HomeMy WebLinkAbout7.1 Open Keg Law CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 9, 1990
SUBJECT: Report on "Open Keg Law"
(Prepared by James W. Rose, Lieutenant)
EXHIBITS ATTACHED: (1) City of San Leandro Ordinance 90-07
(2) Alameda County Ordinance Code,
Chapter 6 of Title 3 , Article 23
(3) Letter from Karen Seals regarding
"The Open Keg Law"
RECOMMENDATIONS: . (1) Receive Staff presentation
(2) The
Staff
(3) Give Staff Direction
FINANCIAL STATEMENT: None
DESCRIPTION: At its meeting of March 12 , 1990, the City
Council directed Staff to research the request by Karen Seals for
an "Open Keg Law" .
Ms. Seals was contacted to obtain more specific information about
"open keg parties" as indicated in her letter to the City
Council. Ms. Seals had no firsthand knowledge of any parties,
but said she had received two phone calls from parents that were
concerned about keg parties. They called her because of her
affiliation with the "Dublin Substance Abuse Council" .
Staff researched police records to determine if there have been
any recent parties classified as "keggers" ; where it was
necessary for Dublin Police to intervene. Upon checking police
records and talking with the patrol Watch Commanders, no evidence
was found that Dublin Police have been called upon to respond to
a "kegger party" within the past eighteen months. This, of
course, does not mean that such parties did not take place; only
that police were unaware of such activities.
Staff checked with other cities within Alameda County and found
that only two local jurisdictions have an ordinance that deal
with "open keg" laws. In 1989, the Alameda County Board of
Supervisors approved the addition of Article 23 to Chapter 6,
Title 3 of the Alameda County Ordinance Code (see attached) . In
1990, the San Leandro City Council adopted Ordinance Number
90-07, adding Article 6 to Title 4 , Chapter 1 of the San Leandro
Municipal Code.
The Alameda County Sheriff's Department and the San Leandro
Police Department are the only two law enforcement departments
with local ordinances governing groups where police intervention
is called for, with San Leandro being the only one specifically
addressing possession of alcoholic beverages by persons under 21
years of age.
The following is a summary of the provisions of the ordinances
and the procedures for their implementation.
ALAMEDA COUNTY ORDINANCE
This ordinance is very broad and deals with second police
response for a party or other assemblage. It does not have
specific language that addresses "KEGGER PARTIES" or alcoholic
beverages. The ordinance is designed to provide a vehicle so
that the County can receive cost reimbursement for a second
police response for a party or other assemblage that is
determined to be a threat to public peace, health, safety or
general welfare. The person in charge of the party or assemblage
must be warned of the consequences upon the first police response
damage, etc. ) will be billed to the person in charge of the party
or assemblage. This is a civil remedy only and no criminal
charge is included under the scope of this ordinance.
IMPLEMENTATION•
Staff was informed by the Watch Commanders at the Alameda County
Sheriff's Department, Eden Township Substation that this
ordinance has never been used. Since there is no provision for
criminal charging, the standard procedure has been to shut down
unruly parties or assemblages immediately if it is deemed to be a
threat to health or safety. If any violations involving the
serving or possession of alcoholic beverages is observed, whether
it involves adults or minors, action is taken using the laws
already available to local police agencies, the Alcohol Beverage
Control laws, the California Penal Code and the Business and
Professions Code.
CITY OF SAN LEANDRO ORDINANCE
This ordinance is more specific in dealing with a "social
gathering" where persons under the age of 21 are present and
where alcoholic beverages are being possessed or consumed by any
person under 21 years of age. This ordinance does not use the
term "open keg law" but it is designed to allow police
intervention at a "social gathering" in a home, hotel or motel
room, or other residential facility where two or more person
under the age of 21 are present and where alcoholic beverages are
being possessed or consumed by any person present under the age
of 21.
The ordinance, as written, is a misdemeanor, with a maximum fine
of $1 ,000. It is not limited to a second response and may be
enacted upon first observance.
IMPLEMENTATION'
This ordinance, has not, as of this date, been used by the San
Leandro Police Department.
RECOMMENDATION
Staff does not believe that there is a need for an ordinance of
this type unless the City Council wishes to recover costs
associated with police responses. There are existing Alcohol
Beverage Control laws, the Penal Code and the Business and
Professions Code that address possession and consumption of
alcoholic beverages and laws that cover the sales, furnishing or
giving of alcoholic beverage to a person under 21 years of age.
----------------------------------------------------------------------
COPIES TO:
ITEM NO.
IN THE CITY COUNCIL FOR THE CITY OF SAN LEANDRO
ORDINANCE NO. 90 - 07 (1413)
AN ORDINANCE ADDING ARTICLE 6 TO TITLE IV,
CHAPTER 1 OF THE SAN LEANDRO MUNICIPAL CODE,
RELATING TO POSSESSION OR CONSUMPTION OF
ALCOHOLIC BEVERAGES BY MINORS AT SOCIAL GATHERINGS
The City Council of the City of San Leandro does ORDAIN as
follows:
. Section 1. Article 6 is hereby added to Title IV, Chapter 1
of the San Leandro Municipal Code to read as follows:
"ARTICLE 6 - SOCIAL GATHERINGS; ALCOHOLIC BEVERAGES;
UNLAWFUL
Section 4-1-600: SOCIAL GATHERINGS WHERE MINORS
POSSESS OR CONSUME ALCOHOLIC BEVERAGES; UNLAWFUL.
No person shall allow, permit, or host a social
gathering at his or her residence, hotel or motel room,
or other residential facility under his or her custody
or control, where two or more persons under the age of
twenty-one (21) are present and alcoholic beverages are
being consumed by or are in the possession of, any
person under the age of twenty-one (21) . "
Section 2 . This ordinance shall take effect thirty (30)
days after adoption and the title thereof shall be published once
prior to adoption.
Introduced by' Council Member Glaze on this 19th day
of March 1990, and passed to print by the following called
vote:
Member of the Council:
Ayes: Council Members Faria, Glaze, Jardin, Perry, Santos, Suchman;
Mayor Karp (7)
Noes: None (0)
Absent: None (0)
Attest:
Alice Calvert, City Clerk
Passed and adopted this day of , 1990,
after publication on 1990, by the following
called vote:
Members of the Council:
Ayes:
Noes:
Absent:
Attest:
Alice Calvert, City Clerk
136\slmc\4-1-600.ord
Approved as to Form
MAR 1. H100RE, Count Counsel
ey —�
ORDINANCE NO.
AN ORDINANCE ADDING ARTICLE 23 TO CHAPTER 6 OF TITLE. 3 OF THE
ORDINANCE CODE OF T22 COUNTY OF ALANEDA RELATING TO SECOND RESPONSE CALLS
BY THE SHERIFF'S DEPARTI�JENT TO PARTIES OR ASSFMBLAGES WHICH PRESENT A
THREAT TO THE PUBLIC PEW E. HFALTH,,,SAFETY OR GENERAL WELFARE
The Board of Supervisors of the County of Alameda ordains as follows:
SECTION I
Article 23 is added to Chapter 6 of Title 3 of the Alameda County
Ordinance Code to read as follows: ,
Article 23
SECOND RESPONSE CALLS BY SHERIFF'S DEPARTMENT TO PARTIES
WHICH PRESENT A THREAT TO THE PUBLIC PEACE, HEALTH,
SAFETY OR GENERAL WELFARE
Section 3-250.00 NOTIFICATION OF LIABILITY FOR ~COSTS OF
SECOND RESPONSE. When the Sheriff's Department is called to
the scene of a party or assemblage and a Deputy Sheriff
determines that there is a threat to the public peace, health,
safety; cr ggeneral welfare, the Deputy Sheriff' shall notify the
owner of the- premises, ' the person in lawful custody of the
premises, or the person responsible for said assemblage ttfat
that person, (or if that person is a minor, the;,-parents or
guardians of that minor,: person) shall, be personally�.liable; for
the costs. incurred °f6r.,;-providing Sheriff's,"personnel :.for.- a
second':'-or '*su_bsequent response `the"same`"location''due"'to 'a'
continuation of 'the'same 'conduct.
Section 3-250.14 PERSONS RESPONSIBLE FOR COSTS OF SECOND
RESPONSE. The costs incurred by the Sheriff's Department for a
second or subsequent response to a party or assemblage which is
a threat to the public peace, health, safety, or general welfare
shall- be charged to and borne by the owner of the premises, the
person in lawful custody of the premises, or the person
responsible for said assemblage, (or in the event that person is
a minor, that person's parents or guardians) .
Section 3•-250.2. SECOND RESPONSE- DEEMED `"TO 'BE'' SPECIAL'
ASSI( 'T. The first response and warning shall be deemed to
be normal police service. Personnel utilized on a second or
subsequent response shall be deemed to - be on special
assi-m-ent. The costs incurred from such special assignment are
declared to be beyond normal services provided by the Sheriff's
Section 3-250.3. $1000.00 LIMIT. The costs of such
special assignment include personnel and equipment costs, damage
to County property and injuries to County personnel. The
Sheriff's. .Department will"determine the-reasonable.-.cost-of-such
special assigrment, but not more than $1,000.00 for a single
incident. The remedy provided by this Article shall be in
addition to any other remedy provided by law.
Section 3-250.4. COLLECTION OF EXPENSES.
such special assigrnent shall be a charge against ethe person
liable for costs under this Article. 'Ihe charge constitutes a
debt of that person and is collectible by the County in the same
manner as in the case of an obligation under a. contract, ex-
pressed or implied.
Section 3-250.5; LIM.ITATICN OF. `A.PPLICATICN OF DINANCE. This ordinance shall not apply to any assemblage 00
gathering the purpose of which is the exercise of protected
speech, including but not limited to union meetings and picket-
SECTION II
This Ordinance shall take effect and be in force thirty
0
after the date of passage and before the expiration of fifteen s from and
15
after its passage it shall be published once with the names of the members
voting for and against the same in The Inter-Cit err
published in the said County of Alameda, y Express, a newspaper
Adopted by the Board of Supervisors of the Count y Alameda
of
California, on the day of , State of
. . .
following called vote: by the
AYES: Supervisors
NOES: Supervisors
EXCUSED: Supervisors
Chairman of the Board of Supervisors,
County of Alameda, State of California
ATTEST: WILLIAM MEHRWEIN, Clerk,
of the Board of Supervisors, County
of Alameda, State of California
By
DT:kf
2/01/89
9320J/4
Dublin City Council
100 Civic BLVD. DECEIVED
Dublin , Ca .
99568 MAR 1590
CITY ,QE DUBLIN
Dear City Council :
It has been brought to my attention that open keg
parties are a reality in our city . I would like to
request the Dublin City Council as a body to consider
adoption of The open Keg Law" . I feel our city would
benefit from such a law at this time .
As you know alcohol is the drug of choice in our city .
And all segments of our community must strategically
work together for environmentally focused strategies to
reduce alcohol related problems among youth. Then Dublin
will be a healther city for our future
Sincerely
Karen Seals
7068 Prince DR.
Dublin , CA.
91568
cc: DSAC