LAKEPORT — A new ordinance passed in Clearlake aimed at curbing underage drinking has made its way to Lakeport. Tuesday”s city council meeting saw a presentation by Chief of Police Kevin Burke explaining the ordinance that discourages consumption of alcoholic beverages by underage persons.
Current law prohibits underage drinking in public places and cites adults who contribute to the delinquency of a minor by supplying them alcohol. But certain loopholes exist, said Burke, and the new ordinance gives law officials tools to close in on underage drinking in private places.
There are two ways to be in violation under the new ordinance. One is to be a minor in possession of alcohol without parental supervision or permission. The other violation is that any person can be cited who allows an event to take place with minors and alcohol without each minor being supervised by their legal guardian
“If officers find an underage person in possession of alcohol in a private place, they can be cited under the new ordinance,” Burke said. “Currently, it has to be in a public place under 25662 of the business and profession code?that”s why there”s a need for this because there”s obviously a loophole there.”
He said while underage drinking in private residences is “not an overwhelming problem in Lakeport” the city will adopt the ordinance to comply with the city of Clearlake. “I know the county is considering it as well, they”ve made it pretty clear they would pass it,” Burke said.
Current underage drinking laws state it is illegal for a minor to be under the influence of alcohol and for adults to purchase alcohol for minors or knowingly allow minors to drink alcohol. “It”s a case by case basis,” Lakeport Police Lt. Brad Rasmussen said. “Depending on the facts of the case, we have to find out how the alcohol was provided. If you gave someone alcohol and they got in an accident, you could be sued for damages.”
He said if a parent wasn”t aware of a party going on at their house where minors were drinking, they wouldn”t face charges. But under the new ordinance, Burke said, officials would be able to enter the home, confiscate the alcohol and cite the minors, even if it is a private residence or property.
The ordinance was initiated in July by Clearlake Mayor Judy Thein. “When this ordinance was introduced to the Clearlake City Council, it met with support and opposition. Those that supported it were eager to try to protect our youth?those that opposed it cited that it was an invasion of privacy,” Thein said.
“Regarding invasion of privacy, if a minor is drinking as a party and an officer has to respond, thank God that officer knocked on that door and saved the lives of those minors?before they were able to get into a motor vehicle,” Thein said as she addressed Lakeport city council members.
Gov. Arnold Schwarzenegger in Oct. passed five new laws that address DUI offenders and focus on discouraging under age drinking. One such law says that if a person driving under the influence of drugs and alcohol causes the death of another person, they can be charged with murder.
“This legislation recognizes the seriousness of drinking and driving. When I heard about these laws, I thought, ?OK, we”re on the right track” because the city of Clearlake had already passed this,” Thein said.
Thein said she is passionate about the ordinance and preventing underage drinking, especially drinking and driving. She lost her daughter to a drinking and driving accident in which her daughter was the passenger in a vehicle operated by a drunk driver.
“I think a lot of people in opposition believe there are already laws in place, but there aren”t in terms of minors drinking in a private residence. As far as it being an invasion of privacy, we need to remember that not all parents are responsible and some don”t care what their children are doing,” said Thein.
Contact Elizabeth Wilson at ewilson@record-bee.com.
