Council Puts Hold on Repeal of Social Host Ordinance

The took the advice of its staff and gave it two additional weeks, until the council’s Nov. 8 meeting, to revisit an ordinance that would repeal the Social Host Ordinance designed to curb underage drinking.

Dixon City staff asked the council to give it two weeks to revise the Social Host Ordinance to address some council members’ concerns that the ordinance violates the 4^th Amendment – an amendment to guards citizens against unreasonable searches and seizures.

The Social Host Ordinance allows the to levy fines against homeowners who host parties in which underage drinking takes place.

“It was my impression that the primary concern was in fact 4^th Amendment rights,” Interim City Manager Jon Cox told the council. “So what we would like the council to consider is possibly put this back two weeks and allowing staff to bring back some language that would strengthen this ordinance so that it would … (alleviate concerns about) property rights, property orders and access by law enforcement.”

A few in attendance during Tuesday’s meeting spoke in favor of allowing the council to bring back the ordinance with different language.

“Forty-four percent of our 11^th graders have reported using alcohol in the last 30 days,” Robin Cox, substance abuse director for Solano County Public Health, told the council.

Cox said she was aware that because the Social Host Ordinance has not been used since its adoption in 2009, some people say it’s not working.

“If a fence around a pool successfully keeps toddlers out of that pool we celebrate that success we don’t take down the fence down and say ‘Well because a toddler hasn’t gained access to the pool recently, then we want to take that fence down,’” she said. “Likewise the Social Host Ordinance is a huge deterrent to some adults, older siblings and others who perhaps without that in place would actually offer alcohol to those teens.”

“We could all work together to continue to keep the social host ordinance in place but maybe modify it and you can assist us with that,” said Erica Mejia, teacher .

 “I don’t have a problem with them having that opportunity to see if there is something that can be crafted that would be acceptable,” Councilman Dane Besneatte said. “I have an open mind.”

“We do have a chance to go back and review those areas of concern expressed by those councilmembers … without just throwing it out tonight,” Councilman Rick Fuller said.

Councilman Thom Bogue agreed with both Besneatte and Fuller, but said he would be unable to support a revision to the Social Host Ordinance if it “still allows an increased ability of entry into our domains, our residences beyond what state law currently allows.”

He said: “Because we have to maintain our rights within the Constitution, which is what I have sworn to do. Don’t step … on 4^th Amendment rights.”

Vice Mayor Michael Ceremello reluctantly agreed to hold back the item until staff comes back with a revised version of the ordinance.

“I see no reason to wait on this because the same arguments that were made tonight were the same arguments that were made two weeks ago I will defer to the rest of the council,” he said.