19.01.020 Definitions.
As used in this chapter, the following terms shall be defined as follows:
“Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
“Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
“City” means the City of Larkspur and its officers, employees, and all other persons acting on its behalf.
“Controlled substance” means a drug or substance the possession and use of which are regulated under the California Controlled Substances Act (California Health and Safety Code Section 11000 et seq.). Such term does not include any drug or substance for which the individual found to have consumed or possessed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription, or in the case of medical cannabis, a recommendation for medical marijuana from an approved provider, or a State of California medical marijuana ID card.
“Hearing Officer” means an individual selected by the City Manager from an existing list of duly qualified hearing officers maintained for the purpose of hearing appeals under Larkspur Municipal Code Section 19.01.060. The employment, performance, evaluation, compensation and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer.
“Juvenile” means any person less than eighteen (18) years of age.
“Loud or unruly gathering” means a party or gathering of two (2) or more persons at a residence or on other private or public property or a party bus, limousine or other conveyance or rented property upon which loud or unruly conduct occurs. Such loud or unruly conduct constitutes a public nuisance and includes but is not limited to:
1. Excessive noise;
2. Excessive traffic;
3. Obstruction of public streets and/or the presence of unruly crowds that have spilled into public streets;
4. Public drunkenness or unlawful public consumption of alcohol or alcoholic beverages;
5. Assaults, batteries, fights, domestic violence or other disturbances of the peace;
6. Vandalism;
7. Litter; or
8. Any other conduct which constitutes a threat to the public health, safety, or quiet enjoyment of residential property or the general welfare.
“Marijuana” is defined as any and all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin and includes concentrated marijuana. The prohibition herein includes marijuana in any form including but not limited to cigarettes, vapor, food products containing marijuana or concentrated marijuana, hash oil and any other product of marijuana that can be smoked or ingested.
“Minor” means any person less than twenty-one (21) years of age.
“Party, gathering, or event” means a group of persons who have assembled, or are assembling, for a social occasion or for a social activity that is loud or unruly and which is occurring at a place where alcohol is being consumed or controlled substances/marijuana is being ingested by one or more persons.
“Person responsible for the event” means and includes, but is not limited to:
1. The person who owns, rents, leases or otherwise has control of the private or public premises, party bus, limousine or other conveyance where the gathering occurs; and/or
2. The person in charge of such premises; and/or
3. The person who organized the event. If the person responsible for the event is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable under this chapter. (Ord. 1031, 2018; Ord. 1030 § 2(13), 2018; Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015; Ord. 961 § 1 (part), 2008. Formerly 9.56.020)