(Insert Curry Code): Social Host Ordinance.
(1) For purposes of (Insert Curry Code), the following words or terms have the following meanings:
(a) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whisky, rum, brandy, wine or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced.
(b) "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
(c) "Event or gathering" means any group of three (3) or more persons who have assembled or gathered together for a social occasion or other activity.
(d) "Host" means to aid, conduct, allow, entertain, organize, supervise, control or permit a gathering or event.
(e) "Parent" means any person having legal custody of a juvenile:(i) As a natural or adoptive parent or stepparent;
(ii) As a legal guardian; or
(iii) As a person to whom legal custody has been given by order of the court.
(f) "Person" means any individual, partnership, co-partnership, corporation, or any association of one or more individuals.
(g) "Underage person" means any individual under twenty-one (21) years of age.
(h) "Knowledge and consent" of a host is presumed if the owner(s) and/or occupant(s) of the residence or premises has been informed that an underage party was held at their residence or premises within the past three (3) years.
(i) "Residence" or "premises" means any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with permission or compensation.
(j) "Response" includes, but is not limited to: the time spent on the call by responding deputy sherrif or other law enforcement or medical/emergency response personnel including response time from dispatch until the law enforcement officers or medical/emergency response personnel are cleared from the call. Response will also include necessary report writing related to the call for all responders.
(2) All persons are prohibited from:
(a) Hosting or allowing any event or gathering at any residence, premises, or on any other private or public property where alcohol or illegal, controlled, or intoxicating substances are present when the person knows or reasonably should know that an underage person will or does(i) Consume or ingest any alcohol, alcoholic beverage, or illegal, controlled substance; or
(ii) Posses any alcohol, alcoholic beverage, or illegal, controlled substance with the intent to consume it; and
(iii) The person fails to take reasonable steps to prevent possession, ingestion or consumption by the underage person(s).
(b) The Prohibitions of (Insert Curry Code)(2)(a) also apply to all persons who intentionally aid, advise, hire, counsel or conspire with or otherwise procure another to commit the prohibited act outlined in (Insert Curry Code)(2)(a) above.
(c) A person who hosts an event or gathering does not have to be present at the event or gathering to be in violation of (Insert Curry Code)
(a) The Provisions of (Insert Curry Code)(2) does not apply to conduct solely between an underage person and his or her parents while present in the parent's household
(b) The provision of (Insert Curry Code)(2) does not apply to legally protected religious observances.
(c) The provisions of (Insert Curry Code)(2) does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.
(d) The provisions of (Insert Curry Code)(2) does not apply to owners of large tracts of non-residential timber and agricultural land over 50 acres in size, and/or rental income property owners, unless they had knowledge of the event and consented to the occurrence of the event.
(4) Enforcement and Penalties
(a) The provisions of (Insert Curry Code)(2) can be enforced by any police officer or sherrifs deputy within Curry County.
(b) Violation of the Social Host Ordinance, (Insert Curry Code) is an unclassified violation requiring a mandatory appearance and is punishable upon conviction as follows:(i) First response:(A) The occupant(s) and owner(s) of the property shall receive notice of the event and a warning that if another event occurs involving the same occupants and owners, the provisions of (Insert Curry Code) requires payment of response fees and enhanced fines.
(B) The occupant(s) and owner(s) of the property shall be fined $500
(ii) Second and subsequent responses:(A) For the second response, the occupant(s) and owner(s) shall be assessed the actual cost for law enforcement, fire and other emergency response provides to respond to the location and conduct the investigation and/or emergency care that is deemed necessary by the responding agencies and an additional $1,000 fine shall be charged.
(B) For each subsequent response, the occupants(s) and owner(s) shall be assessed the actual cost for law enforcement, fire and other emergency response providers to respond to the location and conduct the investigation and/or emergency care that is deemed necessary by the responding agencies, and an additional $1,500 fine shall be charged.
(5) Fees and fines can be collected through either a collection agency, through civil action or through a request for restitution through the appropriate court handling either the violation proceeding or related proceedings. Responding entities may formulate intergovernmental agreements as to the handling of response fee assessments.