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Policies & Laws
city of davis, state, & federal laws

Civil Liability, Specific Damages, General Damages, Punitive Damages

  • While the law regarding civil liability is complex, it is important to know that under some circumstances event hosts, sponsors, bartenders or others might be held legally liable for the consequences of serving alcohol to underage drinkers or to obviously intoxicated persons.
  • As a social host or event planner, you could be sued and held personally liable for damages to the injured party(ies) such as medical expenses or lost wages resulting from bodily injury, or damages to compensate for pain and suffering resulting from bodily injury.
  • You could even be held liable for what are called “punitive damages” – these are damages intended to serve as an example to others and to discourage behavior that is deemed highly undesirable to society.

This civil liability section has been excerpted from and modified from the Stanford Party Planning Guide.

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Open Container Ordinance (City of Davis)

  • The City of Davis Open Container Ordinance states that no one can consume or possess an open container of alcohol in certain locations. The fine is $482. These locations are:
    • Public rights of way (streets, sidewalks, bike paths, greenbelts, alleys, parking lots open to the public, etc.)
    • Central Park (401 C St.)
    • Cedar Park (626 K St.)
    • Oxford Circle Park (505 Oxford Circle)
    • Chestnut Park (1020 Chestnut Ln.)
    • N Street Park (567 N St.)
    • In parking lots of locations that sell closed containers of alcohol (such as grocery or convenience stores)
    • In parking lots of private apartment complexes, if signs are posted
    • Within 600 feet of school property, when school or school functions are in session, prior and one hour after
  • You can obtain a permit if you want to hold an event at a place where the open container ordinance applies. Permits for groups with 10 or less people take up to 3 business days and costs $10 while groups with more than 10 people will take up to 16 business days and cost $30. This is a streamlined permit process, so you can submit one form (and one fee) to cover additional permits such as alcohol, noise, and street use. The application is available on the City of Davis Police Department website.
  • Visit the City of Davis website for more information about the Open Container Ordinance (chapter 26.04) and detailed maps outlining all the areas where the Open Container Ordinance applies.

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Noise Regulations (City of Davis)

The City of Davis has restrictions related to noise under the Noise Regulations. In general, this allows for normal noise limits Sunday-Thursday until 10 p.m. and Friday-Saturday until 12:30 a.m of the following day.

  • If you’re going to be holding an indoor or outdoor party with amplified sound (or if you have more than 100 people coming), you are required to get a noise permit. Download the application from the City of Davis Police Department website and make sure to apply at least 16 days in advance.
  • You might be thinking, “Who cares? I’m going to have that loud party I always wanted and endure whatever consequences come my way.” These are the penalties you may face if you receive a noise citation:
    • First time offender: $160
    • Offender does not pay in time: additional $300
    • Repeat offenders: $300
  • As a note: noise violations can be given to more than one resident of the house or apartment.
  • Visit the City of Davis website for more information about the Noise Regulations (chapter 24).

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Nuisance Abatement (City of Davis)

Owners and occupants/tenants can both be held responsible for failing to keep a property adequately maintained. Conditions which constitute a public nuisance include any dangerous or unsightly conditions that are detrimental to the health, safety or welfare of the public, such as trash, packing materials, discarded furniture, vehicles parked on a lawn, etc. People violating the nuisance abatement ordinance may be subject to fines, clean up costs, and civil and/or criminal penalties.

Visit the City of Davis website for more information about Nuisance Abatement (chapter 23).

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Social Host Liability (State)

Statute or case law that imposes potential liability on social hosts as a result of their serving alcohol to obviously intoxicated persons or minors who subsequently are involved in crashes causing death or injury to third-parties.

This means that anyone who servers or provides alcohol to persons under 21 can be held criminally liable if an underage person who was provided alcohol is killed or injured or kills or injures another person. In addition, the law prohibits any person from serving alcohol to anyone who is “obviously intoxicated” The server can face arrest, a $1,000 fine, and/or 6 months in jail.

To prevent this, think ahead and use common sense. Know everyone at your party and don’t provide alcohol to minors or people who are obviously drunk. Be careful of who you let in the door. Even if they did not drink at your party, if that’s the place they were before the accident, you are still liable. This is why bars and clubs have bouncers, to keep minors and people who are obviously intoxicated out.

Details regarding Social Host Liability are addressed in California Business and Professionals Code 25602 and 25658.

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TRACE Program (State)

TRACE stands for Target Responsibility for Alcohol Connected Emergencies. TRACE, a California law enforcement program, literally “traces” the source of alcohol provided. Within the program, investigating officers will identify where, when and who purchased the alcoholic beverage.

If you are identified as the source of alcohol to minors, you may be fined $1000.00 with an additional penalty of 24 hours of community service.

The state's Alcohol Beverage Control (ABC) website has a pdf with more information about TRACE.

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Mixing Minors and Alcohol

Everyone loves to have all of their friends included in the alcohol antics; however, it is still illegal for anyone under 21 to buy, possess, or consume alcoholic beverages. Here are some of the state and federal consequences when mixing alcohol and minors.

If you provide alcohol to someone who is under 21:

  • $1,000 fine and at least 24 hours of community service
  • If the intoxicated minor causes great bodily injury or death to the minor or another person, the person who provided alcohol faces 6-12 months in jail

If you are under 21 and you…

  • …are caught drinking alcohol
    • 1st offense: $250 fine and/or 24-32 hours of community service
    • 2nd offense: up to $500 fine and/or 36-48 hours of community service
  • …are caught trying to buy alcohol at a local liquor store
    • 1st offense: up to $100 fine and/or 24-32 hours of community service
    • 2nd offense: up to $250 fine and/or 36-48 hours of community service
  • …are caught drinking alcohol in public
    • 1st offense: $500 fine and/or 24-32 hours of community service
    • 2nd offense: $1,000 fine and/or 36-48 hours of community service
  • …are caught in a bar
    • $200-$1000 fine and/or six months in jail
  • …are caught using a fake ID (including altered, borrowed, stolen, or counterfeit identification, or using false birth documents)
    • 1st offense: minimum $500 fine, 24-32 hours of community service, and/or 6 months in jail.
    • 2nd offense: up to $1,000 fine and/or 36-48 hours of community service

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Other State & Federal Laws

Sometimes the fun just spills out of a party. Always use the buddy system to keep yourself and your friends out of trouble. Here are a couple more state and federal regulations that you could be facing if you don’t watch out.

  • Caught making fake ID's: $2,500 and 24 hours of community service
  • Drunk in Public: $330 fine
    • 1st offense: 1 year driver’s license suspension
    • 2nd offense: add 1 year of probation and attend 8 AA meetings
  • Disturbing the Peace: $330 fine
  • Refusing to Obey an Officer: $530 fine
  • Giving False Information: $634 fine
  • Resisting Arrest: $710 fine and 1 year of probation
  • Urinating in Public: $330 fine

 

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Content adapted from "Wanna Party?" written by Cowell Student Health Center Health Education & Promotion and "A Student's Guide to Social Event Planning" from the Student Programs and Activities Center.

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