HomeMy WebLinkAboutMINUTES - 10142008 - C.24 TO: BOARD OF SUPERVISORS -8 Contra
FROM: SUPERVISOR MARY NEJEDLY PIEPHO g + Costa
DATE: OCTOBER 2, 2008 County
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SUBJECT: SOCIAL HOST ORDINANCE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
ADOPT Ordinance Number 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 twenty-one.
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: ❑ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE
APPROVE ❑ OTHER
SIGNATURE(S):
ACTION OF BOARD ON /V, Y�
APPROVED AS RECOMMENDED [✓OTHER ❑
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT 1 ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: C�,66 ye-'se, e4y ptFi
Contact: Lea Castleberry DAVID TWA,CLERK OF THE BOARD OF
Supervisor Mary N.Piepho Office SUPERVISORS AND COUNTY ADMINISTRATOR
(925)820-8683 � /
cc: Sheriff's Department By: 16744` Deputy
District Attorney's Office -�
County Administrator
County Counsel's Office
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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:
F•
(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,§
SECTION Ill. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once-with the names of supervisors voting for
or against it in the Contra Costa Times,a newspaper published in this County.
PASSED on OCTOBER '14, 2008 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, .PIEPHO.AND BONILLA
NOES: NONE
ABSENT: SUPERVISOR FEDERAL GLOVER
ABSTAIN: NONE
ATTEST: DAVID TWA,
Clerk of the Board of Supervisors Board Chair
and County Administrator
By _ [SEAL]
eputY r E e D o
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ORDINANCE NO. 2008-25
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"CCT Legals" To "Emelda Sharp"<EShar@cob.cccounty.us>
<cctlegals@bayareanewsgro
` up.com> cc
10/14/2008 10:34 AM bcc
Subject RE:ADOPTION OF ORDINANCE NO.2008-25
done. ad#2969594.
Legal Advertising
Contra Costa Times - Concord Transcript- Lamorinda SUN
Bay Area News Group- East Bay
Ph: 925-943-8019
Fx: 925-952-5019
From: Emelda Sharp [mailto:EShar@cob.cccounty.us]
Sent: Tue 10/14/08 10:24 AM
To: CCT Legals
Subject: Fw: ADOPTION OF ORDINANCE NO. 2008-25
Dear Jennifer,"
'I am sorry I forgot again my attachment
Here we go.
(See attached file:ADOPTION OF ORDINANCE NO. 2008-25.doc)
Emelda L. Sharp
Clerk of the Board
-----Forwarded by Emelda Sharp/COB/CCC on 10/14/2008 10:22 AM-----
Emelda Sharp/COB/CCC
10/14/2008 10:21 AM To
cctlegals@cctimes.com
cc
Subject
ADOPTION OF ORDINANCE NO. 2008-25
1