DATE: June 13, 2006
TO: Board of Supervisors
SUBJECT: STRENGTHENING THE SOCIAL HOST ORDINANCE IN THE
COUNTY OF SAN DIEGO
SUMMARY:
Overview
On June 17, 2003, the Board of Supervisors unanimously approved the Social
Host Ordinance, which imposes civil and criminal liability on adults who
own or control private residences or private premises and fail to properly
supervise or stop minors from obtaining, possessing, or consuming alcoholic
beverages. In an effort to strengthen the law, several revisions to the
Social Host Ordinance are needed.
Consumption of alcoholic beverages by minors in public and private locations
presents a myriad of problems for the minor, the community, and law enforcement.
Even worse, some adults not only condone this behavior but they supply
alcohol to minors at a party in their own home.
While many believe that underage drinking is a “rite of passage”
or that teenagers can easily recover from the effects of alcohol because
their bodies are more resilient, exactly the opposite is true. Young people
who begin drinking alcohol before age 15 are four times more likely to
become dependent on alcohol than those who wait until age 21.
For minors, alcohol abuse can lead to traffic crashes, violent crime,
accidental injury, alcohol poisoning and increased risk-taking behaviors.
For the community and law enforcement, the effects can result in the loss
of lives, including friends and family, and increased law enforcement
costs.
Today's action directs the Chief Administrative Officer to amend the County’s
Social Host Ordinance so that it applies to hosts who are under 21, imposes
duties upon party hosts, and is indisputably a misdemeanor. Today’s
action further directs the Chief Administrative Officer to return to the
Board of Supervisors within 45 days with proposed amendments for further
consideration.
Recommendations
SUPERVISOR JACOB AND SUPERVISOR COX:
- Direct the Chief Administrative Officer to amend the Social Host Ordinance to allow its application to hosts who are under 21.
- Direct the Chief Administrative Officer to amend the Social Host Ordinance’s “Knowledge Requirement,” by imposing duties upon the party’s host including, but not limited to: (1) verification of the age of guests; (2) control of access to alcohol; (3) control of the quantity of alcohol at the gathering; and (4) supervision of minors.
- Direct the Chief Administrative Officer to amend the Ordinance to eliminate any doubt that the violation is a misdemeanor.
- Direct the Chief Administrative Officer return to the Board within 45 days with the above changes.
Fiscal Impact
There is no fiscal impact associated with this request.
BACKGROUND:
On June 17, 2003, the Board of Supervisors unanimously approved the Social
Host Ordinance, which imposes civil and criminal liability on adults who
own or control private residences or private premises and fail to properly
supervise or stop minors from obtaining, possessing, or consuming alcoholic
beverages. In an effort to strengthen the law, several revisions to the
Social Host Ordinance are needed.
Consumption of alcoholic beverages by minors in public and private locations
presents a myriad of problems for the minor, the community, and law enforcement.
Even worse, some adults not only condone this behavior but they supply
alcohol to minors at a party in their own home. Adults may feel that they
are acting in the community’s best interest when they provide alcohol
to minors in the setting of their own home, but negative unintended consequences
are often the result. Young people who begin drinking alcohol before age
15 are four times more likely to become dependent on alcohol than those
who wait until age 21.
For minors, alcohol abuse can lead to traffic crashes, violent crime,
accidental injury, alcohol poisoning and increased risk-taking behaviors.
Alcohol is the number one choice of drugs for minors due to its accessibility.
For the community and law enforcement, the effects of underage drinking
can result in the loss of lives, including friends and family, and increased
law enforcement costs. When a house party gets out of hand and disturbs
the neighborhood, the Sheriff’s Department responds to the disturbance,
often having to use extensive resources to manage the incident. Further,
a large social gathering that requires law enforcement attention takes
away valuable resources from other service calls in a community.
Several amendments to the Social Host Ordinance are needed. The first
amendment to the ordinance would allow its application to hosts who are
under 21. Currently, the County’s ordinance applies to adults and
defines an adult as someone over the age of 21, which gives social hosts
under the age of 21 a pass.
Today’s action also directs the Chief Administrative Officer to
amend the Ordinance’s “Knowledge Requirement.” This
action would impose duties upon the party’s host including, but
not limited to: (1) verification of the age of guests; (2) control of
access to alcohol; (3) control of the quantity of alcohol at the gathering;
and (4) supervision of minors.
In addition, the original legislative intent of the Social Host Ordinance
was to make violation of the social host ordinance a misdemeanor. However,
a person charged under the prohibition section of the ordinance (32.1503)
could argue that violation is only an infraction or that the ordinance
is at least vague as to what penalty is meant to apply. Today’s
action directs the Chief Administrative Officer to amend the Ordinance
to eliminate any doubt that the violation is a misdemeanor.
Today's also action directs the Chief Administrative Officer to work with
County Counsel and appropriate County departments to update the County’s
Social Host Ordinance and return for consideration by the Board of Supervisors
within 45 days.
We urge your support!
Respectfully submitted,
DIANNE JACOB
Supervisor, Second District
GREG COX
Supervisor, First District
