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Learn. Act. Impact. Save Lives.
Social Host 101 Presentation 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. Tara McGuire, Manager Alcohol Prevention Enhancement Site, Bluegrass Prevention Center Updated Aug. 2018
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It is the No. 1 Teen drinking kills more youth
than all other drugs combined. It is the No. 1 Youth Drug Problem in America.. On average, alcohol is a factor in the deaths of approximately 4,300 youth in the United States per year (CDC Alcohol-Related Disease Impact application, 2013).
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Not just another commodity….
Alcohol is not just any other commodity, because of its potential to adversely affect families and communities. Alcohol is a drug, excessive alcohol usage has consequences especially to our young people. The World Health Organization indicates alcohol is the world's third largest risk factor for disease burden. Alcohol is not just any other commodity, because of its potential to adversely affect families and communities. Alcohol is a drug, excessive alcohol usage has consequences especially to our young people. The World Health Organization indicates alcohol is the world's third largest risk factor for disease burden.
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PROBLEM: Alcohol remains the most widely abused substance among young people in Kentucky.
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320 deaths in KY (23% of all KY overdose deaths) were attributed to alcohol overdoses in KY Medical Examiner, 2016 263 KY teenage drivers were involved in alcohol-related collisions in 2016, resulting 5 fatalities KY State Police, 2016
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17.5% of KY high schooler students reported they drank alcohol or used drugs before their last sexual intercourse KY YRBS, 2017 4% of KY high school students reported they drove after drinking alcohol, while 14% of KY middle school students said they rode with a driver who had been drinking KY YRBS, 2017
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SOURCE: SOCIAL ASSESS 1 in 10 (10%) of KY alcohol retailers were not in compliance, & sold alcohol to youth. KY ABC, 2017 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 10 (10%) of KY alcohol retailers were not in compliance, & sold alcohol to youth. KY ABC, 2017
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Should parents allow teens
to drink at home? When asked what they most worry their teens will experience as result of underage drinking, many adults would probably say drunk driving crashes and DUIs. Well-meaning parents host underage drinking parties and take away teens’ keys believing they are keeping them safe. Alcohol is implicated in homicide, suicide, unintended pregnancies, crime, violence, educational failure, and other problem behaviors; all of which are magnified by early onset of teen drinking. According to the SAMHSA Drug Abuse Warning Network in 2011, on average, every three minutes someone under the legal drinking age in the U.S. has to go to the ER because they drank underage.
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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
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WHERE IT OCCURS: HOME PARTIES
Q: Can’t parents teach their teens how to drink responsibly by giving them small amounts, under supervision, before they reach 21? A: Multiple studies in the U.S. and other countries suggest allowing teens to drink at home, either with parents or supervised by parents, increases the odds that a teen will binge drink outside of the home. McMorris et al J Stud Alcohol Drugs, 72(3),
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“Taking away the keys, doesn’t take away the risk.”
1 in 9 (12%) reported memory loss as result of their drinking/drug-use. 1 in 23 (4%) indicated they thought they had a drinking/drug problem. 1 in 40 (3%) reported their drinking / drug use caused them to be in a CAR WRECK. 2016 KIP SURVEY, KY 10th Grade Underage Drinking is more than just a highway safety issue KIP data illustrates: -- Most frequent consequence to KY youth is couldn’t recall behavior The MADD.org April 2013 Blog "Taking the keys doesn't take away the risks" based on data from the FBI, CDC and NHTSA indicated traffic deaths accounted for 32% of underage drinking-related deaths involving 15 to 20 year olds, whereas, 68% were non-traffic deaths.
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Consistent: ‘No use before 21’ message!
ADULT ROLE Consistent: ‘No use before 21’ message! Make clear that your expectation is he or she not drink. Set family rule no alcohol use before 21. No socializing in places where teens are drinking. No riding in cars with underage drivers who have had ANY alcohol. Agree on consequences for breaking the no-use rule and enforce “zero tolerance”. Teen brain focuses on what’s happening this weekend, not next year Don’t think of long-term consequences of drinking— stats alone may not matter if teens think “My friend drinks and nothing bad has ever happened.” Discuss real-world consequences to underage drinking including the high fines for a minor in possession, drunk driving, loss of driver’s license and possibility of no longer participating in extracurricular activities. Image credit– Madison County Youth in Action Team Image: Madison County Youth in Action
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SOCIAL HOST ORDINANCES
SOCIAL HOST ORDINANCES hold adults (social hosts) criminally responsible for underage drinking events on property they own, lease or otherwise control. The officer does not need to witness the adult handing alcohol to a minor to issue a citation. The law can extend to include adults who don’t take sufficient measures to prevent underage drinking from occurring in their home or on their property—even if they are not home when the drinking occurs. Social Host Ordinances give law enforcement a tool to control parties where underage drinking occurs, and they serve as a significant deterrent to hosting the parties in the first place. Image credits: Alcohol Prevention Enhancement Site and Mountain Comprehensive Care Regional Prevention Center
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SOCIAL HOST ORDINANCES
Current laws target who SUPPLIED the alcohol Social Host refers to who provided the LOCATION 30 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.
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A Social Host Ordinance holds adults (social hosts) responsible for underage drinking events on property they own, lease or otherwise control. Visit to view copies of KY Social Host Ordinances
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CIVIL VERSUS CRIMINAL PENALTES
Criminal acts: Punishable by fines, imprisonment or both Must show proof beyond a reasonable doubt the crime was committed with intent More evidence is needed 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 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
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PRIVATE PARTY CIVIL LIABILITY
Injured parties seek monetary damages from host for permitting underage drinking on the host’s premises Drinking/ Drug Use Consequences KY KIP 10th Gd., 2016 Blackouts…. 12% (*3189 students) Fights with peers (verbal/ physical)…. 8% (*2117 students) Hurt or injured self…. 6% (*1675 students) Was pressured to do something sexual against my will 4% (*948 students) Was involved in a car wreck…. 3% (*687 students) *2016 KY KIP 10th Grade = Participants Consequence data in parenthesises reflects the #students who responded yes to each 17.5% of KY high schooler students reported they drank alcohol or used drugs before their last sexual intercourse KY YRBS, 2017 April is Sexual Assault Awareness Month (TEAL) - Every 98 seconds, a person in the U.S. is sexually assaulted with over half of those assaults going unreported to law enforcement. About 44% of victims are under the age of 18, many of whom know their attacker. It's estimated that 1 in 6 women and 1 in 33 men in America will have experienced an attempted or completed rape in their lifetime. 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
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RECOVERY COST The “Social Host” is held civilly responsible for cost of…. Police, fire or other emergency response services dispatched to the party b. Police officer & court time necessary to settle the complaint 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
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Are Social Host Ordinances REDUNDANT?
Social Host Ordinances hold property owners civilly and/or criminally liable for underage drinking that occurs on their property if they knew or should have known about it. Often when communities are looking to pursue a Social Host Ordinance the question is raised, “Don’t we already have laws on the books that address this?” There are several relevant state statutes, but they have significant limitations. If an adult does not take reasonable steps to know what occurs and prevent it (such as ensuring adequate adult supervision for the size of the party, not having alcohol readily accessible, etc.), then a social host ordinance holds them responsible. Legal penalties can be civil, such as having to pay the response costs of law enforcement/ first responders, and/or criminal, making hosting an underage drinking party a Violation or Misdemeanor.
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Social Host Ordinances vs. KRS Unlawful Transaction with a Minor
Unlawful Transaction with a Minor in the Third Degree (KRS )—a person who “knowingly sells, gives, purchases, or procures any alcoholic or malt beverage in any form to or for a minor” can be charged under this statue, which is a Class A Misdemeanor. Parents or guardians of that minor are specifically exempted from this statute—so, someone can be charged with unlawful transaction if they give alcohol to someone else’s child, but not for giving it to their own child. WEAKNESS – you have to prove that a “transaction” took place. If someone buys alcohol, puts it in the basement fridge, walks away and washes their hands of the matter, it is difficult to charge them with unlawful transaction so long as they can deny knowledge minors would consume it. KRS Chapter 244 (Alcoholic Beverages - Prohibitions, Restrictions, and Regulations) Unlawful Transaction with a Minor in the Third Degree (KRS )—a person who “knowingly sells, gives, purchases, or procures any alcoholic or malt beverage in any form to or for a minor” can be charged under this statue, which is a Class A Misdemeanor. Parents or guardians of that minor are specifically exempted from this statute—so someone can be charged with unlawful transaction if they give alcohol to someone else’s child, but not for giving it to their own child. The weakness of the law—you have to prove that a “transaction” took place. So, if someone buys alcohol, puts it in the basement fridge, walks away and washes their hands of the matter, it is difficult if not impossible to charge them with unlawful transaction so long as they can deny knowledge minors would consume it.
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Social Host Ordinances KRS Minors Not to Possess or Purchase Liquor
vs. KRS Minors Not to Possess or Purchase Liquor Minors Not to Possess or Purchase Liquor (KRS )—this statute holds minors responsible for possessing or purchasing alcohol. It also states: “No person shall aid or assist any person under 21 years of age in purchasing or having delivered or served to him or her any alcoholic beverages”—for adults, failure to abide by this statute is a Violation, punishable by a fine only, and there is no exception for the parents of the minor. WEAKNESS -- It is necessary to prove someone “aided or assisted” the minor in purchasing alcohol or having it delivered or served to him. The issue is not just someone can denying knowing that a minor was drinking. Even if they knew it was happening and did nothing, you must also establish their failure to act meaning they “aided or assisted” the minor in having alcohol served to them. Minors Not to Possess or Purchase Liquor (KRS )—this statute holds minors responsible for possessing or purchasing alcohol. It also states: “No person shall aid or assist any person under 21 years of age in purchasing or having delivered or served to him or her any alcoholic beverages”—for adults, failure to abide by this statute is a Violation, punishable by a fine only, and there is no exception for the parents of the minor. It is necessary to prove that someone “aided or assisted” the minor in purchasing alcohol or having it delivered or served to him. The weakness here isn’t just that someone can denying knowing that a minor was drinking. Even if they knew it was happening and did nothing about it, you must also establish their failure to act means they “aided or assisted” the minor in having alcohol served to them.
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Social Host Ordinances vs. KRS Endangering the Welfare of a Minor
a Minor (KRS )— Kentucky’s law states only a “parent, guardian or other person legally charged with the care of custody of a minor” can be charged. Endangering the Welfare of a Minor (KRS )—KY’s law states only a “parent, guardian or other person legally charged with the care of custody of a minor” can be charged.
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RECOMMENDATIONS Adult-supervised drinking does not inhibit
alcohol use or misuse. Parents adopting a zero-tolerance standard can reduce harmful alcohol use among their youth. RECOMMENDATIONS: Adult-supervised drinking does not inhibit alcohol use or misuse. Parents adopting a zero-tolerance standard can reduce harmful alcohol use among their youth.
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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 their potential!” Graphics Credit: Fayette County/ Lexington Mayor’s Alliance on Substance Abuse, now called Drug Free Lex; Bluegrass Regional Prevention Center; and the Parents Who Host Lose the Most Campaign
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Learn. Act. Impact. Save Lives.
“Be the positive influence.” If an adult does not take reasonable steps to know what occurs and prevent it, then a Social Host Ordinance holds them responsible. Legal penalties can be civil, such as having to pay the response costs of law enforcement/ first responders; and/or criminal, making hosting an underage drinking party a Violation or Misdemeanor. Tara McGuire, Manager Alcohol Prevention Enhancement Site, Bluegrass Prevention Center
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