Social Host Ordinance Regulation of Brass Knuckles Presentation

Social Host Ordinance Updates
Regulation of Brass Knuckles
City Council Work Session
April 4, 2024
Presented By: 
Kelly Y. Schwab, City Attorney
Chris Pérez, Commander

Agenda
Social Hosting Background / 
Current Ordinance
  
Review of Recent Incidents 
Proposed Changes
Next Steps
Questions
Brass Knuckles Proposed Ordinance

Social Hosting--
Current Ordinance
•
Approved by City Council:
o
2015
•
Social Hosting Definition:
o
Unlawful Minor Party / Gathering
• Prohibits:
o
Hosting a party of minors where 
liquor is served
• Civil Violation:
o
Host is held responsible
o
Civil fines 
o
$250 for first offense
o
$1,000 for second offense
o
$1,500 for third and 
subsequent offense

Review of Incidents 
11-16.2. - Providing a location for a minor party/gathering. It is unlawful 
for the responsible person to provide a location for, or to permit, authorize, 
sponsor or allow, a minor party/gathering at private property under the 
responsible person's ownership, possession or control.
•
Seven (7) citations issued using the ordinance in the past three 
years. 
•
Four (4) issued to juveniles.
•
Three (3) issued to adults.
•
Two (2) of the parties had 50+ juveniles in attendance.
•
None of the parties involved weapons.
•
Additional citations for furnishing liquor to a minor, contributing 
to a criminal nuisance, disturbing the peace and disorderly 
conduct.

Other Municipalities
Scottsdale: Nuisance Parties and Unlawful Gatherings (12/8/2021)
•
Owner responsible for permitting a nuisance party or unlawful gathering
•
Civil Penalties 
•
$250 - $2,000 
•
After notice, $750 - $2,500
•
Penalties may be reduced if owner installs noise mitigation software or 
cameras, attends best practices on rentals, and posts conduct rules
Tempe: Nuisance Parties and Unlawful Gatherings (6/3/2013)
•
Holds owner, tenant, guests responsible for holding or attending a 
nuisance party or unlawful gathering
•
Escalating police service fee assessed
Glendale: Nuisance Parties and Unlawful Gatherings (1/10/2023)
•
Very similar to Tempe
Goodyear: Unruly Gathering (11/7/2022)
•
Holds owner, tenant, guests responsible for holding or attending a 
nuisance party or unlawful gathering
•
Civil Penalties ($1,000 - $2,500)
•
Posting of notice required

Other Municipalities
Flagstaff Nuisance Parties (5/19/2015)
•
Holds owner, tenant, guests responsible for holding or attending a 
nuisance party
•
Civil penalties $250 - $1,000
Tucson Unruly Gatherings (3/21/2017)
•
Posting of premises required each time an unruly gathering occurs
•
Holds owner, tenant, guests responsible for holding or attending a 
nuisance party
•
Civil Penalties 
•
$500 - $750
•
Subsequent violations $1,000 - $1,500 plus police fees
Prescott Valley Underage Drinking, Nuisance Parties (2/22/2018)
•
Holds owner, tenant, guests responsible for holding or attending a 
nuisance party
•
Civil Penalties 
•
$100 - $1,500 
•
Posting of property upon third and subsequent police responses

Social Hosting--
Proposed 
Changes
• Retitled to Unruly Gathering Ordinance.
• Unlawful to permit unruly gatherings.
•
Gathering of persons on any private or public property, including 
property used to conduct business, which constitutes a threat to the 
public peace, health, safety or general welfare.
• Examples:
•
Impeding traffic, obstruction of streets by crowds or vehicles, use or 
possession of illegal drugs, drinking alcohol in public areas, the 
service of alcohol to minors or consumption of alcohol by minors, 
fighting, disturbing the peace, and/or littering.

Social Hosting-- 
Proposed 
Changes
• Holds property owner responsible.
•
Unlawful for a responsible person to intentionally, knowingly, or 
recklessly permit an unruly gathering.
•
May be charged with a class one misdemeanor.
• Civil and Criminal Penalties
•
Civil up to $2,500.
•
Criminal up to 180 days jail, 3 years probation, $2,500 fine.
• Authorizes Chandler Police to abate.
•
Citation or arrest of violators.
•
Disperse gathering.
• Provides additional enforcement tools.
•
Habitual offender—criminal after the first offense within 18 months.

Regulation of 
Brass Knuckles
•
Arizona is one of 12 states where 
brass knuckles are legal.
•
Phoenix
•
Unlawful to sell, give away or to 
possess for the purpose of sale or 
giving away.
•
Unlawful for any person, except a 
police officer, to carry brass 
knuckles concealed (criminal).
•
Yuma
•
Unlawful for any person to sell, 
give away, or to possess for the 
purpose of sale or giving away 
except for resale to a law 
enforcement officer or licensed 
security guard (criminal).

Review of Incidents 
•
55 cases reviewed where brass knuckles were listed 
in criminal and non-criminal investigations between 
January 2021- March 2024.
•
4 cases contain juveniles and brass knuckles.
•
No pattern of use in criminal activity evident.

Brass Knuckles  
Proposed Code Changes
• Prohibiting the sale to, or the supply of and 
possession of brass knuckles by minors. 
• Possible Penalties
• Civil up to $2,500 fine.
• Criminal up to 180 days jail, 3 years probation, $2,500 fine.

Next Steps
• Full City Council Consideration - April 
2024
• Ordinance Implementation – May-June 
2024
• Training & Education for Law 
Enforcement and Community Partners 
(Continuous)
• Monitoring and Evaluation Framework 
(Continuous)

Questions?