Roll Call Training Bulletin - 2014

Roll Call Training Bulletin Produced by: Mike Hight, PSU Prepared by: Sgt. Alisa Bu ckley, Government Affairs & Sacramento City Attorney’s Office Rick Braziel, Chief of Police Volume 14 Page | 1 February 16, 2011 SOCIAL HOST ORDINANCE Changes to Chapter 9.12 of the Sacramento City Code Effective December 22, 2010, the Sacramento City Council a dopted the addition of Article IV to Chapter 9.12 of the Sacramento City Code relating to social host liability for alcohol consumption by minors. The purpose of this article was to prohibit the hosting, permitting or allowing of gatherings where minors are consuming alcoholic beverages and holding persons who allow these gatherings responsible for the nuisances created by and the costs associated with responding to such gatherings. 9.12.200 Definitions. • Family gathering - a gathering where each minor present is supervised by his or her parent or guardian. • Gathering - any party, event or other meeting wh ere two or more persons have assembled or are assembling for a social occasion or social activity. • Guardian - a person who by court orde r is the guardian of a minor, or a public or private agency with whom a minor has been placed by the court. • Host a gathering - to permit or allow a gathering to take place. • Juvenile - a person under the age of 18. • Minor - a person under the age of 21. • Parent - a person who is a natural parent, adopt ive parent, foster pare nt or step-parent. • Response costs - costs associated with law enfor cement, fire, or other emergency response personnel responding to, remaining at or l eaving the scene of a gathering including but not limited to: 1. Salaries and benefits of law enforcement, fire, or other emergency response personnel. 2. Administrative costs. 3. The cost of any medical treatment of injuries to any law enforcement, fire or other emergency response personnel. 4. The cost of the use of City equipment. 5. The cost of repairing any damaged City equipment or property. 6. Any other costs related to the enforcement of this article. • Social host - a person who hosts a gathering including but not limited to the following: 1. The owner, tenant, landlord, propert y manager or person in charge of the private property where the gathering takes place. 2. The person who organizes, supervises , officiates, conducts, controls or is otherwise in charge of a gathering. Roll Call Training Bulletin Produced by: Mike Hight, PSU Prepared by: Sgt. Alisa Bu ckley, Government Affairs & Sacramento City Attorney’s Office Rick Braziel, Chief of Police Volume 14 Page | 2 9.12.210 Consumption of alcohol by a mino r on private property prohibited. Except as provided by Section 9.12.230 (below), no minor shall consume any alcoholic beverage on private property. 9.12.220 Hosting a gathering where minors consume alcoholic beverages prohibited. Except as provided by Section 9.12.230 (below), no pers on shall host a gathering on private property where such person knows or reasonably shoul d know that alcoholic beverages are being served to, possessed by or consumed by a minor. It shall be a rebuttable presumption that the person knew or should have known that alcoholic beverages are be ing served to, possessed by or consumed by a minor. 9.12.230 Exemptions. A. The provisions of Sections 9.12.210 and 9.12.220 (above) shall NOT apply to: 1. Conduct involving the use of alcoholic bevera ges as permitted under federal or State law. 2. Premises regulated by the California Depart ment of Alcohol and Beverage Control. 3. A family gathering. B. The provision of Section 9.12.220 shall NOT apply to a social host who ini tiates contact with law enforcement to assist in the removal of any person from a gathering or terminating the gathering in order to comply with this article, provided that such reque st by made BEFORE any ot her person contacts law enforcement to complain about the gathering. C. The provision of Section 9.12.220 shall NOT apply to landlords, property managers, and similar owner agents of such private property, with the SOLE EXCEPTION of any owner who, whether on a temporary or permanent basis, leases, rents or allo ws the use of such private property by or to a family member for any purpose with or without compensation. 9.12.240 Recovery of response costs. A. The response costs incurred for the SECOND and ANY subsequent response within any 60-DAY PERIOD to the SAME PROPERTY for a violation of this article shall be imposed on a social host. All social hosts in violation of Section 9.12.220 for the same gathering sh all be jointly an d severally liable for the response costs incurred in response to their gathering. If the social host who is in violation of Section 9.12.220 and liable for the response costs is a juvenile, the juvenile and the parent of such juve nile shall be jointly and severally liable for the re sponse costs. The amount of response cost s shall constitute a debt owed to the City. B. Notice of the response costs will be served via first-class mail by the Police Department’s Fiscal Division. C. Payment for response costs shall be remitted to the City of Sacramento Revenue Division within 30 calendar days of the date