9.07.030 Legislative findings.

The city of American Canyon council finds as follows:

(A) The city of American Canyon, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents;

(B) The occurrence of a party, gathering or event on private property where alcoholic beverages are served to, consumed by or in the possession or control of an underage person is harmful to underage persons themselves and a threat to the public health, safety, or quiet enjoyment of residential property and the general welfare;

(C) Section 25658 of the Business and Professions Code makes it unlawful for a person under the age of twenty-one years to purchase or attempt to purchase, or consume alcoholic beverages and makes it unlawful for any person to sell or provide any alcoholic beverage to any person under the age of twenty-one years.

(D) Law enforcement response to a party, gathering or event where alcoholic beverages are served to, consumed by or in the possession or control of an underage person causes a drain of law enforcement resources and in some situations, leaves other areas of the city with inadequate law enforcement protection. Responses to such gathering or events result in a disproportionate expenditure of public safety resources, which are underwritten by general municipal taxes paid to the city by its taxpayers and residents.

(E) According to the California Healthy Kids Survey (2008), thirty percent of Napa County 11th graders report obtaining alcohol at parties or other events outside school and seventy-eight percent of Napa County 11th graders report that alcohol is fairly easy or very easy to obtain. Alcohol policy research regarding underage drinking shows that when communities reduce youth access to alcohol, communities experience reductions in youth alcohol use and related problems. Ordinances that reduce youth access to alcohol from social sources have been recognized as a best practice by the United States Department of Justice.

(F) Underage persons often obtain alcoholic beverages at a party, gathering or event held at private residences or at rented residential and commercial premises that are under the control of a person who knows or should know of the underage service and/or consumption.

(G) Persons responsible for the occurrence of a party, gathering or event on private property where alcoholic beverages are served have a duty to ensure that alcohol is not served to, consumed by or in the possession or control of an underage person at such gatherings.

(H) Communities that have adopted such ordinances have seen reductions in the size of parties, gatherings and events and reductions in youth perception of ease of access to alcohol.

(I) Law enforcement ability to abate gatherings where alcohol is consumed by minors on private property will help to decrease abuse of alcohol by minors, physical altercations and injuries, sexual assaults, truancy, driving under the influence of alcohol, adolescent crime, motor vehicle collisions, neighborhood vandalism and excessive noise disturbance thereby improving public safety and overall quality of life of American Canyon residents.

(J) Persons held responsible for abetting or allowing a party, gathering or event, where alcoholic beverages are served to, consumed by or in the possession or control of an underage person will be more likely to properly supervise or to stop such conduct at gatherings held on property in their possession or under their control.

(K) Problems associated with a party, gathering or event where alcoholic beverages are served to, consumed by or in the possession or control of underage persons are difficult to prevent or deter unless law enforcement has the additional legal authority to issue a civil citation for a civil fine and/or a civil citation for the cost of public safety response.

(L) The intent of this chapter is to protect the public health, safety, quiet enjoyment of residential property, and general welfare, rather than to punish. Persons who actively or passively aid, abet, or allow a party, gathering or event where alcohol is served to, consumed by or in the possession of an underage person shall be held liable for the nuisances created by such gatherings, the civil fine(s) for such violations and the costs associated with responding to such gatherings.