Rialto Municipal Code Chapter 9.48 Social Host Ordinance

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1 Rialto Municipal Code Chapter 9.48 Social Host Ordinance Captain Tony Farrar Rialto Police Department

2 What is Social Host? Social host refers to adults who host parties where alcohol is served on property the control. Through social host liability laws, adults can be held responsible for these parties if underage persons are served, regardless of who furnished the alcohol.

3 Component Number #1 The first component addresses accountability for gatherings where alcohol, marijuana, or other controlled substances are served to, consumed by, or in possession of underage persons.

4 Component Number #2 The second component creates accountability for loud and unruly gatherings on private property which create a nuisance due to excessive noise, traffic, public drunkenness, violence, disturbance of the peace, or other disturbances.

5 Social Host Ordinance This ordinance makes it illegal for any person having control of any premises to knowingly host, permit, or allow a gathering to take place where at least one minor consumes an alcoholic beverage when the person in control of the location reasonably should have known that minor consumed alcohol.

6 Unruly Gathering The unruly gathering law would hold accountable owners, tenants, hosts and/or a minors parents that have knowledge or should have had knowledge that a subject property is used to host a gathering that results in a public nuisance.

7 What a Social Host Ordinance Would Change 1. Holds party hosts responsible for providing a location where underage drinking occurs 2. Close the loophole in the law by making consumption of alcohol by minors illegal on private property 3. Give law enforcement an extra tool to deal with underage drinking parties Criminal Penalties Civil penalties Administrative fines Cost recovery for law enforcement services

8 What a Social Host Ordinance Wouldn t Change 1. Constitutional Rights To determine how your children are introduced to alcohol Religious Ceremonies 2. Peaceful Gatherings Enforcement is Complaint Driven Only applies to unruly gatherings

9 Civil Penalties - Social Host For the first violation - $ For the second violation - $1, For any subsequent violation by he same person occurring within one year of the first violation - $1,500.00

10 Civil Penalties - Unruly Gatherings Civil penalties shall be assessed against ALL responsible persons for the City s intervention to abate a gathering constituting a Public Nuisance.

11 Civil Penalties Continued For the second response in any 90-day period - $ For the third response in any 90-day period - $1, For any further response in any 90-day period - $2, for each subsequent response

12 Civil Penalty for Violation of Unruly Gathering Posting The civil penalty for removal or defacement of the Notice of Unruly Gathering posted at the offending premises is $500.00, in addition to any other applicable penalties set forth in the Rialto Municipal Code or other provision of law.

13 Additional Penalties of Social Host or Unruly Gatherings If full payment of said penalties is not received within the required time, the bill will be delinquent, and all responsible persons liable for civil penalties shall be charged interest at the maximum legal rate from the date the payment period expires and a further penalty in the amount of $

14 Posting of Notice of Unruly Gathering When the City intervenes at a gathering that constitutes a public nuisance under this section, the premises at which the nuisance occurred shall be posted with a notice,, This notice shall remain for a period of 90-days.

15 Mailing of Notice to Property Owner A notice of police intervention shall also be mailed to the owner of the offending property at the address shown on the City s tax assessment records.

16 Summary: Why We Need a Social Host Ordinance! 1. It will reduce the likelihood of DUI-related crashes, violence, property damage, sexual assault 2. It will protect kids from the long-term problems related to underage drinking 3. By reducing disruptive activity in the community, it will improve the quality of life 4. It will free up law enforcement resources to address other crime.

17 City/County Social Host Ordinances in California Currently, 52 cities and 8 counties identified in CA as having social host ordinances More than 150 cities or counties and 24 states have adopted social host ordinances Recently: Ontario Fontana Rancho Cucamonga

18 For More Information If you have additional questions, please refer to City of Rialto Municipal Code 9.48 or contact Captain Tony Farrar at: