Tara McGuire, Manager Alcohol Prevention Enhancement Site, Bluegrass Prevention Center
PROBLEM- ALCOHOL PROBLEM: Alcohol remains the most widely abused substance among young people in Kentucky. 21% of KY 10 th grade students reported consuming alcohol in the last 30-days KIP Survey, 2014 KIP Survey, 2014 12% of KY 10 th grade students reported binge drinking (5+ drinks in a row in the last 2 weeks) KIP Survey, 2014 KIP Survey, 2014
SOURCE: SOCIAL ASSESS KY 10 th grade youth said if they drank alcohol, they primarily got the alcohol through social sources, including… KIP Survey, 2014 KIP Survey, Friends…. 14.6% (Social Access) 2.Parents…. 4.5% (Social Access) 3.Other Relatives…. 4.5% (Social Access) 4.Brother/ Sister…. 3.8% (Social Access) 5.Strangers…. 1.9% (Social Access) 6.Convenience Store…. 1.8% (Retail Access) 89% of KY alcohol retailers are incompliance and refuse to sell to underage youth KY ABC Operation Zero Tolerance, 2014KY ABC Operation Zero Tolerance, 2014
WHERE IT OCCURS: HOME PARTIES Adolescents who obtained alcohol at a party from a parent reported…. Consuming more drinks and were 2x as likely to report past 30-day alcohol use and binge drinking Foley, 2014 EASE OF ACCESS: 54.3% of KY 10 th graders said alcohol is easy to get KIP Survey, 2014 Teen parties constitute one of the highest risk settings for youth alcohol problems. PIRE, 1999
E XISTING K ENTUCKY A LCOHOL L AWS C ONSUMPTION of alcohol by minors is NOT explicitly prohibited P OSSESSION of alcohol by minors is prohibited – NO exception F URNISHING to a minor is prohibited except by a parent/guardian D RAM S HOP – commercial coverage only
CURRENT KY LAWS & ORDINANCES
CIVIL VERSUS CRIMINAL PENALTES Criminal acts: Punishable by fines, imprisonment or both More evidence is needed Must show proof beyond a reasonable doubt the crime was committed with intent Civil liability: Injured parties seek monetary damages from host through litigation Proven on a balance of probabilities – it is more likely than not the defendant caused harm or loss Recovery cost: The “Social Host” is held civilly responsible for cost of…. a.Police, fire or other emergency response services dispatched to the party; & b.Police officer & court time necessary to settle the complaint
FAQs - What if a person years old hosts a party? Example: Oldham County’s SHO (passed 1987) “No person being the owner or occupant or otherwise in possession of any property located within Oldham County, Kentucky shall knowingly allow any person under the age of twenty-one (21) years to remain on such property while in the possession of alcoholic beverages or while consuming alcoholic beverages.” Example: Meade County’s SHO (passed 2005) “ ‘Adult’ – A person 18 years of age or older ….(2) the adult knows or reasonably should know that a person under the age of twenty-one (21) years will or does possess any alcoholic beverage…. Example: Clinton County’s SHO (passed 2007) “An ‘adult’ is an person over the age of twenty-one (21) years …. No adult who owns or controls a private residence or private premise shall allow a party…”
FAQs Example: Boyle County’s SHO (passed 2006) “ If the person responsible for the party, gathering, or event where the violation of the Ordinance occurs is a juvenile, then the parents or guardians of that juvenile shall be jointly and severally liable for the law enforcement services fee….” FAQs - What if a person years old hosts a party?
FAQs – Knowledge Standard Q: What if I just don’t know what my kid is doing with his/her friends at my house? Example: Meade County’s SHO (passed 2005) “….(2) the adult knows or reasonably should know that a person under the age of twenty-one (21) years will or does possess any alcoholic beverage…” Example: Washington County’s SHO (passed 2007) “No person being the owner or occupant or otherwise in possession or control of property located within Washington County shall knowingly allow any person under the age of twenty-one (21) years to remain on such property while in the possession of or while consuming alcoholic beverages as defined in KRS ”
FAQs - Prevention Action Negates Violation Some ordinances specify if a host takes reasonable action to prevent underage drinking from occurring at a party it could constitute an affirmative defense. Example: Oldham County’s SHO (passed 1987) “It shall be an affirmative defense under this ordinance if the person charged with violation of the ordinance did seek the aid of and cooperated with law enforcement personnel of Oldham County, Kentucky, to prevent minors from possessing or consuming alcoholic beverages in violation of Kentucky Law all within one (1) hour after the use or possession. of alcoholic beverages by any person under twenty-one (21) years began. “
FAQs – CONTROLLED SUBSTANCES The following KY Social Host Ordinances also impose liability on social hosts who allow minors to obtain, possess, or consume controlled substances and/or alcohol during the course of parties and other gatherings…. Example: Boyle County’s SHO (passed 2007) Example: Wayne County’s SHO (passed 2009) Example: Shelby County’s SHO (passed 2013) “ AN ORDINANCE RELATING TO SUPERVISED AND UNSUPERVISED PARTIES AND OTHER GATHERINGS IMPOSING LIABILITY ON SOCIAL HOSTS WHO ALLOW MINORS TO OBTAIN, POSSESS, OR CONSUME CONTROLLED SUBSTANCES AND/OR ALCOHOL DURING THE COURSE OF THOSE PARTIES OR OTHER GATHERINGS….”
SOCIAL HOST CHECKLIST The information below is based on the Strategic Prevention Framework, PIRE Social Host Checklist, and events that have occurred in other communities. This information is intended for educational purposes only to assist communities looking to increase enforcement of local underage drinking laws and reduce alcohol social assess to minors through community-based efforts. Gather local data on youth access to alcohol and underage drinking consequences (ex.- arrest/conviction, ER visits, alcohol overdoses, youth/ parent surveys, ABC Alcohol Compliance Checks, Social Media Environmental Scans, etc.) Talk to key influencers (media, elected officials, law enforcement, parent associations, local educators, etc.) to raise awareness; get the community more familiar with the term “social host”; respond to/ anticipate misconceptions about SHOs & existing underage drinking laws Establish a timeline & detailed plan to address social host Involve youth! Get testimonies from local youth, parents & law enforcement in written, oral or video form in support social host prevention Schedule a meeting with your County Attorney/ County Judge Executive/ Mayor/ City Council Members to discuss social host – bring data, sample KY SHOs, and facts about social host
COMMUNITY ACTION GETS RESULTS Community Grassroots Success Stories: 1.Monroe County -- The community hosted a Town Hall Meeting, partnered with law enforcement, met with local officials, and passed Social Host 2.McLean County – Coalition leaders conducted a county-wide survey to gauge parent perceptions about underage drinking utilizing Survey Monkey, and utilized the data to pass Social Host 3.Fayette County – Local youth and ASAP coalitions partnered with Lexington Police to launch a media campaign to increase awareness and enforcement of the their SHO, and spread the message “Parents Who Host Lose the Most”
COMMUNITY ACTION GETS RESULTS Don’t be a party to teenage drinking. It’s against the law. “As parents, we want MORE for our kids… Don’t let underage drinking get in the way of them reaching their potential!”
KYPrevention.com/Projects/Social-Host/
Tara McGuire, Manager Alcohol Prevention Enhancement Site, Bluegrass Prevention Center “For teens, alcohol is an illegal and dangerous drug. Don’t be a party to underage drinking.”