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City of San Mateo Municipal Code.

7.22.055 SOCIAL HOST LIABILITY.

(a) No person shall knowingly suffer, permit or host a gathering at his or her place of residence or other private property, place or premises or host a gathering at a public place under his or her control where two or more persons under the age of 21 are present, where the gathering is unruly as defined by SMMC 7.22.020(a), and alcoholic beverages are in the possession of, being consumed by, or served to any underage person.

(b) In addition to any other remedy for violation of subsection (a) of this section, any person who owns or has control of the premises where the gathering occurs, rents the premises where the gathering occurs, or organized the gathering shall be jointly and severally liable for response costs incurred when public safety services were utilized in responding to an unruly gathering where alcohol was served to, consumed by or in the possession of underage persons. No prior warning or notification shall be required before the assessment of the response costs. If a person who has control of the premises where the unruly gathering occurs or the person who organizes the gathering is a juvenile, the juvenile and the parents or guardians of the juvenile will be jointly and severally liable for the response costs incurred when public safety services were utilized in responding to an unruly gathering where alcohol was served to, consumed by or in the possession of underage persons.

(c) The response costs of those abatement steps may be compiled and reported to the City Manager for hearing and assessment against the property owner as provided in Chapter 7.42

(d) In addition to any other remedy under law, the City may bill the costs incurred in seeking abatement of an unruly gathering where alcohol was served to, consumed by or in the possession of underage persons, to any person who has control of the premises where the gathering occurs, rents the premises where the gathering occurs, or organized the gathering. In establishing the costs and liability incurred as to persons who are not owners of the real property involved, the City shall provide a notice and hearing process before the City Council in substantial conformance to that provided to the owners of real property pursuant to Chapter 7.42.

(e) No person may be prosecuted in any criminal or administrative proceeding for a violation of subsection (a) of this section, if the evidence of the violation was obtained as a result of the person seeking medical assistance for themselves or someone else. No person may be held liable for the cost of responding to an unruly gathering under subsection (b) of this section, if the evidence that the person was responsible for the unruly gathering was obtained as a result of the person seeking medical assistance for themselves or someone else.