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HomeMy WebLinkAbout2019-12-10; City Council; ; Amendment to the Carlsbad Municipal Code Chapter 8.45, Consumption of Alcohol or Controlled Substances by Minors at Parties, Events or Gatherings, to add marijuana to theCA Review ;µG-- Q S~~fi R~port Meeting Date: To: From: Staff Contact: Subject: Dec. 10, 2019 Mayor and City Council Scott Chadwick, City Manager Cindy Anderson, Senior Management Analyst Cindy.Anderson@carlsbadca.gov, 760-931-2170 Amendment to the Carlsbad Municipal Code Chapter 8.45, Consumption of Alcohol or Controlled Substances by Minors at Parties, Events or Gatherings, to add marijuana to the list of prohibited items for consumption by minors. Recommended Action Introduce an ordinance amending Chapter 8.45, Consumption of Alcohol or Controlled Substances by Minors at Parties, Events or Gatherings. Executive Summary In September 2009, the City adopted Ordinance CS-053, which added Chapter 8.45 to the Carlsbad Municipal Code (CMC). CMC Chapter 8.45 regulates the consumption of alcoholic beverages, controlled substances, and/or alcoholic beverages and controlled substances by minors at parties, gatherings and events. The amendment would add marijuana to the list of prohibited items for consumption by minors at parties, events, or gatherings. Discussion Prior to 2016, marijuana would have been included in CMC Chapter 8.45 as it was classified as a controlled substance under both federal and state law. In 2016, the voters of California passed Proposition 64 and legalized the recreational use of marijuana. Therefore, under state law, marijuana is no longer a controlled substance. The misuse of marijuana by minors is a concern and can potentially have the same consequences as the misuse of alcohol. According to SANDAG's 2017 CJ Bulletin detailing a study on 2017 Juvenile Arrestee Drug Use in the San Diego region, marijuana was the drug of choice of young persons. The report also highlighted that 56% of the youths interviewed stated that marijuana was the first illegal substance they had tried. To protect the safety of youths from the perils of marijuana use, CMC Chapter 8.45 should be amended to specifically add marijuana to the list of substances prohibited to be consumed by minors at parties, events, and/or gatherings. The County of San Diego, the cities of San Diego, San Marcos, La Mesa, Escondido, Santee, Chula Vista and Coronado have added marijuana to the list of prohibited substances in their social host ordinances. Dec. 10, 2019 Item #7 Page 1 of 9 Fiscal Analysis Funding for the amendments to the Social Host Ordinance will not have a significant fiscal impact. No additional appropriation is needed. Next Steps Following introduction of the Ordinance, the city clerk will prepare the Ordinance for adoption at the next regular Council Meeting. Once adopted, the city clerk will publish the Ordinance or a summary of the Ordinance in a newspaper of general circulation within 15 days. The Ordinance will be effective 30 days following the adoption. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing at least 72 hours prior to the posting of the agenda. Exhibits 1. City Council Ordinance 2. Social Host Ordinance Amendments Strikeout Version 3. Social Host Ordinance Amendments Clean Version 2 Dec. 10, 2019 Item #7 Page 2 of 9 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. 10, 2019 Item #7 Page 3 of 9 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. 10, 2019 Item #7 Page 4 of 9 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_ day of ___ _, 2019, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Dec. 10, 2019 Item #7 Page 5 of 9 Exh ibit 2 8.45.010 Definitions. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. "Alcoholic beverages," for the purposes of this chapter, includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by volume, and which is fit for consumption either alone or when diluted, mixed or combined with other substances. "Control" means any fonn of dominion, including, but not limited to ownership, tenancy or other possessory right. "Controlled substances or illegal drugs" shall include all narcotics or drugs, the possession of which is illegal under the laws of the State of California as defined under the Penal Code, Health and Safety Code, and related statutes. "Guardian" means (1) a person who, under court order, is the guardian of the subject juvenile, or (2) a public or private agency with which the court has placed the subject juvenile. "Marijuana" means all parts, as a whole or in pai1, 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. "Minor" means any person under the age of 21 . "Parent" means a person who is a natural parent, adoptive parent, or stepparent of the subject minor. "Party, gathering or event" means a group of persons who have assembled or are assembling for a party, social occasion or social activity. "Person responsible for the paity, gathering or event" includes, but is not limited to: (1) the person(s) who owns, rents, leases, or otherwise has control of the premises where the party, gathering or event takes place; (2) the person(s) in charge of the premises; or (3) the person(s) who organized the event. "Premises" means any residence or other private property, place, or premises including any commercial or business premises. (Ord. CS-053 § 1, 2009) 8.45.020 Unsupervised consumption of alcohol by minor. 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 alcoholic beverage and controlled 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 alcoholic beverage and controlled any combination of said substances;. (Ord. CS-053 § 1, 2009) 8.45.030 Hosting, permitting, or allowing a party, gathering or event where minors consume alcoholic beverages or controlled substances prohibited. Dec. 10, 2019 Item #7 Page 6 of 9 Exhibit 2 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 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 fo1ih in subsection B of this section. This section shall not apply to conduct involving the use of alcohol which occt1rs 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 marijuana at the party, gathering or event when minors are present; controlling the quantity of alcoholic beverages and/or marijuana 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 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 § l, 2009) Dec. 10, 2019 Item #7 Page 7 of 9 Exhibit 3 8.45.010 Definitions. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. "Alcoholic beverages," for the purposes of this chapter, includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by volume, and which is fit for consumption either alone or when diluted, mixed or combined with other substances. "Control" means any form of dominion, including, but not limited to ownership, tenancy or other possessory right. "Controlled substances or illegal drugs" shall include all narcotics or drugs, the possession of which is illegal under the laws of the State of California as defined under the Penal Code, Health and Safety Code, and related statutes. "Guardian" means (1) a person who, under court order, is the guardian of the subject juvenile, or (2) a public or private agency with which the court has placed the subject juvenile. "Marijuana" means all paiis, 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 fonn, 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. "Minor" means any person under the age of 21. "Parent" means a person who is a natural parent, adoptive parent, or stepparent of the subject minor. "Party, gathering or event" means a group of persons who have assembled or are assembling for a party, social occasion or social activity. "Person responsible for the party, gathering or event" includes, but is not limited to: (1) the person(s) who owns, rents, leases, or otherwise has control of the premises where the party, gathering or event takes place; (2) the person(s) in charge of the premises; or (3) the person(s) who organized the event. "Premises" means any residence or other private property, place, or premises including any commercial or business premises. (Ord. CS-053 § 1, 2009) 8.45.020 Unsupervised co nsumption of alcohol by minor. 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) 8.45.030 Hosting, permitting, or allowing a party, gathering or event where minors consume alcoholic beverages or controlled substances prohibited. 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 Dec. 10, 2019 Item #7 Page 8 of 9 Exhibit 3 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 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 A1iicle 1, Section 4 of the California Constitution, or conduct which is otherwise permitted under state or federal law. B. Reasonable steps include coi1trolling access to alcoholic beverages and marijuana at the party, gathering or event when minors are present; controlling the quantity of alcoholic beverages and/or marijuana 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 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 paiiy, gathering or event. (Ord. CS-053 § 1, 2009) Dec. 10, 2019 Item #7 Page 9 of 9 Social Host Ordinance Update Marissa Kawecki, Deputy City Attorney Neil Gallucci, Chief of Police December 10, 2019 Municipal Code Chapter 8.45 •In 2009, Carlsbad adopted Municipal Code Chapter 8.45 •Chapter 8.45 regulates the consumption of alcohol and/or controlled substances by minors at parties, gatherings and events in the City 2 Proposition 64 •In 2016, the voters of California approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act •California law now permits adults 21 years of age and over to possess and grow specified amounts of marijuana for recreational use. 3 Changes to Municipal Code •Prior to the passage of Prop. 64, marijuana would have been included in Municipal Code Chapter 8.45, as it was a controlled substance. •Municipal Code Chapter 8.45 needs to be amended to add the term marijuana, since state law no longer classifies marijuana as a controlled substance but also prohibits persons under age 21 from possessing marijuana 4