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Home My WebLink About2019-12-17; City Council; ; Adoption of Ordinance No. CS-366 amending Carlsbad Municipal Code Chapter 8.45, Consumption of Alcohol or Controlled Substances by Minors at Parties, Events or Gatherings@ CITY COUNC IL Staff Report Meeting Date: To: From: Staff Contact: Dec. 17,2019 Mayor and City Council Scott Chadwick, City Manager Sheila Cobian, City Clerk Services Manager sheila.cobian@carlsbadca.gov or 760-434-2917 CA Review vv-e.,, Subject: Adoption of Ordinance No. CS-366 amending 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 Adopt Ordinance No. CS-366 amending Carlsbad Municipal Code (CMC), Chapter 8.45, Consumption of Alcohol or Controlled Substances by Minors at Parties, Events or Gatherings. Executive Summary /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. Recreational marijuana is now no longer a controlled substance under state law. To protect 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. Ordinance No. CS-366 was introduced and first read at the City Council meeting held on Dec. 10, 2019. On a motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, the City Council voted 4/0 to introduce the Ordinance. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. Fiscal Analysis An amendment of CMC Chapter 8.45 will have no foreseeable fiscal impact to the city. No additional appropriation is required. Next Steps The City Clerk will have the Ordinance or a summary of the Ordinance published in a newspaper of general circulation within fifteen days following adoption of the Ordinance. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of the California Environmental Quality Act (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. Dec. 17, 2019 Item #15 Page 1 of 5 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 meeting date. Exhibits 1. Ordinance No. CS-366 Dec. 17, 2019 Item #15 Page 2 of 5 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