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The City Council of the City of Sebastopol does hereby find that:

A. The occurrence of underage social gatherings, defined in this chapter as a gathering of two or more underage persons on private or public property where alcoholic beverages or cannabis products are consumed by underage persons, is harmful to such persons and a threat to public welfare, health and safety. The Surgeon General’s Call to Action (2007) is hereby incorporated by reference, to further establish the health, safety and public welfare concerns that exist with underage drinking or cannabis use.

B. Reliable research indicates that underage consumption of alcohol is a contributing factor in the three leading causes of teenage deaths: (1) unintentional injury, (2) homicide and (3) suicide. Underage drinking is associated with alcohol abuse and a negative impact on the developing brain of youth. Likewise, it is associated with violent crimes including sexual offenses, DUI and alcohol-related traffic deaths. Underage drinking is a common factor in public disturbances, vandalism and physical altercations, all of which may require intervention by local law enforcement.

C. Research has identified easy access to alcohol or cannabis products and permissive attitudes as two key factors that contribute to underage drinking or cannabis use.

D. Local, state and national studies have established that underage youth most commonly procure alcohol or cannabis from social sources (parties, friends, homes) and others who purchase it for them.

E. Underage social gatherings frequently occur on private or public property where adults who own or control the property have failed to ensure that alcoholic beverages or cannabis products are neither served to, nor consumed by, underage persons. Furthermore, there are times when parents or other adults are present at the social gathering who condone the underage drinking or cannabis use and provide the alcohol or cannabis products.

F. Problems associated with underage social gatherings on private or public property are difficult to prevent and deter unless the Sebastopol Police Department has the legal authority to direct the social host to disperse the gathering and to cite the social host.

G. Law enforcement personnel have in the past been required to respond to underage social gatherings on private and public property where alcoholic beverages or cannabis products are provided to and consumed by underage persons. Such calls for service can result in a disproportionate expenditure of public safety resources, and delay official responses to other calls.

H. The City Council of the City of Sebastopol, pursuant to the City’s police powers under Article XI, Sections 3 and 5 of the California Constitution, and the City Charter established pursuant to such sections, has the authority to enact and enforce laws that promote the public health, safety and general welfare of its residents.

I. An ordinance that imposes liability with penalties on social hosts is necessary to deter and prevent such gatherings. Social hosts or anyone who organizes, supervises, aids, conducts, permits, or controls the underage social gathering need not be present at such gathering to incur liability under this chapter.

J. The purposes of this chapter are to:

1. Protect the public health, safety and welfare by deterring the service to and consumption of alcoholic beverages or cannabis products by underage persons; and

2. To reduce the cost to the public of providing police response services. These purposes are achieved by issuing a criminal citation which requires the social host to pay a fine and fees for the actual costs incurred by the City.

The City Council therefore finds that underage social gatherings held on private or public property are a threat to the public peace, health, safety and general welfare, and a public nuisance as they affect the entire Sebastopol community as well as the neighborhoods in which they occur. (Ord. 1114, 2018)