Appendix 41203. Definitions.

For the purposes of this article, the following definitions shall apply:

(a)

"Alcoholic beverages" shall mean alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half (½) of one (1) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

(b)

"Juvenile" means any person less than eighteen (18) years of age.

(c)

"Residence" or "other private property" shall mean a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.

(d)

"Responsible person" shall mean a person or persons with a right of possession of the residence or other private property at which an unruly gathering is conducted. A responsible person need not be present at such gathering and prior knowledge of the unruly gathering is not a prerequisite to a finding that any specific individual is a responsible person as defined by this section. Responsible person includes, but is not limited to:

(1)

Owner(s) and/or lessee(s) of the property where an unruly gathering is taking place, including the record owner of the title to property, wherever that person or entity may currently reside;

(2)

Person(s) hosting an unruly gathering;

(3)

Person(s) receiving money or consideration for granting access to unruly gathering;

(4)

Parent(s) or legal guardian(s) of a minor who is also a responsible person;

(5)

Person(s) in charge of the residence or other private party;

(6)

Tenant of the residence or other private property.

(e)

"Underage person" shall mean any person less than twenty-one (21) years of age.

(f)

"Unruly gathering" shall mean a party, event or gathering where two (2) or more underage persons are present at a residence or other private property in which alcoholic beverages are being consumed, served to or possessed by any underage person and/or at which unruly conduct occurs. Unruly conduct is that which threatens the public health, safety or general welfare, or interferes with the quiet enjoyment of residential property and may include, without limitation, excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages, assaults, batteries, fights, domestic violence or other disturbances of the peace, vandalism, litter.

(Ord. No. 06-341, § 1, 5-9-2007)