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Home My WebLink AboutMINUTES - 10072008 - SD.4 - SL. . Contra TO: BOARD OF SUPERVISORS CostaFROM: SUPERVISOR MARY NEJEDLY PIEPHO DATE: October 1, 2008 ,o - �s' County ST'`�COUIZ� SUBJECT: SOCIAL HOST ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION INTRODUCE Ordinance No. 2008-25, which provides that it is a misdemeanor for a person to host a gathering on private property where alcohol is consumed by any person under the age of 21, WAIVE reading, and FIX October 14, 2008 as the date-for adoption. FISCAL IMPACT No impact on the General Fund. BACKGROUND Members from the Contra Costa Alcohol and Other Drugs Advisory Board, Communities Against Substance Abuse (CASA), Friday Night Live, and San Ramon Valley Unified School District met with Supervisor Piepho's office to discuss the current epidemic among teens, teen drinking, and how the county may hold responsible parties more liable for underage drinking gatherings. The typical party occurs when parents are away, leaving underage children unsupervised. When these gatherings involve alcohol and other drugs, the frequent result is uninvited guests, neighborhood noise, fights, vandalism, alcohol related accidents, and teen death. The amendment is designed to fix responsibility and accountability on the party host who either ignores, encourages, or does not take any action to prevent the unlawful consumption of alcohol by minors. CONTINUED ON ATTACHMENT: V YES SIGNATURE: ❑ RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE ❑APPROVE ❑ OTHER SIGNATURE(S): An I ACTION OF BOARD ON APPROVED AS RECOMMENDED POTHER ❑ VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS(ABSENT- . ) ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: OCTOBER 7,2008 Contact: Lea Castleberry DAVID TWA,C RK OF THE BOARD OF Supervisor Mary N.Piepho Office SUPERVISO AND COUNTY ADMINISTRATOR (925)820-8683 (� cc: Sheriffs Departmentu District Attorney's Office County Administrator County Counsel's Office ORDINANCE NO.2008-25 SOCIAL HOST The Contra Costa County Board of Supervisors ordains as follows(omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance provides that it is a misdemeanor for persons to host a gathering on private property where alcohol is consumed by any person under the age of 21. SECTION II. Chapter 54-3 of the County Ordinance Code is repealed in its entirety and is replaced by new Chapter 54-3,added by this Section II. Chapter 54-3 SOCIAL HOST 54-3.002 Title. This chapter is known and may be cited as the Contra Costa County Social Host Ordinance. (Ord. 2008-25, §2.) 54-3.004 Findings. The board of supervisors hereby finds:(1)that underage drinking is a serious threat to public health and safety;(2)that gatherings on private property where alcohol is consumed by juveniles is a serious problem in Contra Costa County;(3)that problems associated with such gatherings are difficult to resolve unless the sheriff's office has additional ability to hold those persons who host such gatherings responsible;and(4)that the sheriff's ability to enforce this ordinance against hosts of juvenile gatherings will result in a decrease in juvenile abuse of intoxicants,physical fights,vandalism,noise disturbances,and other alcohol related incidents. (Ord.2008-25, §2;91-51 §1). 54-3.006 Definitions. For purposes of this chapter,the following words and phrases have the following meanings: (a) "Gathering"means a group of persons who have assembled,or are assembling,for a social occasion or for a social activity. (b) "Place of residence'means private property that is owned,rented or leased by a person. (Ord.2008-25 § 2;91-51, § 1). ORDINANCE NO.2008-25 1 54-3.008 Unlawful juvenile gatherings on private property.. (a) No person shall suffer,permit,allow,or host a gathering at his or her place of residence or other private property under his or her control where three or more persons under the age of 21 are present and where alcoholic beverages are in the possession of,or are being consumed by,any person under the age of 21. (b) A violation of this chapter is a misdemeanor,punishable by imprisonment in the county jail not exceeding six months,or by fine not exceeding one thousand dollars($1,000),or by both. (c) This chapter does not apply to any gathering involving the use of alcoholic beverages that is protected by Article 1,Section 4 of the California Constitution.(Ord.2008-25, § 2;91- 51, § 1). CTION M. ]EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, an 'thin 15 days after passage shall be published once with the names of supervisors voting for or agai it in the Contra Costa Times,a newspaper published in this County. PASSED on by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DAVID TWA, Clerk of the Board of Supervisors Board Chair and County Administrator By: [SEAL] Deputy ORDINANCE NO.2008-25 2 SDA October 7, 2008 The following people spoke in favor of Ordinance No. 2008-25,which provides that it is a misdemeanor for a person to host a gathering on private property where alcohol is consumed by any person under the age of 21: Robin Kelley, resident of Danville; Mary Lopez, Alcohol and Other Drugs Advisory Board; Emily Justice, Center for Human Development; Harold Parsley, Alcohol and Other Drugs Advisory Board. Attached: Letter of support from Alcohol and Other Drugs Advisory Board, dated October 7,2008. JL...... of Alcohol and Other Drugs Advisory Board of Contra Costa County 01 597 Center Avenue Suite 320 Martinez, CA 94553 co (925) 313-6311 fax (925) 313-6390 Supervisorial Districts October 7, 2008 District 1 Joel Fort, M.D. Contra Costa County Board of Supervisors Vacant Vacant 651 Pine Street Martinez, CA 94553 District 2' RE: Social Host Ordinance Richard Christian Judy Clayton Dear Board of Supervisors: Vacant The Contra Costa County Alcohol and Other Drugs Advisory Board would like to show its support in your approving the revisions to the current Social District 3 Host Ordinance. Higher accountability must be placed on those who would Vacant Ann aKelley allow underage drinking to occur on their premises and we must do all we can Vacant Vacant to prevent the negative impact on our society that these "gatherings"produce. Should this revision be passed, we feel that education and intervention will also play an integral role in the Ordinances' purpose. The higher District 4 consequences imposed by this ordinance can also better educate the public Harold E. Parsley about the dangers of underage drinking,thus further ensuring the safety of our Judy Bastin children and young adults. Many.incidents involving alcohol consumption by Gayle Hansen minors can be early signs of addiction and early intervention can provide more than punitive consequences alone. District 5 The Board would like you to also consider, now, or in the future, the Cheryl Barrett following: Offenders may be required to attend an informative class on the Greg Moore Vacant dangers of exposing youth to alcohol. These classes could be much like the domestic violence and drunken driving classes that take place in the county now. This would be at zero cost to the County, as offenders would be At Large Members required to infer the cost. Tom Aswad James Doyle Also, in anticipation of its passage, we would like to note that without the co- Vacant operation of the Sheriffs Department, this Ordinance, which is designed around public safety, will have no chance of succeeding in its intents and purposes. The Advisory Board recognizes the challenges that Law Enforcement personnel are faced with, however we encourage the Sheriffs Department to use the Social Host Ordinance as a tool to reduce the amount of underage use of alcohol and the tragic incidents that follow. Hopefully, City police departments in the County can be encouraged to join in this very "The Mission of the Alcohol and Other Drugs Advisory Board of.Contra Costa County is to assess family and community needs regarding prevention and treatment of alcohol and other drug related problems. We report the findings to the Health Services Department and the Board of Supervisors and we advocate for the communities that we serve" important effort. The Alcohol and Other Drugs Advisory Board would like to take this opportunity to recognize Supervisor Mary Piepho, and her Staff for recognizing the issue of adult hosted parties for underage Youth and taking prompt action. Sincerely, Katy Ann Kelly Pro-Tem Chair, Alcohol and Other Drugs Advisory Board d