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

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

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

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

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

6. Social Host State Laws

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

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

9. Response Cost Recovery Offenders face no criminal penalties Offenders face no criminal penalties Laws declare an underage drinking party on private property a public nuisance Laws declare an underage drinking party on private property a public nuisance Threatens public health, safety and general welfare 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 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

10. Why Social Host in my community? Serves as a deterrent to hosting 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 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 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 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 Sends a clear message that providing a venue for underage drinking is not acceptable

11. Commonly Asked Questions 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”? 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”? 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.) 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.)

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

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

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

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

16. Presentation by Bluegrass Regional Prevention Center, Lexington, KY