New House Party Law to Stop Underage Drinking Sent Back by City Council

Imperial Beach hasn't fined anyone who allows minors to drink at a party in five years, Public Safety Department Director Tom Clark told the Imperial Beach City Council, though there have been occasions on holidays and weekends when citations would have been appropriate.

Clark's explanation and pleas from youth activists wasn't enough to change opinions of city councilmembers at a meeting last week.

More needs to be shared with city council and the public about the potential draw on limited resources the change in wording could create, said Councilman Bobby Patton.

"I want to make it very clear I do not condone underage drinking at any time or in any place," Patton said, but "an ordinance is in place, is being enforced and is working at this time. A new ordinance would require additional resources and at this time I can't endorse this ordinance as it's written."

Uncomfortable with a lack of information from city staff, city councilmembers delayed judgement or rejected the idea of repealing the city's current house party law and replacing it with a new law during a first review at a Nov. 6 city council meeting. 

Staff has been asked to return to a meeting next month with more information about proposed changes. 

If approved, the new social host ordinance will be almost identical to the current one, except that it will broaden the definition of who can be held responsible if a minor is found drinking, a staff report said.

"The owner or person who is in control of the property" will be hit with a fine that starts at $100 and can escalate to $1,000 for repeat offenders. 

The adult who knew or "should have known" will be held responsible for the illegal activity, said Public Safety Department Director Tom Clark. The new social host ordinance will encourage people who hold parties to card attendees to verify their age and to be more responsible, Clark said.

Unlike current law, the new ordinance will lack language about citations for drugs since drug enforcement falls under state penal code.

In response to Patton's comments, Clark said "the ordinance that is in place because it is a model ordinance and was passed in 2003 is unenforceable. So we either take it off the books completely or we bring in this new ordinance." 

Language in IB's social host ordinance was also adopted by several other locales but was considered unenforceable after its language was challenged in another city in 2008, Clark said. Since then, people have only been cited for noise complaints and not underage drinking.

Clark has been looking at a change to the city's house party law since he was hired as public safety director three years ago, he said. 

"It's a tough issue but what's at stake here, obviously, are lives," said Councilwoman Lorie Bragg.

Teens from South Bay Youth 4 Change agree. Members of the group spoken in favor of a change in the house party law last week and last month.

"I attend mar vista high school and I am concerned about underage drinking which i see and hear about on a daily basis," said Stephanie Montes, an Imperial Beach resident. "I know I am not the only one who has heard about parties where underage drinking take place at school."

Click here to read more about how to report underage drinking in San Diego.

Councilman Ed Spriggs said he wants to deal with the underlying problem but that a side by side comparison is necessary. 

"I'm a little uncomfortable about not being able to do that and make up my own mind about what the differences are between the two versions so without seeing that I really do feel a little uncomfortable with going forward with this legislation at this time."

Without a comparison, "it's hard for me to understand what's really being fixed here."

Landlords may be notified about the issuance of underage drinking citations but will not be considered the primary party responsible for the activity, Clark said. 

Landlords should be held responsible for renting to bad people, said Mayor Jim Janney.

"I don't see how an ordinance… you can't go after the landlord," said Mayor Jim Janney. "I mean I'm a tenant or somebody's a tenant in a building, I don't see how an ordinance doesn't say 'I am in control of this property. It's my fault I rented it to this derelict tenant.' And now you're going to come after me and I might not be anywhere aware of it.

The current house party ordinance does not make clear who may be held responsible, said City Attorney Jennifer Lyons.

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