9.54.020 Definitions.
For the purpose of this Chapter, the following definitions shall apply.
A. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
B. “Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one 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.
C. “Controlled Substance” means a drug or substance described in California Health and Safety Code section 11007, as may be amended or superseded, provided that the term does not include any drug or substance for which an individual found to have possessed or consumed such drug or substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.
D. “Marijuana” means all parts, as a whole or in part, of the Cannabis plant, whether growing or not, the seeds thereof, and/or the resin extracted from any such plant; and every compound, manufacture, derivative or preparation of such plant including seeds, resin, and concentrated marijuana. The prohibition herein includes marijuana in any form including, but not limited to, cigarettes, vapor, food products, or any other product of marijuana that can be smoked or ingested.
E. “Minor” means any person less than 21 years of age.
F. “Party, gathering, or event” means a group of persons who have assembled, or are assembling, for a social occasion or for a social activity that is occurring at a place where alcohol, controlled substances, and/or marijuana are is being consumed by one or more persons.
G. “Police services” include: the salaries and benefits paid to the police officers for the amount of time actually spent in responding to, or in remaining at, the party, gathering, or event, at a rate established by resolution of the City Council; the actual cost of any medical treatment to injured officers; and the cost of repairing any damaged City equipment or property.
H. “Responsible Person” means a person or persons with a right of possession of the residence or other private property, party bus, or limousine, at which a party, gathering, or event takes place including, but not limited to:
1. Any owner of the residence or other private property, regardless of the actual residence of the person or entity.
2. A tenant or lessee of such residence or other private property.
3. The landlord of another person responsible for the party, gathering, or event provided that the landlord received notice of a prior loud or unruly gathering at the same residence or private property.
4. The person(s) in charge of the residence or other private property.
5. The person(s) who organizes, supervises, officiates, conducts, or controls the party, gathering, or event. A Responsible Person need not be present at such party, gathering, or event and prior knowledge of the gathering is not a prerequisite to a finding that an individual is a Responsible Person as defined by this Section.
I. “Restorative Justice Program” means a program accredited or approved by a California Superior Court or by the Director of the Marin County Department of Health and Human Services or his or her designee that incorporates restorative practices such as peer-to-peer review, accountability, and parent participation, in an effort to reduce youth recidivism and deter future adult criminality.
J. “Threat to the public peace, health, safety or general welfare” shall mean any of the following: excessive noise, vandalism, boisterous or unruly conduct, street congestion, public drinking and/or usage of controlled substances and/or marijuana, fighting, disturbance of the peace of the neighborhood in which the event is taking place, or any violation of law committed by a partygoer anyone in attendance at the party, gathering or event. (Ord. 2018-3 § 2, 2018; Ord. 2008-3 § 2, 2008.)