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HomeMy WebLinkAbout05/15/2001, 1 - AN ORDINANCE ADDING CHAPTER 9.05 TO THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING HOSTING A GATHERIN s COUncit j acEnba Rpm I"N.b. CITY OF SAN LUIS OBISPO FROM: James M. Gardiner, Chief of Policei! � Prepared By: Kathe Bishop, Management Assistant �b SUBJECT: AN ORDINANCE ADDING CHAPTER 9.05 TO THE.SAN LUIS OBISPO MUNICIPAL CODE REGARDING HOSTING A GATHERING WHERE UNDERAGE PERSONS CONSUME ALCOHOL CAO RECOMMENDATION Introduce to print an Ordinance adding Chapter 9.05 to the San Luis Obispo Municipal Code regarding Hosting a Gathering Where Underage Persons Consume Alcohol. DISCUSSION Overview: Link to Council's Major City Goals For the current Financial Plan period(1999-01), the City Council adopted two major City goals relevant to this ordinance: ' 1. Public Safety Services. Support ongoing public safety services...with a special emphasis on neighborhoods and the downtowns and 2. Neighborhood Preservation and Enhancement. Work proactively to maintain and enhance the traditional qualities of San Luis Obispo neighborhoods... This ordinance is intended to serve as one more proactive action by the City to respond to these important Council goals. Background Residents in the City of San Luis Obispo are affected by problems concerning the underage consumption of alcohol. Parents, student government organizations, educational administrators, drug and alcohol counselors, neighborhood organizations, and law enforcement officers all have expressed concerns that underage drinking is having an increasingly deleterious impact on the safety of our community members. Recent studies done by San Luis Obispo County schools and university officials both have determined that the frequency and amount of alcohol use by underage drinkers has been on the increase. Enforcement statistics from the San Luis Obispo Police Department (SLOPD) and the Cal Poly Police Department mirror the studies. With increased emphasis on alcohol enforcement, the SLOPD showed liquor violations up 58% and drunk arrests up 37% in calendar year 2000. 1 r Council Agenda Report—Hosting a Gathering Where Underage Persons Consume Alcohol Page 2 Many of these involved underage subjects. On the campus of Cal Poly, during the 1999-2000 school year 656 alcohol related violations were reported in on-campus housing. Virtually all of these students are under the age of 21. Another component of these statistics is the number of victims which result from underage consumption. While high profile cases have highlighted deaths and serious injury, other statistics involving sexual assault, fights, and other disorderly conduct demonstrate that underage drinking is a major contributor to young people becoming victims or suspects of criminal activity. Education and prevention efforts have been an on-going part of the strategies for dealing with this problem. Programs in our elementary and secondary schools offer a wide range of teacher and peer supported options for education and prevention. Both Cal Poly and Cuesta College provide programs for entering students as well as ongoing intervention and support programs. The Police Department partners with virtually all the educational programs. The Department also conducts proactive prevention and education programs targeted at the underage drinker and alcohol providers. In short, there are many coordinated and collaborative programs dealing with underage drinking in our community. While these education, prevention, and enforcement. programs must continue to do their respective parts in dealing with the problem, it is clear that we need to find other avenues to develop a community-wide awareness and acceptance of responsibility for deterring underage drinking. Similar to strategies like those which changed our societal view of driving under the influence or smoking in public places, we must develop community standards that will deter underage drinking and provide consequences for those who provide venues for this activity to occur. Chapter 9.05 Introduction Though the State has the exclusive power to regulate possession of alcohol, it is up to local jurisdictions to regulate consumption of alcohol. With assistance from our School Resource Officer and the City Attorney's Office, we looked to other communities who have been having similar problems. After review of ordinances in Santa Rosa, Petaluma and Los Altos and relevant case law,we developed the suggested Code section(attachment 1) that we believe meets our community's needs and stands the test of constitutionality. We are recommending the addition of Chapter 9.05 entitled "Hosting a Gathering Where Underage Persons Consume Alcohol" to the Municipal Code. It will provide the City with a mechanism to help deter underage consumption of alcohol in our community by establishing sanctions for those who host events allowing the underage consumption of alcohol. Chapter 9.05, as recommended makes it unlawful for any person to permit, allow, or host a party, gathering, or event at his or her place of residence or other premises under his or her control where five or more persons under the age of 21 years are present and alcoholic beverages are being consumed by three or more persons under the age of 21 years at that location. A violation of this recommended Municipal Code section is an infraction and deemed to be a threat to the public peace, health, safety, and general welfare and is therefore subject to Second Response �-a Council Agenda Report—Hosting a Gathering Where Underage Persons Consume Alcohol Page 3 Cost Recovery pursuant to San Luis Obispo Code Section 9.21.050. Currently, parties and gatherings are often addressed through the City's noise ordinance regulations. However, this recommended section would put in place an operative method for holding the host of a gathering responsible for parties in his or her place of residence, where alcohol is consumed as defined. The presence of this section will discourage people from hosting gatherings where alcohol is consumed by persons under 21 years of age, as they will be held accountable. The suggested Municipal Code section will provide an effective tool to deal with these cases. While the number of actual cases in which the ordinance is used may be limited, the fact that the ordinance is present should deter some of the more egregious violators. In talking with Santa Rosa officials, they have found that the ordinance has been effective in helping to control chronic violators. They were also quick to point out that it will not solve the entire problem. They still must maintain a visible police presence and utilize other community resources to deal with the related problems. If this ordinance were adopted, the Department would closely follow the recommendations of the City Attorney and use this ordinance with discretion. CONCURRENCES The Department has been working for over three years with involved community groups. Particular emphasis was placed on working with the Student Community Liaison Committee (SCLC). Indeed, the ordinance has had several modifications from its original form in response to input from SCLC subcommittees and members. These modifications included the number of underage drinkers needed to constitute a violation and making the ordinance an infraction rather than a misdemeanor. Additionally, Department staff made a number of presentations to other student groups regarding this ordinance and alcohol enforcement in general. Both the student government organizations of Cuesta College (ASCC) and Cal Poly (ASI) acknowledge that underage drinking and alcohol abuse are serious problems in the community and are aware of the hazards to health and property caused by underage consumption of alcohol. The ASCC has twice adopted resolutions in support of the ordinance (Attachment 2). While identifying the significance of the problem, the ASI adopted resolution does not support the ordinance and requested that the City look into more education programs (1997) and to negotiate with the City on the proposed ordinance(2001) (Attachment 3). The ASI President indicated that it would be more acceptable if the ordinance required a citation to be issued to an underage drinker before the host could be cited. As a matter of practical application and experience, it is often difficult to find a minor in actual possession of an alcohol container once they know officers are present. Therefore, the Department feels that, to be most effective, the ordinance should not be changed to reflect the ASI request. As is current practice, officers will continue to cite any and all other violations at a location where the proposed ordinance will apply. Both the administrations of Cal Poly and Cuesta College are in support of the ordinance (Attachments 4 & 5). Support has also been received from the San Luis Coastal Unified School District, Residents for Quality Neighborhoods, and the Tiger Parents of San Luis Obispo High School (Attachments 6, 7, & 8). /-3 Council Agenda Report—Hosting a Gathering Where Underage Persons Consume Alcohol Page 4 FISCAL IMPACT The presence of this Municipal Code would deter some underage alcohol consumption and likely reduce other offenses associated with alcohol consumption. A hosting violation is deemed to be a threat to the public peace, health, safety, and general welfare and is therefore subject to Second Response Cost Recovery pursuant to San Luis Obispo. Any directly related costs will be recoverable. ALTERNATIVES The alternative to recommended Municipal Code Chapter 9.05 is to not adopt the ordinance. We would continue to try and deal with the existing problems in our community associated with alcohol consumption by underage persons with the options currently available to the Department. ATTACHMENTS 1. Proposed Ordinance Chapter 9.05 2. Cuesta College ASCC Resolution 3. Cal Poly ASI Resolution 4. Cal Poly Administration Letter 5. Cuesta College Administration Letter 6. San Luis Coastal Unified School District Letter 7. Residents for Quality Neighborhoods Letter 8. Tiger Parents Letter _ 1 � 1 ORDINANCE NO. (2001 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INTRODUCING TO PRINT CHAPTER 9.05 OF THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING HOSTING A GATHERING WHERE UNDERAGE PERSONS CONSUME ALCOHOL WHEREAS, residents of the City of San Luis Obispo are affected by problems concerning underage persons consuming alcohol; and WHEREAS, recent studies done by San Luis Obispo County schools and university officials have determined that the frequency and amount of alcohol use by underage drinkers has been on the increase; and WHEREAS, the proposed ordinance would deter some underage persons from consuming alcohol and likely reduce other offenses associated with alcohol consumption; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 9.05.010 of the San Luis Obispo Municipal Code is hereby added to read as follows: 9.05.010 Hosting a Gathering Where Underage Persons Consume Alcohol. Except as permitted by Article I, Section 4 of the California Constitution and by state law, it is unlawful for any person to permit, allow, or host a party, gathering, or event at.his or her place of residence or other private property, place or premises under his or her control where five or more persons under the age of 21 years are present and alcoholic beverages are being consumed by three or more persons under the age of 21 years at that location. A violation of this section is an infraction and deemed to be a threat to the public peace, health, safety, and general welfare and is therefore subject to Second Response Cost Recovery pursuant to San Luis Obispo Municipal Code 19.21.050. INTRODUCED on the day of 2001 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2001, on the following roll call vote: AYES.- NOES: YES:NOES: ABSENT: - I s ATTACID ENT 1 Ordinance No. (199x Series) Page 2 Mayor Allen Settle ATTEST: Lee Price, City Clerk 4APP OVED AS TO FORM: .1/ 4vooe Jeffrey G. Jorgensen, City Attorney oted Seo ATTACHMENT 2 m A.S.C.C. 11512;4 cou"A The Associated Students of Cuesta College HOSTING A GATHERING WITH UNDERAGE CONSUMPTION OF ALCOHOL Resolution 02-00 WHEREAS,the Associated Students of Cuesta College are recognized by Cuesta College as the official voice of its students; and; WHEREAS,44.4%of Cuesta College students reside in the City of San Luis Obispo, and are affected by problems within that community concerning underage consumption of alcohol, and; WHEREAS,the Student Senate on November 5, 1997, approved Resolution#5 regarding an alcohol ordinance be established, and; WHEREAS,the Associated Students of Cuesta College are aware of problems in the community of San Luis Obispo,dealing specifically with hazards to health and property caused by underage consumption of alcohol, and; WHEREAS,the Associated Students of Cuesta College recognize the need for more effective enforcement of laws which prohibit underage drinking of alcohol, and; NOW,THEREFORE, BE IT RESOLVED,that the Associated Students of Cuesta College support new ordinances, to be adopted by the City of San Luis Obispo,which give law enforcement the necessary tools to eliminate underage consumption of alcohol in our community. Approved by Executive Cabinet: November 30, 2000 Approved by Student Senate: December 6, 2000 Dated: December 6, 2000 Craig,,9.00barnell, President/Student Trustee 2000-2001 Date Associated Students of Cuesta College Associated.Students,Inc. California Polytechnic University ATTACHMENT 3 San Luis Obispo Resolution#04-06 ASI Stance on Proposed City Ordittuuee 9.05.010 ti W>IEREAS: ASI is the voice for the Cal-.Poly Student Body,and WHEREAS: 'MeCity of-San Luis Obispo is proposing Ordinance 9.o5,010 ...it is unlawful for any person to permig allow, or host a party, gathering, or event at his or her Place of residence or.other private properly place or premises under his or her control where five or more persons under the age of 21 years are present and alcoholic beverages are being consumed by three or more persons under the age of21 years at that location" WHEREAS: ASF acknowledges that underage drinking and alcohol abuse are serious problems in tV community, and VIIEREAS: ASI continues to support alcohol education and awareness m an attempt to prevent alcohol related problems, and VAIEREAS This City Ordinance places aft ofthe respo=bihty on the host,and WIERtEAS: .ASI believes that the responsibility for underage consumption falls solely on the minor,and WI�EREAS: Precedent was set by ASI Resolution#98-02 which unanimously opposed an identical city ordinance,and WBEREAS: Legisiation.already eadsts to combat underage drinidng and the ftuni&*of alcohol to manors. THEREFORE BE IT RESOLVED: A53 does not support proposed City Ordinance 9.05.011D, as written,and FURTHERMORE BE IT RESOLVED: ASI supports the ASI President in his negotiations with city officials, while consulting with an Ad Hoc committee of the Board of Directors,anis FURTHERMORE BE rr RESOLVED: The ASI President is requested to return to the ASI Board of Directors with information regarding-find proposed compromises,and FURTHERMORE BE IT RESOLVED: ASI requests titan San Luis Obispo City Council and Student Comanmiity Liaison Committee participate in negotiations regarding City Ordinance 9.05.0 10 with the ASI President,and / �V ATTACHMENT � FURTHERMORE BE rr RESOLVED: that copies of this Resolution be sent to: San Luis Obispo City Council Student Community Liaison Committee SLO Police Chief Tim Gardiner CERTIFIED as true ADOPTED at the regular meeting of and correct copy,in witness Board of Directors by a majority thereof I have set my hand and February 14,2001. seal of the Associated Students,Inc., this 141h day of February 2001. y6��rc�/ 1�'YapO'av7i &c%ary,ASI card irectors Chair, ASI Board of Directors �Qiv✓Iw/O� p ASI President 1 Co-Sponsored by: Angela Hacker,ASI Board of Directors, College of Liberal Arts Joseph M.Moses,ASI Board ofDirectors, College of Business Bryan Pennino,ASI Board of Directors, College of Engineering Jason Pucheu,ASI Board of Directors,College of Agriculture Simon Robertshaw,ASI Board ofDkectors,College ofLiberd Arts . Ryan Stotts, ASI Board of Directors,College of Engineering I I GAL POLY ATTACHMENT 4 California Polytechnic State University San Luis Obispo, CA 93407 Office of the Vice President for Student Affairs (805) 756.1521 • Fax(805) 756-5903 April 18, 2001 To Whom It May Concern; During the past year, Chief James Gardiner and representatives of the San Luis Obispo Police Department have worked vigorously to implement a program to reduce the danger to public safety from alcohol abuse. Chief Gardiner and his colleagues have communicated regularly with California Polytechnic State University in this enterprise; ,. indeed, collaboration has been excellent between the Police Department and the University regarding ways to address the challenges of alcohol abuse in our community. Chief Gardiner has met often with Cal Poly administrators and student leaders. He and his colleagues have communicated their goals quite clearly while seeking University advice and.support of a multi-faceted program to reduce alcohol abuse. The Police Department's goals have matched closely those of the University in this matter. The University administration and student leaders have been united in their support of the SLO Police Department's efforts to increase alcohol abuse education and to reduce the dangers of citizens driving under the influence of alcohol. On the matter of a proposed ordinance that would cite hosts of parties that involve underage drinking, Cal Poly student leaders have expressed concerns and are hesitant to endorse such an ordinance. The University administration, however, supports the Police Chiefs efforts to reduce the danger posed by underage drinking in the community; this includes support of the proposed ordinance which aims to hold party hosts responsible for underage drinking under specific circumstances. I believe the University and the SLO Police Department have worked together ably in the matter of dealing with the problem of alcohol abuse in our community. The University administration supports the overall efforts of Chief Gardiner and his colleagues in this regard and wishes them success. Sincerely, Robert C. Detweiler Interim Vice President for Student Affairs lls CaliWrnia Sun,U.kv,.itq-Ba6cr.licld•Channel I..landa•Chico•Dominguez Hill.•Frc.no•Full.•rom I byward•Humboldt•Long Bca,h•Lo>An,,Il a • Maritimr Academy Monterey Bay•Northridge•Pomona•Sacmmento•San Bernardino•San Diego•San Francisco•Sun)ono•San Lula Obispo 0 San Marcos•Sonoma•Stanishue 0 gta Co'' 0 ATTACHMENT 5 San Luis Obispo County Community College District "Where lifelong learning happens... " April 26,2001 James Gardiner Chief San Luis Obispo Police Department 1042 Walnut Street San Luis Obispo, CA 93401 fi Dear Chief Gardiner, This letter is being written in support of the proposed ordinance which intends to hold party hosts responsible for underage drinking under special circumstances. The Cuesta College administration applauds you and your department's continuous efforts to reduce the danger to public safety from alcohol abuse. Over the past two years Cuesta College administrators and student representatives have participated with you,Cal Poly administrators and students,and city and county officials in discussions regarding the challenges of alcohol abuse in our community. Our work together on the School/Community Liaison Council(SCLC)has provided an appropriate forum for hearing the related issues,understanding the concerns regarding enforcement, and appreciating the difficult task of maintaining a safe envirorinent for all. The Associated Students of Cuesta College have taken official action supporting the proposed ordinance. The Cuesta College administration is pleased with the responsible action taken by our students, and finthermore,offers our enthusiastic support for the approval of the proposed ordinance. Sincerely, Gilbert H. Stork,Ed.D. Vice President, Student Services C: Dr. Marie Rosenwasser San Luis Obispo Campus North County Campus P.O.Box 8106•San Luis Obispo,CA 93403-8106 2800 Buena Vista Drive• Paso Robles,CA 93446 (805)546-3100 (805)591-6200 r San Luis Coastal Uni ' d Scfwof District 1500 Lizzie Street San Luis Obispo,CA 93401 -3062 (805)549-1334 STEVEN NL LADD,Ed.D,,Superintendent ATTACHMENT 6 April 26, 2001 Honorable Mayor Allen Settle and Members of the City Council City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Dear Mayor Settle and Councilmembers: This letter is written in support of Police Chief Gardiner's efforts to have the City Council pass an ordinance making it unlawful for any person to permit, allow, or host a party or gathering at which there is the consumption of alcoholic beverages by underage persons. One does not have to look very far to hear a story recounted in which the consequences of underage drinking, lack of supervision, and poor judgment resulted in significant problems, if not tragic events. We, as adults in the community, must ensure that we are providing strong, stable foundations from which our young people can understand the clear boundaries and their consequences. According to the results of the California Healthy Kids Survey administered to middle school and high school students throughout the county in 1999, alcohol was the most widely used substance. Alcohol use among our youth exceeds cigarette smoking. The school district coordinators identified this issue to be the one of primary concern and the focus for education programs regarding alcohol, tobacco, and other drug use. The Healthy Communities research has identified community values as one of the 40 developmental assets that help young people grow up healthy, caring and responsible. Young people need to perceive that adults in the community value them. Creating an environment where a young person feels safe at home, at school, and in the neighborhood is of primary significance in healthy development. In addition to positive family communication, this environment must include support from three or more non-parent adults. This ordinance sends the message to our youth that we:are a community of supportive adults. Without question, I unequivocally support such an ordinance. It sends a twofold message to our community and our youth: one, that our community cares for our young people; and secondly, that we believe people should not host or allow such gatherings to take place. I urge the Honorable Mayor and members of the City Council to support this ordinance and pass it at the appropriate time. If I can be of any assistance or add to your deliberations on this matter, please let me know. Sine STEVEN M. LADD, Superintendent SML:mkh cc: Jim Gardiner. Chief of Police.City of SLO San Luis Coastal Unified School District Soard of Trustees • Patricia Andreen • Caroline Botwin • Diane Dixon • • Stuart McElhinney •, Walter Millar • Glenn Oelker • Chris Ungar • ` / — d° ® Q Residents for Quality Neighborhoods P.O. Box 12604•San Luis Obispo,CA 93406 ATTACHMENT 7 May 1, 2001 San Luis Obispo City Council Faxed to ; 781-7109 990 Palm Street San Luis Obispo, Ca. 93401 Re: Ordinance No. 9.05 (Hosting a Gathering with Underage Consumption of Alcohol) Honorable Mayor and City Council Members, We strongly endorse and support Chief Gardiner's effort to establish an ordinance that would make it unlawful for hosts to furnish alcohol to minors. Alcohol use and abuse, especially among high school and college students, has become a pervasive and sometimes deadly problem. We feel that this legislation will serve as an additional deterrent in the quest to reduce underage alcohol consumption and related alcohol offenses. Secondary, to the health and "safety issue is that it could provide some relief on the neighborhood party front as well, and we would welcome that. We would also like to thank our Chief and his department for pursuing all avenues available in the fight to reduce alcohol-related violations and for making this a top priority department goal. We ask you to support them as well by approving this ordinance. Sincerely yours, Cydney Holcomb Chairperson cc: James M, Gardiner, Chief of Police Fax: 783-7729 San Luis Obispo • • • • inq*c It ATTACHMENT 8 Me o Too Police Chief Gardner From; Tiger Parent Network tD*ba: May 1.2001 Re: ordinance E The Tiger Parent Network of San Las Obispo High School endorses the proposed ordinance that addresses hosting.gatiherings with underage_ consumption of abohol. We believe that.our community can reasonably expect hosts to actively and responsibly supervise events involving the consumption of alcohol so that underage drinking does not occur. The consequences of underage drinking can be catastrophic and yet some indWuats knowingly host parties at which anyone under 21 who chooses can drink alcoholic beverages; a variety of rationales have been cited for allowing underage drinking (e.g-.'They're going to drink anyway,"or At least they wont be driftj Aduts who provide alcohol to underage drinkers have been exposing themselves to cr4 fiamy;this ordinance would raise the onto by including additional consequences for the host. Tiger Parent Network welcomes an additional tool for keeping our young people safe and sober in San Luis Obispo. metaun oris aocurnemmr future Council meeting if agendized Ali ® LQN Residents for Quality Neighborhoods P.O. Box 12604 • San Luis Obispo. CA 93406 00UNCIL DIA U PIN DIR 0 FIRE CHIEF �RNEY M PW DIA May 1, 2001 ❑ DEPT�F.AD9 �tiC D nCHF C] UTiL DIA San Luis Obispo City Council' -- -- M HA DIA Faxed to : 781-7109 990 Palm Street San Luis Obispo, Ca. 93401 Re: Ordinance No. 9.05 (Hosting a Gathering with Underage Consumption of Alcohol) Honorable Mayor and City Council Members, We strongly endorse and support Chief Gardiner's effort to establish an ordinance that would make it unlawful for hosts to furnish alcohol to minors. Alcohol use and abuse, especially among high school and colleae students, has become a pervasive and sometimes deadly problem. We feel that this legislation will serve as an additional deterrent in the quest to reduce underage alcohol consumption and related alcohol offenses. Secondary, to the health and safety issue is that it could provide some relief on the neighborhood party front as well, and we would welcome that. We would also like to .thank our Chief and his department for pursuing all avenues available in the fight to reduce alcohol-related violations and for making this a top priority department goal We ask you to support them as well by approving this ordinance. Sincerely yours, - - Cydnev Holcomb Chairperson RECEIVED cc: James M, Gardiner, Chief of Police Fax: 783-7729 MAY 0 4 2001 SLO CITY COUNCIL