Agoura Hills law makes parents liable for their child's drinking
By Stephanie Bertholdo bertholdo@theacorn.com

A social host ordinance passed in Agoura Hills will make underage drinking the problem of parents.

Parents could face fines of up to $1,000 if their children's unruly boozing behavior prompts nuisance calls to the sheriff's department.

The ordinance applies even to parents who say they were out for the evening and didn't know about their children's plans. The law assumes parents should know what their children are up to while they are away.

Assistant City Manager Nathan Hamburger said the law would apply to minors who are served, consume or possess alcohol. The law aims to discourage parents from hosting such parties for minors, he said.

Lt. Steve Smith of the Lost Hills Sheriff's Station said the law gives officers an additional tool to combat underage drinking. Rather than making an arrest, which is difficult if teens aren't caught red-handed holding a bottle, the law provides an "administrative" process that allows officers more latitude in recognizing a problem.

Under the old law, "officers had to catch a minor holding an alcoholic beverage and then test the beverage to make sure it actually contained alcohol," Smith said.

Under the new law passed April 25, officers will be able to issue warnings and take various factors into consideration rather than just making an arrest. Cases will be heard by a hearing officer. Retired sheriff's deputy Kevin Mock is in line for the position, Smith said.

Smith said sheriff's deputies were called to one recent underage drinking party hosted by parents, and when officers arrived at the home they found trash cans full of beer. The parents denied knowing about the alcohol. The ordinance would get the attention of such parents, Smith said.

Parents erroneously believe they are protecting their children by allowing them to drink and get rowdy at home, Smith said.

Agoura Hills City Attorney Craig Steele said the ordinance will allow officers to consider a family's individual circumstances rather than making a teen arrest, labeling it a juvenile violation or crime and forcing parents to hire an attorney.

"The officer can issue a warning," Steele said. But "if he sees the same family six times, he's going to lower the boom."

The boom won't necessarily be a fine. Parents may choose between paying a fine or having their child perform a predetermined number of community service hours.

Mayor Dan Kuperberg voted against the ordinance. "(The law) tries to legislate behavior," he said. "Is there a reason to believe passing this ordinance would actually limit or stop underage drinking?" he asked. "It makes a difficult situation worse."

Smith said officers would be able to recommend intervention programs for children and education for parents. The law would allow officers a "multipronged approach" to tackling the problem of underage drinking, he said.

The hearing officer may find the real problem lies with the parent, not the minor, Smith said.

City Manager Greg Ramirez said that while an unruly behavior report would be necessary under the new law, certain events would be excluded, including bar mitzvahs, weddings and other family celebrations.

"I look at parents as not wanting to say no to their children," Councilmember Denis Weber said. "They want the police to do some of their job."

Councilmember Harry Schwarz said that given the growing problem of underage drinking and drug use, which results in "thousands of deaths and billions in healthcare costs," he was in favor of the law.

Councilmember Bill Koehler said the "linchpin" of the law was the occurrence of unruly behavior that caused officers to respond.

The social host ordinance would serve as a deterrent, Councilmember John Edelston said.

Kuperberg said the new law would only prompt teenagers to change their venue. "They'll drink at the park, drink in cars," he said. "I'm not convinced another tool is needed. I just don't think this is going to solve the problem."

Fines would be issued on a tiered basis. A first offense could cost up to $500, the second up to $750, and parents could be fined up to $1,000 for additional violations. There will be an appeals process, Smith said.

The social host ordinance was passed on a 4-1 vote with Kuperberg dissenting.