ORDINANCE 1567 ORDINANCE NO. 1567
AN ORDINANCE ADDING CHAPTER 13 TO TITLE 7 OF
THE EL SEGUNDO MUNICIPAL CODE PROHIBITING THE
HOSTING, PERMITTING OR ALLOWING OF
GATHERINGS AT WHICH PERSONS UNDER 21 YEARS
OF AGE ARE CONSUMING ALCOHOLIC BEVERAGES OR
USING MARIJUANA ILLEGALLY
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1. Findings,
A. Minors often obtain or possess marijuana or consume alcoholic beverages
at parties held on private property and under the control of a person who
knows or should know of this conduct but fails to prevent it.
B. Underage use of marijuana or consumption of alcoholic beverages poses
an immediate threat to the public health, safety and welfare in that it
increases alcohol abuse by minors, physical altercations, violent crimes
(including rape and other sexual offenses), accidental injury, neighborhood
vandalism and excessive noise disturbance, all of which may require
intervention by the Police or Fire Departments.
C. The City's municipal code prohibits the consumption or possession of
alcohol in certain public places, including public streets, parking lots, City
parks and the beach, but does not have any rules to address underage
drinking on private property (ESMC §§ 7-6-8, 10-1-4, 10-3-11).
D. State law prohibits the possession of marijuana by a minor under certain
circumstances. (Health & Safety Code §§ 11357, et seq.) State law also
prohibits persons 21 years or older from possessing, processing,
transporting, purchasing, obtaining, or giving away recreational marijuana
to persons 21 years or older under certain circumstances. (Health & Safety
Code §§ 11357, et seq.) There are no rules in state law or the ESMC which
address underage marijuana use on private property (ESMC Chapters 13B
and 4-14).
E. The prohibitions proposed by this ordinance are reasonable and intended
to deter use of marijuana or consumption of alcoholic beverages by minors
by holding responsible those persons who encourage, are aware of or
should be aware of this illegal conduct by minors but fail to take reasonable
steps to prevent it.
SECTION 2. Chapter 13 (Social Host Regulations) is added to Title 7 (Nuisances and
Offenses) of the EI Segundo Municipal Code to read, in its entirety, as follows:
"CHAPTER 13
SOCIAL HOST REGULATIONS
7-13-1: PURPOSE:
7-13-2: DEFINITIONS:
7-13-3: GATHERING AT WHICH MINORS USE MARIJUANA OR CONSUME
ALCOHOLIC BEVERAGES PROHIBITED:
7-13-4: EXEMPTIONS:
7-13-5: VIOLATION; PENALTY:
7-13-1: PURPOSE:
A. The purpose and intent of this chapter is:
1. To facilitate the enforcement of laws prohibiting the use of marijuana
by minors and the service and consumption of alcoholic beverages
by minors, in an effort to deter, and to promote the reduction of,
underage drinking and drug use;
2. To protect public health, safety and welfare and quiet enjoyment of
property and properties neighboring the location of gatherings at
which minors use marijuana or are served and consume alcoholic
beverages; and
3. To establish a duty of persons 21 years of age or older having control
over any premises, who knowingly host, permit or allow a gathering
at the premises to take reasonable steps to prevent the service and
consumption of alcoholic beverages or use of marijuana by minors.
Reasonable steps include, but are not limited to, controlling the
access to and provision of marijuana and alcoholic beverages to
minors, and monitoring the responsible, safe and lawful conduct of
minors on the premises.
B. This chapter should not be construed as adding any additional authority for
any law enforcement officer or government official to either enter private
property or subject any property or person to search or seizure that does
not otherwise exist independent of the provisions of this chapter.
C. It is not the intent of this chapter to impose strict liability against a parent or
legal guardian whose best intentions and reasonable efforts to prevent the
service and consumption of alcoholic beverages or use of marijuana by
minors at a gathering are circumvented by the actions of any person to
obtain alcoholic beverages or marijuana at the premises or to bring
concealed alcoholic beverages or marijuana to the premises.
7-13-2: DEFINITIONS:
Unless the contrary is stated or clearly appears from the context, the following definitions
will govern the construction of words and phrases used in this chapter:
ORDINANCE No. 1567
Page 2 of 7
ALCOHOL: Means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever
source or by whatever process produced.
ALCOHOLIC BEVERAGE: Includes alcohol, spirits, liquor, wine, beer, and every other
liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one
percent or more of alcohol by volume and which is fit or beverage purposes either alone
or when diluted, mixed, or combined with other substances.
GATHERING: Means a party, gathering, or event where three or more persons have
assembled or are assembling for a social occasion or social activity.
MARIJUANA: Means all parts of the plant Cannabis sativa L., whether growing or not;
the seeds thereof, the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.
MINOR: Means any person under 21 years of age.
PREMISES: Means a home, yard, apartment, condominium, hotel or motel room, or other
dwelling unit, or any commercial, business or industrial site, hall or meeting room, whether
occupied on a temporary or permanent basis, and whether owned, leased, rented or used
with or without compensation.
RESPONSIBLE ADULT: Means a person 21 years of age or older who owns, rents,
leases or otherwise has control of the premises where the gathering occurs.
RESPONSIBLE PERSON: Means:
A. The person in charge of the premises when the gathering occurs; or
B. The person who organized the gathering.
7-13-3: GATHERING AT WHICH MINORS USE MARIJUANA OR CONSUME
ALCOHOLIC BEVERAGES PROHIBITED:
It is unlawful and a public nuisance for either a responsible person or responsible adult to
cause or allow a gathering to take place at the premises whenever the responsible person
or responsible adult knows or reasonably should have known alcoholic beverages or
marijuana are being unlawfully consumed or used by minors. Liability for a violation of
this section will be imputed to either a responsible person or responsible adult, but not
both.
A. Prima facie evidence that a responsible person had the knowledge, or
should have had the knowledge, necessary to establish a violation of this
chapter include those situations where:
1. Minors are consuming alcoholic beverages or using marijuana and
there is a minor present on the premises who is obviously under the
influence of alcohol or marijuana; or
2. A warning has been issued to the location within the last 12 months
regarding alcohol or marijuana use by minors at the premises.
ORDINANCE No. 1567
Page 3 of 7
B. Prima facie evidence that a responsible adult had the knowledge, or should
have had the knowledge, necessary to establish a violation of this chapter
include those situations where:
1. A responsible adult is present at the premises during a gathering
where minors are consuming alcoholic beverages or using
marijuana; or
2. A warning has been issued to the location within the last 12 months
regarding alcohol or marijuana use by minors at the premises.
C� A warning for a violation of this section will only be issued where the
responsible adult was not present at the premises during a gathering where
minors are consuming alcohol or using marijuana and there is no evidence
that a minor is present on the premises who is obviously under the influence
of alcohol or marijuana.
7-13-4: EXEMPTIONS:
This chapter does not apply to:
A. Any California Department of Alcoholic Beverage Control licensee at any
premises licensed and regulated by the Department of Alcoholic Beverage
Control.
B. Conduct involving the use of alcoholic beverages which occurs exclusively
between a minor child and his or her parent or legal guardian, including the
possession or consumption of an alcoholic beverage in connection with a
cultural or religious activity. This exemption does not include any conduct
that would contribute to the delinquency of a minor (a violation of Penal
Code section 272).
C. Conduct which the city is expressly preempted from prohibiting under state
law, specifically, the Medicinal and Adult use Cannabis Regulation and
Safety Act.
D. A responsible person or responsible adult who called 911 and reported that
a minor was in need of medical attention due to alcohol consumption or
marijuana use, was the first person to make the 911 call, and when reporting
that a minor was in need of medical assistance, remained on the scene with
the minor until that medical assistance arrived and cooperated with medical
assistance and law enforcement personnel on the scene.
E. A responsible person or responsible adult who requests immediate
assistance from the police department to remove any person who refuses
to abide by the requesting person's performance of duties imposed by this
chapter, or to terminate the gathering because of the requesting person's
ability to prevent minors from consuming alcoholic beverages or using
marijuana despite having taken reasonable steps to do so, as long as such
request is made before any other person makes a complaint about the
gathering.
ORDINANCE No. 1567
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7-13-5: VIOLATION; PENALTY:
A. The City Council may adopt a resolution establishing a schedule of
administrative fines and community service hours for a violation of this
chapter.
B. In addition to the administrative fines described in this chapter, the
responding law enforcement officer may issue an order requiring the
gathering to be disbanded and may cite and arrest any violators under any
other applicable ordinances and statutes.
C. For any responsible person who is a juvenile, each parent or legal guardian
of the juvenile will be considered a responsible person liable for any fines,
penalties and fees imposed pursuant to this chapter. The parents or
guardians of a juvenile found to have violated this chapter may request to
have that juvenile serve community service as described in subsection (E),
below, and pay City administrative fees, if any, as an alternative penalty to
paying the applicable civil penalty.
D. Nothing in this chapter is deemed to prevent the city from commencing a
civil or criminal proceeding to abate a public nuisance or from pursuing any
other means available under any other statute, ordinance or law (civil or
criminal), to correct conduct regulated by this chapter in addition to or as
alternatives to the procedures set forth herein. This chapter in no way limits
the authority of the police department to make arrests for any criminal
offense arising out of conduct regulated by this chapter.
E. The responsible person or responsible adult may perform community
service and pay City administrative fees, if any, as an alternative to paying
the civil penalty with the prior written consent and approval of the Police
Chief or designee. The Police Chief or designee retains the discretion to
approve the community service requested by the responsible person/adult.
Upon approval of the Police Chief or designee to perform community
service, the responsible person/adult must complete the required hours
within one year of approval and must submit proof of completion to the
Police Chief or designee. Failure to receive approval to perform community
service or failure to complete the required hours of service will result in the
imposition of the applicable civil penalty, which is immediately payable. No
reduction in the penalty is authorized for completion of less than the
required hours of community service unless approved by the City Manager
or designee. Community service will only be approved for the first citation
issued within a one-year period.
F. Violations of this chapter are not subject to the response cost
reimbursement provisions outlined in Sections 1-2A-28, et seq. of this
Code."
ORDINANCE No. 1567
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SECTION 8: Environmental Analysis. Because of the facts set forth in Section 1, this
Ordinance is categorically exempt from further environmental review under the California
Environmental Quality Act (California Public Resources Code §§21000, et seq., "CEQA")
and CEQA Guidelines (14 California Code of Regulations §§15000, et seq.), because it
consists only of minor revisions and clarifications to existing regulations and procedures.
It does not have the effect of deleting or substantially changing any regulatory standards
or findings required thereof. The Ordinance is an action that does not have the potential
to cause significant effects on the environment. Accordingly, this ordinance is exempt
from further environmental review pursuant to 14 Cal. Code Regs. §15168(c)(2).
SECTION 4: CONSTRUCTION. This ordinance must be broadly construed in order to
achieve the purposes stated in this ordinance. It is the City Council's intent that the
provisions of this ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this ordinance.
SECTION 5: ENFORCEABILITY. Repeal of any provision of the EI Segundo Municipal
Code does not affect any penalty, forfeiture, or liability incurred before, or preclude
prosecution and imposition of penalties for any violation occurring before this ordinance's
effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this ordinance.
SECTION 6: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire ordinance or its
application is deemed invalid by a court of competent jurisdiction, any repeal or
amendment of the ESMC or other city ordinance by this ordinance will be rendered void
and cause such previous ESMC provision or other ordinance to remain in full force and
effect for all purposes.
SECTION 7: SEVERABILITY, If any part of this ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this ordinance are severable.
SECTION 8: The City Clerk is directed to certify the passage and adoption of this
ordinance; cause it to be entered into the City of EI Segundo's book of original ordinances;
make a note of the passage and adoption in the records of this meeting; and, within 15
days after the passage and adoption of this ordinance, cause it to be published or posted
in accordance with California law.
SECTION 9: This Ordinance will become effective on the thirty-first day following its
passage and adoption.
ORDINANCE No. 1567
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PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1567 this 181h day of
September, 2018.
Dr ogles, Mayor
ATTEST:
TrW_eav,�, Clerk
APPROVED AS TO FORM:
k�- V,o(Z.,
Mark D. HensNey, Y Attorney
ORDINANCE No. 1567
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1567 was duly introduced by said City Council at a regular meeting held
on the 21St day of August, 2018, and was duly passed, and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular
meeting of said Council held on the 18th day of September, 2018, and the same was so
passed and adopted by the following vote:
AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Brann, and
Council Member Nicol
NOES: Council Member Pimentel
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this Ob day of January,
2019.
Tracy Weaver, City Clerk
of the City of EI Segundo,
California