HomeMy WebLinkAbout2019-12-17; City Council; CS-366; AN ORDINANCE AMENDING CHAPTER 8.45 CONSUMPTION OF ALCOHOL OR CONTROLLED SUBSTANCES BY MINORS AT PARTIES, EVENTS OR GATHERINGS.ORDINANCE NO. CS-366
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CHAPTER 8.45 CONSUMPTION OF ALCOHOL OR
CONTROLLED SUBSTANCES BY MINORS AT PARTIES, EVENTS OR
GATHERINGS.
WHEREAS, the City of Carlsbad has the authority to enact laws that protect the public health,
safety and general welfare of its residents pursuant to the police power delegated to it by the California
Constitution; and
WHEREAS, Carlsbad Municipal Code (CMC) Chapter 8.45 contains the city's social host
regulations which prohibits the consumption/ingestion of alcoholic beverages and/or controlled
substances by minors in certain settings and imposes a duty on those in control of the premises who
host, facilitate, permit and/or allow a party, gathering and/or event to prevent minors from
consuming/ingesting alcoholic beverages and/or controlled substances; and
WHEREAS, with the passage of Prop 64, recreational marijuana has become legal in the State of
California to persons age 21 and older, and as a result, has become more accessible to minors; and
WHEREAS, with the recent legalization of marijuana for recreational use in the State of
California, the city desires to update CMC Chapter 8.45 to include marijuana to the list of substances
prohibited to be consumed by a minor at a party, gathering and/or event.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. Carlsbad Municipal Code Chapter 8.45, Section 8.45.010 is amended to add the
following definitions:
"Control" means any form of dominion, including, but not limited to ownership, tenancy
or other possessory right.
"Marijuana" means all parts, as a whole or in part, of the cannabis plant, whether the
plant is still growing or not, the seeds thereof, and/or the resin extracted from the
cannabis plant and every compound, derivative and/or preparation of the cannabis
plant in any form. The prohibition contained in this Chapter includes marijuana in any
form, including, but not limited to, cigarettes, vapor, food products and/or any other
form where the marijuana can be smoked and/or consumed in any way.
Dec. 17, 2019 Item #15 Page 3 of 5
3. Carlsbad Municipal Code Chapter 8.45, Section 8.45.020 is amended to read as follows:
Except as permitted by state law, no minor shall:
A. Consume and/or ingest in any public place or any place open to the public
any alcoholic beverage, marijuana, controlled substance and/or any
combination of said substances; or
B. Consume and/or ingest in any place not open to the public any alcoholic
beverage, marijuana, controlled substance and/or any combination of said
substances. (Ord. CS-053 § 1, 2009)
4. Carlsbad Municipal Code Chapter 8.45, Section 8.45.030 is amended to read as follows:
A. It is unlawful for any person having control of any premises to knowingly
suffer, permit, allow, or host a party, gathering, or event at said premises where
three or more persons are present whenever the person having control of the
premises either knows a minor consumed an alcoholic beverage, marijuana
and/or a controlled substance or reasonably should have known that a minor
consumed an alcoholic beverage, marijuana and/or controlled substance. For
purposes of this subsection, a person reasonably should have known that a
minor consumed an alcoholic beverage, marijuana and/or a controlled
substance if that person did not take reasonable steps to prevent the
consumption of an alcoholic beverage, marijuana and/or controlled substance
by a minor as set forth in subsection B of this section. This section shall not apply
to conduct involving the use of alcohol which occurs exclusively between a minor
child and his or her parent or legal guardian, as permitted by Article 1, Section 4
of the California Constitution, or conduct which is otherwise permitted under
state or federal law.
B. Reasonable steps include controlling access to alcoholic beverages and/or
controlled substances and/or marijuana at the party, gathering or event when
minors are present; controlling the quantity of alcoholic beverages and/or
marijuana and/or controlled substances at the party, gathering or event when
minors are present; verifying the age of persons attending the party, gathering
or event by inspecting driver's licenses or other government-issued
Dec. 17, 2019 Item #15 Page 4 of 5
identification cards to ensure that minors do not consume alcoholic beverages,
marijuana and/or controlled substances while at the party, gathering or event;
and supervising the activities of minors at the party, gathering or event. (Ord.
CS-053 § 1, 2009)
EFFECTIVE DATE: This ordinance shall be effective 30 days after its adoption; and the city clerk
shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the
ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within 15 days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Carlsbad
on the 10th day of December 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 17th day of December 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
DLI~
CELIA A. BREWER, City Attorney
MM!tl ~ Hed,!f 6tJmez,
-(c,r BARBARA ENGLESON, City Clerk f\ -µ€p~ij
(SEAL) C rt j
CJen<
Dec. 17, 2019 Item #15 Page 5 of 5