9.07.040 Definitions.

For the purpose of this chapter, the following definitions shall apply:

"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 or beer, and every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

"Hearing officer" for the purpose of this chapter will be the city manager or designee.

"Juvenile" means any person less than eighteen years of age.

"Minor" means any person less than twenty-one years of age and shall have the same meaning as "underage person" defined below.

"Other private property" refers to hotel or motel room; an assembly hall or meeting room; a common room of a dwelling unit used for a party, gathering or event (e.g., recreation room of an apartment building); a site in a privately owned campground; privately owned vacant lot; privately owned agricultural land; or privately owned rural land, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented or used without compensation.

"Party, gathering or event" means a group of two or more persons at a residence or on other private property or rented public property who have assembled or are assembling for a social occasion or social activity. These terms used individually have the same meaning as when used collectively and may be used interchangeably.

"Person(s) responsible for the event" and/or "responsible person(s)" means a person or persons with a right of possession in the premises where the party, gathering or event is held, including, but not limited to:

1. The person(s) who owns, rents, leases or otherwise has control of the premises where the gathering occurs; and/or

2. The person(s) in charge of the premises; and/or

3. The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a party, gathering or event.

If the responsible person is a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for the civil fine and/or for the costs incurred for public safety services pursuant to this chapter. To incur liability for the civil fine and/or for the costs incurred for public safety services pursuant to this chapter, the person(s) responsible for the event need not be present at such gathering giving rise to the imposition of such costs. This chapter imposes vicarious as well as direct liability upon a responsible person consistent with state law.

"Public safety services" and/or "response costs" means the costs associated with responses by law enforcement, fire and other emergency response providers to a party, gathering or event where alcohol is served to, consumed by or in the possession or control of an underage person, including, but not limited to:

1. The portion of cost of salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a party, gathering or event, and the administrative costs attributable to such response(s);

2. The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of a party, gathering or event; and

3. The cost of the use of any equipment or property, and the cost of repairing any equipment or property damaged, in responding to, remaining at or leaving the scene of a party, gathering or event.

"Residence" includes a dwelling unit such as a home, condominium or apartment; structures on the residence other than the dwelling unit including, but not limited to, a garage, studio, tent, boat dock, swimming pool, barn or boat house; land on the residence whether improved or unimproved such as a yard, patio, open fields, piers or lake shores; bodies of water on the residence such as a pond, lake, river or stream; a motor vehicle, camper or trailer located on the residence or a boat, watercraft, or other marine vessel located on the residence whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or gathering, and whether owned, leased, rented, or used with or without compensation.

"Underage person" means any person less than twenty-one years of age and shall have the same meaning as "minor," defined above.