Staff Reports
LAKE COUNTY ? Since the City of Clearlake recently passed its city ordinance pertaining to underage alcohol consumption and possession, Mayor Judy Thein is now encouraging both the City of Lakeport and the Lake County Board of Supervisors to follow suit.
In follow-up comments to the Record-Bee, after the Clearlake City Council passed its law in late July, Thein said, “This is such an important issue that effects the entire County. This will be coming up very soon for the Board of Supervisors and the Lakeport City Council.”
Thein said she has received many positive comments about the ordinance passing in Clearlake, and she hopes the other government entities in Lake County will enact similar laws.
The new Clearlake ordinance will take effect on Aug. 25 following its 30-day waiting period. The Clearlake City Council passed the second reading of the ordinance on a 5-0 vote following a lengthy discussion July 26.
The new law pertains specifically to underage drinking that occurs 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.
Implementation of the new law provides law enforcement officers 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.
The new 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.
Maninger and Overton said that despite their concerns, they were in support of the ordinance, but Clearlake resident Jim Hoenegger spoke out against the law.
Hoenegger said, “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?””
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:
— 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.
— 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).
— 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.
Staff writer Denise Rockenstein filed this report in coverage from Clearlake. Managing Editor Rick Kennedy contributed updated information at press time.
