CLEARLAKE – An ordinance that would hold hosts of parties personally responsible for underage drinking in their homes unanimously passed the Clearlake City Council Thursday night.
New Police Chief Allan McClain introduced the ordinance, which he said is meant to discourage underage drinking in private residences.
"Alcohol tends to be a gateway drug to other narcotics use," said McClain.
In essence, if an adult throws a party and minors who aren't their children or aren't under their legal guardianship are consuming alcohol, they can be cited for a misdemeanor violation, which carries a possible $1,000 fine and up to a year in jail.
The measure isn't meant to intrude on private rights, said McClain. "We're not there to be the guardian of what you do in your house.”
However, if officers are called to a private property, and they have probable cause that unsupervised minors are drinking, they can issue a citation.
It does not apply to public events, which are covered under other legal codes, said McClain.
In a future ordinance, McClain said they plan to propose a cost recovery mechanism so the city can be reimbursed "for providing security services for those events."
Mayor Judy Thein, who said she'd worked for a year to bring an underage drinking ordinance to the city, asked McClain about why the ordinance notes that no one under age 21 may consume alcohol "unless that person is being supervised by the person's parent or legal guardian."
"The Constitution says your house is your castle," said McClain. Due to certain religious and cultural reasons, some people may allow their children to drink wine or other alcohol, he explained.
"It's not the government's responsibility to step in and tell you how to raise your child," said McClain.
Thein, whose daughter was killed in December 2005 in a crash caused by a drunk driver, said her first reaction to the ordinance was that it wasn't strong enough.
"We must do everything we can to protect them," she said of the community's children.
Thein said she felt the ordinance's consequences are minimal when compared to the price of drunk driving.
She said she plans to take a similar underage drinking prevention ordinance to the city of Lakeport and the Board of Supervisors.
"All jurisdictions must be united if we are to be successful," she said. "We need to do all that we can to bring down the DUI statistics in Lake County."
Asked by community member Grant Meyer about statistics for underage drinking, McClain said nationwide numbers show how devastating juvenile drinking can be. One child dies every hour because of it, he said.
McClain added, "This ordinance is about more than just statistics. It's to get people to take responsibility."
Meyer suggested the ordinance could be open to abuses by police officers.
Responded McClain, "My personal point on this is we will not tolerate abuse of any kind."
If there are abuses by officers, he said, he wants to know so he can correct them, said McClain.
Clearlake resident Robert Lombardi shared his story with the council. He said he thought the ordinance "may save a life."
Lombardi was hit by a 16-year-old drunk driver as he traveled home from work in Ukiah on the night of April 11, 2006.
The teen driver, who had no license or insurance, was traveling 100 miles per hour when the collision occurred, said Lombardi. The teen then left the crash scene.
More than a year later, after months of hospitalization and eight months in a wheelchair, Lombardi – who now walks with a cane – just lost his insurance after more than $600,000 in medical costs.
The teen, he said, was tried as an adult, received two years in the California Youth Authority and three years in prison.
City resident Alice Reece said she was concerned that the ordinance was ambiguous and overreaching.
"I don't think it gives an officer the right to come in an check the children for alcohol," she said.
Reece wanted to know how many kids go out and drive after leaving such parties.
McClain said while drunk driving is a concern, there are other serious issues as well – sexual assaults, fights and other crime – when alcohol and juveniles mix.
"It's a lot larger problem than just driving on the roadways," he said.
Ultimately, said McClain, "We're trying to stop harm from occurring."
Councilman Chuck Leonard said he thought the ordinance was succinct and clear. "If it's enforced properly I can't see a thing wrong with it."
Councilman Roy Simon said the ordinance was necessary, but added, "No law can change it if a parent condones a child's actions."
Added Thein, "You have to be accountable, you have to know the risks that are out there."
The ordinance will require a second reading at a future council meeting, said City Administrator Dale Neiman. If it's approved at that time, it becomes law 30 days afterward.
E-mail Elizabeth Larson at
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