1. Learn. Act. Impact. Save Lives.
Social Host 102 Presentation
- Updated
The Alcohol Prevention Enhancement Site (PES), operated by Bluegrass Regional Prevention Center in Lexington, Kentucky, does research on alcohol environmental strategies, disseminates the latest national research, and provides technical assistance and training on implementing and evaluating effective environmental strategies to reduce alcohol availability to underage youth.
The prime objective of the Alcohol PES is to empower communities to implement policies at the local level that will have a positive and lasting effect on the community environment, thereby reducing the harmful consequences of illegal use and abuse of alcohol.
The following Social Host information is intended for educational purposes only. UPDATED
Tara McGuire, Alcohol Prevention Enhancement Site
Bluegrass Prevention Center,

2. PROBLEM: Alcohol remains the most widely abused substance among young people in Kentucky.

3. PROBLEM: Alcohol remains the most widely abused substance among young people in Kentucky KIP Survey, 2016

4. 224 deaths in KY (28% of all KY overdose deaths) were attributed to alcohol overdoses in KY Medical Examiner, 2014
283 KY teenage drivers were involved in alcohol-related collisions in 2015, resulting 6 fatalities KY State Police, 2014
6% of KY high school students reported they drove after drinking alcohol in 2015, while 14% said they rode with a driver who had been drinking KY YRBS, 2015

5. SOURCE: SOCIAL ASSESS
KY 10th grade youth said if they drank alcohol, they primarily got the alcohol through social sources, including… KIP Survey, 2014
Friends…. 14.6% (Social Access)
Parents…. 4.5% (Social Access)
Other Relatives…. 4.5% (Social Access)
Brother/ Sister…. 3.8% (Social Access)
Strangers…. 1.9% (Social Access)
Convenience Store…. 1.8% (Retail Access)
1 in 8 (11.9%) of KY alcohol retailers are incompliance and refuse to sell to underage youth KY ABC Operation Zero Tolerance, 2016
SOURCE: Studies consistently report the most frequent source of alcohol for underage youth is through social sources, including peers, parents, and other adults. Dent, Grube, & Biglan, 2005; Harrison, Fulkerson, & Park, 2000; Hearst, Fulkerson, Maldonado-Molina, Perry, & Komro, 2007; Smart, Adlaf, & Walsh, 1996; Wagenaar, Toomey, Murray, Short, Wolfson, & Jones-Webb, 1996
EASE OF ACCESS: 51.5% of KY 10th graders said alcohol is easy to get KIP Survey, 2016
1 in 8 (11.9%) of KY alcohol retailers were not incompliance and sold alcohol to youth. KY ABC, 2016

7. 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:
51.5% of KY 10th graders
said alcohol is easy to get
KIP Survey, 2016
Teen parties constitute one of the highest risk settings for youth alcohol problems. PIRE, 1999
WHERE IT OCCURS: Most underage drinking occurs in private settings (home parties) CDC, 2009; SAMHSA, 2008
Adolescents who obtained alcohol at a party from a parent, either their own or a friend’s, reported consuming more drinks and were twice as likely to report past 30-day alcohol use and binge drinking. Foley, 2014
Teen parties constitute one of the highest risk settings for youth alcohol problems. PIRE, 1999

8. CURRENT KENTUCKY LAWS & ORDINANCES:
Current laws prohibiting furnishing alcohol to minors target providing the SUPPLY of alcohol
Social Host liability refers to providing the LOCATION, and may apply no matter who furnishes the alcohol
Social Host holds non-commercial individuals responsible for underage drinking parties and other gatherings on property they own, lease, or otherwise control

9. CURRENT KY LAWS & ORDINANCES
Current laws target who SUPPLIED the alcohol
Social Host refers to who provided the LOCATION
29 KY Communities have a Social Host Ordinance
Current laws prohibiting furnishing alcohol to minors target the actual SUPPLY of alcohol
Social Host liability refers to providing the LOCATION
May apply no matter who furnishes the alcohol
May apply even if they property owner is not on the premise
Goal- it’s not norm to serve alcohol to teens, it is the norm and ‘okay’ to be a responsible parent and standup against underage drinking.
29 KY communities have enacted Social Host Ordinances (*does not include Wilmore) KYPrevention.com, 2017
Boone County
Boyle County
Breckenridge Co.
Campbell County
Clark County
Clinton County
Daviess County
Fayette County
Glasgow
Hancock County
Harrodsburg
Jessamine Co./Nicholasville*
Junction City
Knott County
Marion County
McCreary County
McLean County
Meade County
Mercer County
Monroe County
Nelson County
Newport
Ohio County
Oldham County
Shelby County
Scott County
Trimble County
Washington Co.
Wayne County

10. 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….
Police, fire or other emergency response services dispatched to the party; &
Police officer & court time necessary to settle the complaint
CIVIL VERSUS CRIMINAL PENALTIES:
In many communities, Social Host Ordinances provide a combination of criminal and civil penalties, ranging from fines, jail time, administrative fees and response costs. MADD.org
Criminal acts:
Acts of intentional harm enforced through criminal prosecution
Punishable by fines, imprisonment or both
More evidence is needed to find the accused at fault in criminal cases than to find the defendant at fault in civil cases
To convict someone of a crime, the prosecution must show there is proof beyond a reasonable doubt that the person committed the crime and, in most cases that they intended to commit it
Civil liability:
Injured parties seek monetary damages from host
Settled through litigation brought against host by injured parties
Civil cases must be proven on a balance of probabilities – if it is more likely than not that the defendant caused harm or loss, a court can uphold a civil claim
Recovery cost:
An underage drinking party on private property is considered a civil public nuisance and threat to public welfare
Whoever controls the property where the party or gathering was held is held civilly responsible for associated cost of police, fire or other emergency response services dispatched to the party; and police officer and court time necessary to settle the complaint

11. May apply no matter who furnishes the alcohol
May apply even if they property owner is not on the premise

12. 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 ”
Q: What if I just don’t know what my kid is doing with his/her friends at my house?
A: Knowledge Standard: Social Host Ordinances have varying thresholds for hosts’ knowledge or actions regarding an underage drinking party on property they control. The categories are ranked by the level of evidence required, from most demanding to least demanding: Alcohol Police Information System, 2015
Overt Act - the host must have actual knowledge of specific aspects of the party, and must commit an act that contributes to its occurrence.
Knowledge - the host must have actual knowledge of specific aspects of the party; no action is required.
Recklessness - the host may not have acted with actual knowledge of the party, but must act with intentional disregard for the probable consequences of his or her actions.
Criminal Negligence - the host fails to perceive a substantial and unjustifiable risk that unlawful circumstances associated with the party exist.
Negligence - the host knew or should have known of the event's occurrence ("constructive knowledge").
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.

13. 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. “
Q: What if I just don’t know what my kid is doing with his/her friends at my house?
A: Knowledge Standard: Social Host Ordinances have varying thresholds for hosts’ knowledge or actions regarding an underage drinking party on property they control. The categories are ranked by the level of evidence required, from most demanding to least demanding: Alcohol Police Information System, 2015
Overt Act - the host must have actual knowledge of specific aspects of the party, and must commit an act that contributes to its occurrence.
Knowledge - the host must have actual knowledge of specific aspects of the party; no action is required.
Recklessness - the host may not have acted with actual knowledge of the party, but must act with intentional disregard for the probable consequences of his or her actions.
Criminal Negligence - the host fails to perceive a substantial and unjustifiable risk that unlawful circumstances associated with the party exist.
Negligence - the host knew or should have known of the event's occurrence ("constructive knowledge").
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.

14. FAQs - What if a person 18-20 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…”
Q: What if a person years old hosts a party?
A: Some ordinances allow individuals under-21, acting as a social host with no parents or guardians present, to be held accountable.

15. FAQs - What if a person 18-20 years old hosts a party?
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….”
Q: What if a person years old hosts a party?
A: Some ordinances allow individuals under-21, acting as a social host with no parents or guardians present, to be held accountable.

16. 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….”
Q: Can Social Host Ordinances relate to controlled substances other than alcohol?
A: Most Kentucky Social Host Ordinances prohibit persons in possession or control of property (social hosts) from allowing any minor under the age of 21 to remain on such property while in possession of, using or consuming alcoholic beverages.
Some Kentucky 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.

17. 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

18. “For teens, alcohol is an illegal and dangerous drug.
Don’t be a party to underage drinking.”
Tara McGuire, Manager
Alcohol Prevention Enhancement Site, Bluegrass Prevention Center