El Paso City Code § 9.20.010 Title.
9.20.010 - Title.
This chapter shall be known as the "Social Host Accountability Ordinance".
(Ord. No. 18617, § 1, 12-6-2016)
SOCIAL HOST ACCOUNTABILITY ORDINANCE
El Paso City Code tit. 9, ch. 9.20
in effectEl Paso City Code § 9.20.020 Legislative purpose.
9.20.020 - Legislative purpose.
The purposes of this chapter are to:
A. Protect the public health, safety, and general welfare;
B. Promote the reduction of underage drinking by imposing a civil penalty on persons or entities responsible for gatherings where alcohol is consumed by, served to, or in the possession of underage persons; and
C. Facilitate the enforcement of laws prohibiting the serving of, consumption of, or possession of alcoholic beverages by underage persons at such gatherings.
(Ord. No. 18617, § 1, 12-6-2016)
El Paso City Code § 9.20.030 Legislative findings.
9.20.030 - Legislative findings.
The recitals set forth above are incorporated herein as legislative findings by the El Paso City Council.
(Ord. No. 18617, § 1, 12-6-2016)
El Paso City Code § 9.20.040 Definitions.
9.20.040 - Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits or wine, or whatever source by whatever process produced.
B. "Alcoholic beverage" means beer, alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted, or as defined in the Texas Alcoholic Beverage Code, as amended.
C. "Gathering involving underage drinking" means a party or gathering of two or more persons at a residence or other private property or rented public property upon which any minor, is served, possesses, or consumes one or more alcoholic beverages.
D. "Intentionally" has the same definition and meaning as the term found in Tex. Penal Code §6.03, even though a violation of this chapter is civil in nature.
E. "Knowingly" has the same definition and meaning as the term found in Tex. Penal Code §6.03, even though a violation of this chapter is civil in nature.
F. "Minor" means any person under twenty-one years of age, or as otherwise defined by the Texas Alcoholic Beverage Code.
G. "Negligently" has the same definition and meaning as the term is defined for civil negligence.
H. "Recklessly" has the same definition and meaning as the term found in Tex. Penal Code §6.03, even though a violation of this chapter is civil in nature.
(Ord. No. 18617, § 1, 12-6-2016)
El Paso City Code § 9.20.050 Prohibition of gatherings involving underage drinking.
9.20.050 - Prohibition of gatherings involving underage drinking.
A person commits a violation under this chapter if the following conditions are met at a gathering involving underage drinking:
A. He intentionally, knowingly, recklessly, or negligently facilitates underage drinking, except as allowed by the laws of the State of Texas; or
B. He is present while underage drinking is taking place, is over the age of twenty-one, has actual knowledge of or with reckless or negligent indifference should know underage drinking is taking place, except as allowed by the laws of the State of Texas; or
C. He intentionally, knowingly, recklessly, or negligently allows underage drinking, except as allowed by the laws of the State of Texas, at property which is under his care, custody or control; or
D. He is the person who paid for the rental of any premises, to include, but not be limited to, the following premises, and underage drinking takes place on that premises, except as allowed by the laws of the State of Texas:
1. A hotel or motel room;
2. An assembly hall or meeting room;
3. A common room of a dwelling unit used for a party (i.e., recreation room of an apartment building);
4. A site in a privately owned campground;
5. Privately owned vacant lot;
6. Privately owned agricultural land; or
7. Privately owned rural land whether occupied in whole or in part as a dwelling, or for a social function, and whether owned, leased, rented or used without compensation.
E. Exception to civil penalty: A person does not commit a violation under this chapter if a gathering involving underage drinking occurs on premises under that person's care, custody or control and said gathering was the result of a criminal trespass or an unauthorized use of said premises.
(Ord. No. 18617, § 1, 12-6-2016)
El Paso City Code § 9.20.060 Protected activities.
9.20.060 - Protected activities.
This chapter shall not apply to activities protected by the First or Fourth Amendments to the United States Constitution.
(Ord. No. 18617, § 1, 12-6-2016)
El Paso City Code § 9.20.070 Violation(s)—Civil penalties.
9.20.070 - Violation(s)—Civil penalties.
It shall be a civil violation to violate Section 9.20.050.
A. Civil Penalty.
1. A first violation of this chapter shall result in a notice of violation with a civil penalty of up to two hundred fifty dollars.
2. A second violation shall result in a notice of violation with a civil penalty of up to five hundred dollars.
3. A third or subsequent violation shall result in a notice of violation with a civil penalty of up to one thousand dollars.
B. In the event that the person who is in violation of this chapter is a juvenile, as defined by the laws of the State of Texas, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the civil violation. For a first violation, a parent or guardian who is not present at the residence or other private property at the time of the violation may be:
1. Notified through a written warning that a violation of this chapter occurred; and,
2. Shall only be liable for a second and any subsequent offense that occurs at the property.
3. Any violation that was overturned on appeal shall no longer count as a violation.
C. A person who commits a violation of this chapter who does not reside at a residence or other private property where a gathering involving underage drinking occurs may be:
1. Notified through a written warning of any gathering involving underage drinking that occurs at property he owns or controls; and,
2. Only liable for a second and any subsequent offense that occurs at the property.
(Ord. No. 18617, § 1, 12-6-2016)
El Paso City Code § 9.20.080 Enforcement.
9.20.080 - Enforcement.
A. Peace officers employed by the City of El Paso are hereby authorized to issue a notice of violation and written warnings for a violation of this chapter.
B. Issuance of written violation. When a law enforcement officer makes a response to a gathering involving underage drinking, the officer may issue a notice of violation for violation of this chapter to any person who commits the violation.
C. Subsequent delivery of a notice of violation and warnings. A city police officer may issue a notice of violation or a warning to any person who commits the violation as identified by law enforcement within twenty days of the violation.
D. The police chief or designee may provide the person who commits the violation by personal delivery or by depositing it in the United States Postal Service mail within twenty days of the violation. The notice shall contain the following information:
1. The name(s) of the person(s) being assessed the penalty;
2. The address where the gathering involving underage drinking occurred;
3. The date and time of the incident;
4. The date and time of any previous warning or violation given pursuant to this chapter;
5. The date payment is due; and
6. The right to request an administrative hearing to challenge the imposition of a civil penalty, and the time for requesting that hearing.
(Ord. No. 18617, § 1, 12-6-2016)
El Paso City Code § 9.20.090 Reserved.
El Paso City Code § 9.20.100 Hearings on the imposition of civil penalty—Appeals.
9.20.100 - Hearings on the imposition of civil penalty—Appeals.
A. Appointment of an Administrative Hearing Officer. The city council hereby appoints the municipal associate judge to act as the administrative hearing officer.
B. When the police department issues a written notice of violation pursuant to this chapter, said notice shall include the information required by Section 9.20.080 under this chapter. In the case of a person present at a gathering involving underage drinking, the notice will be directly given to the person who commits the violation. In the case of a person who was not present at the gathering, the notice will be given to the person by depositing it in the United States Postal Service mail to the address as identified by the police department. In the case of the parent of a juvenile receiving a notice of violation, the notice will be given to the parent by personal delivery or by depositing it in the United States Postal Service mail to the address provided by the juvenile at the time of the incident or other address as identified by the police department.
C. The written notice of violation will include a notice provision informing the person responsible for the gathering of his right to appeal the notice of violation by submitting a written notice requesting an administrative hearing before the municipal associate judge. The applicant, referred to as the appellant for purposes of the appeal, will submit the written statement to the police chief not later than the twentieth city business day after the date of the written notice of violation. The appellant's written statement requesting the appeal shall clearly state why the appellant contends that there is not a valid basis for the issuance of the notice of violation pursuant to this chapter.
D. If the appellant submits a written statement appealing the notice of violation, the police chief, or designee(s), will immediately contact the municipal associate judge in order to schedule a hearing. The notice of the hearing will specify a hearing date, not less than fifteen city business days nor more than thirty city business days after the date the appellant submits the written request for an administrative hearing. The municipal associate judge will conduct a hearing on the notice of violation. The hearing may be continued to a sooner or later date by agreement of the parties, and with the municipal associate judge's approval, or upon the finding of good cause by the municipal associate judge for the granting of an earlier or later hearing date.
E. At the hearing, the appellant will have the opportunity to present all of the appellant's arguments and to be represented by counsel at appellant's expense, present evidence and witnesses on his behalf, and cross-examine any of the police department's witnesses. The police chief, or designee, who may also be represented by counsel, bears the burden of proving the grounds for the notice of violation by a preponderance of the evidence. The hearing will take no longer than one business day, unless extended by agreement of the parties or at the request of either party, and with approval of the municipal associate judge, to meet the requirements of due process and the proper administration of justice.
F. The municipal associate judge will issue a written decision, to the respondent within five city business days from the completion of the hearing. The municipal associate judge's decision is final.
G. If the municipal associate judge's decision finds that no grounds exist for the notice of violation, the municipal associate judge will, contemporaneously with the issuance of the decision, order the police chief to immediately withdraw the notice of violation and notify the appellant in writing by mail of such action. If the decision is to uphold the notice of violation, the decision will become effective on the fourteenth calendar day after it is rendered. If the municipal associate judge upholds a notice of violation, the appellant has the following three options:
1. The appellant may pay the civil penalty.
2. The appellant may request the option to attend an alcohol education class as identified or approved by the director of the department of public health.
a. If the appellant requests the option to attend an alcohol education class, the final decision of the municipal associate judge shall be abated for ninety days to allow the appellant to complete said class. Upon the appellant's timely completion of said class and provision of proof of same to the municipal associate judge, the notice of violation which led to appellant attending the class shall be satisfied.
b. If the appellant fails to complete the alcohol education class within said ninety days, a civil penalty in lieu of said class shall be assessed upon the appellant, which civil penalty shall be paid within ten days.
3. The appellant may request the option to perform community service, and the final decision of the municipal associate judge shall be abated for ninety days to allow the appellant to fulfill their community service under the following criteria:
a. For a first violation, the person responsible for the gathering shall perform six hours of community service;
b. For a second violation, the person responsible for the gathering shall perform twelve hours of community service; and
c. For a third or subsequent violation, the person responsible for the gathering shall perform eighteen hours of community service.
d. Upon the appellant's timely completion of said community service and provision of proof of same to the municipal associate judge, the notice of violation which led to appellant providing the community service shall be satisfied.
e. If the appellant fails to complete the community service within said ninety days, a civil penalty in lieu of said class shall be assessed upon the appellant, which civil penalty shall be paid within ten days.
H. If the decision results in the withdrawal of a notice of violation as to a civil penalty, the withdrawal shall be effective only as to that specific violation, and any other violations of this chapter shall remain intact.
I. If the municipal associate judge's final decision upholds the notice of violation, the appellant must pay the applicable civil penalty within thirty days of the decision.
(Ord. No. 18617, § 1, 12-6-2016; Ord. No. 019643, § 1, 6-11-2024)
El Paso City Code § 9.20.110 Billing and civil penalty—Enforcement.
9.20.110 - Billing and civil penalty—Enforcement.
A. The amount of civil penalty that remains pending may be the subject of a civil action brought by the city for recovery of such penalty.
B. The person who commits the violation must remit payment of the civil penalties to the city within forty-five days of the notice thereof. The payment of any such penalty shall be stayed upon a timely request for an administrative hearing made pursuant to this chapter.
C. City council shall have the authority to file any action or proceeding to recover such civil penalty, and take any other actions at law which he may deem necessary to recover same.
(Ord. No. 18617, § 1, 12-6-2016)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT9HESA_CH9.20SOHOACORFetched: 10/28/2026