
were intended to be made available to minors.
Ordinance No. 18 -2172
Page 4
"Loud party, gathering or event" shall mean an incident that results in a "noise
disturbance" which disturbs the peace and quiet of a neighborhood or which causes
discomfort or annoyance to any reasonable person of normal sensitivity residing in the
neighborhood, as defined in Chapter 10.48 of the Cupertino Municipal Code.
"Unruly party, gathering or event" is any incident that threatens the public health,
safety or welfare and is unlawful under the provisions of this Code or the laws of the
State of California.
"Underage person" means any person under twenty-one (21) years of age.
10.05.010 Unlawful.
It shall be unlawful and a public nuisance for any person to host an Event on Property
where either alcohol or controlled substances are served to, consumed by, made available
to, or in the possession of minors or underage persons, or where said substances are
allowed to be used or ingested by minors or underage persons.
10.05.020 Penalties.
Violations of this Chapter shall constitute a civil infraction subject to enforcement by the
Santa Clara County Sheriff or the City's code enforcement officers, as follows:
(1) Adult Social Hosts and the parents or guardians of Minor Social Hosts shall be
subject to the following fines and penalties for violations:
(a) Issuance of a written warning and a cease and desist notice on the first
offense/violation, as determined by the Sheriff or City Code Enforcement Officer
within their discretion;
(b) A fine not exceeding five hundred dollars ($500.00) for a second violation
occurring within one (1) year of the written warning; and
(c) A fine not exceeding one thousand dollars ($1,000.00) for a third violation and
any subsequent violation occurring within a one year period.
(2) Minor Social Hosts shall be required to:
(a) Complete a sheriff-approved alcohol and drug abuse prevention course after the
first violation; and
(b) Twenty-five (25) hours of community service for the second violation occurring
within a one year period; and
(d) Forty (40) hours of community service for the third violation and any subsequent
violation occurring within a one year period.
10.05.030 Remedies Cumulative.
Ordinance No . 18-2172
Page 5
Remedies under this Chapter are cumulative and not exclusive. They are in addition to
and do not supersede or limit any and all other remedies, civil or criminal, provided by
law.
SECTION 2. INAPPLICABILITY.
Nothing in this Chapter is intended to apply to activities that are constitutionally
protected or authorized by law.
SECTION 3. CEQA EXEMPTION
The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section
15378(b )(2), that this ordinance is exempt from the requirements of the California
Environmental Quality Act (CEQA) in that the adoption of an ordinance of general policy
and procedure does not constitute a project within the meaning of CEQA.
SECTION 4. SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days from and after adoption
as provided by Government Code Section 36937.
SECTION 6. CERTIFICATION.
The City Clerk shall certify the adoption of this Ordinance and shall give notice of its
adoption as required by law. Pursuant to Government Code Section 36933, a summary of
this Ordinance may be published and posted in lieu of publication and posting of the
entire text.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 6th
day of March, 2018 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 20th of March 2018, by the following vote:
Ordinance No. 18-2172
Page 6
AYES :
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Paul, Chang, Vaidhyanathan
Scharf
Sinks
None
APPROVED:
Grace Schmidt, City Clerk Darcy Paul, Mayor,
City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 18-2172, which was
enacted on March 20, 2018, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 22nd day of March, 2018.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California