Social Host An Overview Liberty Day Ruihley MS

Social Host: An Overview Liberty Day Ruihley, MS, CPP Alcohol Prevention Enhancement Site

Background n n Alcohol is the drug of choice for youth Most frequent source of alcohol for underage youth include family members, friends, adult purchasers and parties. http: //www. socialhost. org Most underage drinking occurs in private settings (home parties) “Teen parties constitute one of highest risk settings for youth alcohol problems. ” Regulatory Strategies for Preventing Youth Access to Alcohol (PIRE), 1999 n Parties are high risk for binge drinking and associated alcohol problems (www. alcoholpolicy. niaaa. nih. gov)

Community Tolerance www. socialhost. org n Parents and other adults often have a high tolerance for underage drinking parties n n n Misconception that alcohol is harmless compared to other drugs Misconception that alcohol use is a rite of passage Myth that underage drinking is inevitable and safer if it is controlled in residential setting.

Social Host Liability www. alcoholpolicy. niaaa. nih. gov; www. socialhost. org n n Laws prohibiting furnishing alcohol to underage persons target the actual supply of alcohol Social Host liability refers to providing the location for the underage drinking to occur n n n May apply no matter who furnishes the alcohol May apply even if they property owner is not on the premise Holds non-commercial individuals responsible for underage drinking parties on property they own, lease, or otherwise control

Types of Social Host Liability n State Social Host Criminal Liability n n Some states hold the social host criminally liable for committing a misdemeanor. Punishable by monetary fine and/or jail time State Social Host Civil Liability n Some states allow private lawsuits against the social host by an injured third party

Social Host State Laws

Current Laws (Kentucky) n n n n Currently Kentucky prohibits possession of alcohol by those underage Consumption is not explicitly prohibited Possession is prohibited—no exception Furnishing is prohibited except by parent or guardian No State Social Host laws 8 communities have adopted local ordinances Dram Shop—commercial coverage only

$Types of Social Host Liability n City or County Municipal Ordinances n Infraction—the social$

Types of Social Host Liability n City or County Municipal Ordinances n Infraction—the social host may be held liable criminally. n n n The penalty usually carries with it a monetary fine rather than jail Misdemeanor—the social host may be found guilty of a misdemeanor which carries possible jail time Response Costs Recovery

Response Cost Recovery n n Offenders face no criminal penalties Laws declare an underage drinking party on private property a public nuisance n n Threatens public health, safety and general welfare Holds persons who own, lease, or otherwise control the property that the underage drinking party occurs on civilly responsible for the costs of police, fire, or other emergency response services

Why Social Host in my community? n n n Serves as a deterrent to hosting Gives another tool to law enforcement to hold responsible parties accountable without having to witness an adult providing to a minor Recognizes that a disproportionate expenditure of the public safety resources are spent on party dispersal thereby delaying police response to regular and emergency calls Recovers costs associated with use of law enforcement, fire, and other emergency response services Sends a clear message that providing a venue for underage drinking is not acceptable

Commonly Asked Questions n If I have land in this county but I don’t live there, am I still accountable for what takes place on my land such as “field parties”? n It depends on how the ordinance is written. Some ordinances include landowners even if they are leasing the property. Some ordinances are written that you have to have taken appropriate measures to ensure underage drinking would not occur. (Post signs, notify law enforcement if evidence of a party is found, etc. )

Commonly Asked Questions n What if I just don’t know what my kid is doing with his/her friends at my house? n n n Most ordinances are written to include, minimally, that if the adult is present then they shall be considered to know about the violation Some ordinances state “knowingly” allow Some ordinances make no distinction. If it is your property then it is your responsibility.

For Consideration Checklist for Drafting a Social Host Ordinance (PIRE) n What is the problem in your community? n n n Teen drinking parties in private residences? University or college drinking parties held in privately owned homes or apartments? Fraternity/sorority house parties? Loud or unruly gathering by underage and legal age persons in outdoor settings? Underage drinking parties held in warehouses or garages rented for such purpose?

For Consideration n n What are state and local laws that need to be considered? Will these affect validity or enforcement? What are the key components in the ordinance? n n n How do you define your key terms? What degree of knowledge will you include? Who is the responsible persons?

For Consideration n n What kinds of property should be included? When are “response costs” imposed? n n n Return call within a 12 month period of initial warning (ex: City of Santa Cruz) Return call with a 60 day period (ex: City of Berkley) How will response costs be calculated and billed? Predetermined costs? Schedule of penalties set forth? n What process of billing and recovery costs will be efficient? n What are existing procedures that can be used? n

Presentation by Bluegrass Regional Prevention Center, Lexington, KY