A new city ordinance pertaining to underage alcohol consumption and possession passed its second reading Thursday, July 26 during the Clearlake City Council”s regular meeting. The ordinance will take effect on Aug. 25 following its 30-day waiting period.
The council passed the second reading of the ordinance on a 5-0 vote following another lengthy discussion of the topic. Again, public concern was raised regarding the potential for misuse of authority by officers enforcing the new law.
The new law pertains specifically to underage drinking that occurrs on private property. It prohibits consumption and possession of alcohol by persons younger than 21 unless the minor”s parent or legal guardian is physically present to supervise the activity. The law will hold responsible anyone allowing such activity to occur.
Implementation of the new law provides law enforcers with the authority to enter private property and cite those responsible for providing minors with alcohol, assuming they have probable cause. The concern voiced by some members of the public was that probable cause is not clearly defined within the ordinance. “Define probable cause,” said Carol Maninger, who identified herself as a Clearlake resident and former firefighter. “There are no guidelines here. A good law is worth a struggle. Make it clear what is to be expected and how to respond.”
Clearlake Police Chief Allan McClain said, “You can”t define probable cause in a document like this; there are too many variables.”
Council member Joyce Overton also questioned protocol for officers entering a private residence. “What is the protocol that gives them the right to go into a house?” Overton asked. McClain said that it goes back to the officers” training where they learn procedures such as establishing probable cause.
While Maninger and Overton said that despite their concerns, they were in support of the ordinance, Clearlake resident Jim Hoenegger spoke out against the law. “There”s nothing there to stop (the officers) from standing in the middle of the street and say ?Their lights are on; let”s see if there are kids in there. OK, there”s none in here how about over there?”” Hoenegger concluded, “There”s no protection for property owners. This is not good.”
Council member Chuck Leonard pointed out that all laws are subject to abuse. “Every ordinance we have on the books can be subject to abuse,” he said. “This ordinance is really simple. It doesn”t invite abuse.”
Second District Supervisor Jeff Smith said, “If we can give the police officer another tool in his toolbox then that”s the thing to do,” adding however, that he was unclear on the definition of legal guardian in relation to a person being his or her own legal guardian at the age of 18.
“In the eyes of the law when it involves alcohol, if you”re under 21 years you”re a minor,” McClain said.
The council passed the second reading of the ordinance on a 5-0 vote as Municipal Code 5-9.2: “Supervision by parent or guardian of alcoholic beverage possession or consumption by persons under twenty-one.” The code specifies the following:
a. No person under the age of twenty-one (21) years shall possess or consume any alcoholic beverage at any place not open to the public, unless that person is being supervised by the person”s parent or legal guardian.
b. No person shall suffer, permit, allow or host a social gathering at the person”s place of residence where one (1) or more persons under the age of twenty-one (21) are present and alcoholic beverages are in the possession of or being consumed by any person under the age of twenty-one (21) years and there is no supervision by the parent or legal guardian of each of the participants under the age of twenty-one (21).
c. Any person violating this section is guilty of a misdemeanor.
Violators of the law could face up to $1,000 in fines and/or up to one year in jail.
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com.
