Social Host Ordinances: An Environmental Strategy for Reducing Underage Drinking Parties James F. Mosher, JD Alcohol Policy Consultations November 18, 2009 New Mexico Enacting Social Host Ordinances Training sponsored by the New Mexico Traffic Safety Bureau, November 18, 2009

Usual Drinking Location 7 th -12 th Graders New Mexico YRRS Survey, 2007 Other person’s home

How Teens Obtain Alcohol 7 th -12 th Graders New Mexico YRRS Survey, 2007

Usual Drinking Location: Ethnicity New Mexico YRRS Survey, 2007

Number of Drinks Consumed by Social Context Mean Number of Drinks NSDUH, 2009

New Mexico YRRS Survey, 2007

Beverage Preference by Gender New Mexico 9 th -12 th Graders (30 day prevalence, 2007) New Mexico YRRS, 2007

Alcopops: The Party Drink for Girls

What is Social Host Liability? Social host liability refers to laws that hold non-commercial individuals responsible for underage drinking events on property they own, lease or otherwise control.

What is Social Host Liability? Hosts are prohibited from providing a location for underage drinking events. Hosts are prohibited from providing a location for underage drinking events. Furnishing the alcohol is not a required element of the offense. Furnishing the alcohol is not a required element of the offense.

Types of Social Host Liability Civil/tort liability Civil/tort liability Criminal Criminal Civil/cost recovery Civil/cost recovery

Type 1: Civil/Tort Liability Laws and court opinions that allow third parties to sue social hosts for damage caused by minors who consumed alcohol on the host’s property.

Type 2: Criminal Statutes  Social host laws that impose criminal sanctions (fines or imprisonment)  Criminal prosecution requires strong evidence of wrongdoing.  20 states have enacted criminal social host laws.

Type 3:Civil/Cost Recovery  Treats underage drinking parties as a public nuisance and threat to public safety.  Imposes an affirmative duty on home owners to prevent parties from occurring.

Type 3:Civil/Cost Recovery (cont.)  Imposes civil fines, including possible reimbursement to local government for cost of law enforcement and emergency services.  May include landowners, landlords, tenants, and hotel and motel operators.

Advantages of Civil/Cost Recovery Laws Strict liability – no knowledge requirement. Strict liability – no knowledge requirement. Fines imposed administratively, not through criminal justice system. Fines imposed administratively, not through criminal justice system.  Quicker, more certain process  Greater likelihood that punishment will be imposed. Promotes shift in community/social norms. Promotes shift in community/social norms.

Social Host Ordinances: Key drafting decisions  Type of ordinance  Level of knowledge required for violation to occur  Persons potentially liable  Number of notifications and time period  Amount of fines and inclusion of cost recovery

Prohibitions Against Hosting Underage Drinking Parties as of January 1, 2009

Exceptions to Minimum Age of 21 for Possession of Alcohol as of January 1, 2009

INDIVIDUALSPOPULATIONS Social Host Ordinances: Their Role in Changing Community Alcohol Environments

“The beauty of [the alcopops category] is that it brings in new drinkers, people who really don’t like the taste of beer.” Marlene Coulis Director of New Products Anheuser-Busch Co. Advertising Age April 22, 2002

Age of First Use of Alcoholic Beverages among year olds, 2004: 14.4 years old. Every day, 5,400 young people under 16 years old started drinking. Who are “New Drinkers”?

Sparks Alcoholic Energy Drink The Sparks marketing formula: Alcohol + caffeine = enhanced partying

Sparks: The Party Drink “i luv sparks because it has that yummy flintstone vitamin taste, gets me drunk and gives me that extra engery i need to get through a nite of partying!”

“Four is all about the party!!!” Four Loko Facebook Page

Joose Fan Feedback: “Joose is the best bang for the buck.” Price: A key variable in preventing underage drinking

Prevention Paradigms IndividualEnvironmental Behavior and behavior change Policy and policy change Relationship of individual to alcohol problem Social, physical, political and economic context of alcohol problems Short term focus on program development Long term focus on policy development and implementation

Role of Policy in Affecting Drinking Behavior Public and InstitutionalPolicies Alcohol Availability Norms, Attitudes, Beliefs Alcohol Use and Problems Source: Wagenaar et al., 1986