§ 4-18.04. Definitions.

The terms used in this chapter have the meaning provided by State law except as expressly provided herein.

(a)

"Adult" is any person over the age of eighteen (18) years.

(b)

(1)

"Alcoholic beverage" means and includes any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, alcoholic beverages as defined in Section 23004 of the Business and Professions Code, intoxicating liquor, malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy, and any mixture containing one or more alcoholic beverages. Alcoholic beverage includes a mixture of one or more alcoholic beverages whether found or ingested separately or as a mixture.

(2)

"Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

(c)

"Response costs" are the costs associated with response by law enforcement, fire, or other emergency response providers to a gathering, including, but not limited to: (1) salaries and benefits of law enforcement, code enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative cost associated with or attributed to such response(s); (2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering; (3) the cost of repairing any City equipment or property damaged, and the cost of the use of any such equipment in, responding to, remaining at, or leaving the scene of a gathering; and (4) any other allowable costs related to enforcement of Sections 4-18.05 and 4-18.06.

(d)

"Family gathering" is a gathering where each minor present is supervised by his or her parent or legal guardian.

(e)

"Legal guardian" means: (1) a person who, by court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.

(f)

"Minor" is any person under the age of twenty-one (21) years.

(g)

"Juvenile" is any person under the age of eighteen (18) years.

(h)

"Parent" is a person who is a natural parent, adoptive parent, foster parent, or step-parent of another person.

(i)

"Gathering" is a party, gathering or event where a group of two (2) or more persons have assembled or are assembling for a social occasion or social activity.

(j)

"Premise" means any residence or other private property, place, or premises, including any commercial or business premises.

(k)

"Social host" is a person who knowingly hosts, permits, or allows a gathering to take place where one (1) or more minors consume one (1) or more alcoholic beverages on property owned or controlled by the person and the person knows or reasonably should have known that the minor is consuming or has consumed an alcoholic beverage.

(l)

"Responsible person" means a person or persons with a right of possession in the premises including, but not limited to:

(1)

An owner of the residence or other private property, place or premises, including any commercial or business premises;

(2)

A tenant or lessee of the residence or other private property, place or premises, including any commercial or business premises;

(3)

The landlord of another person responsible for the gathering;

(4)

The person(s) in charge of the residence or other private property, place or premises, including commercial or business premises;

(5)

The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering; and

(6)

If a responsible person or social host for the party or gathering is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to this chapter. To incur liability for response costs imposed by this chapter, the responsible person or social host for the gathering must be aware of the gathering, but need not be present at such gathering which results in the imposition of response costs pursuant to this chapter.

(Ord. 3437-C.S., § 1, effective 4-26-07)