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What You Can DoParentsState's Laws About Providing Alcohol

Do you know your State's laws about providing alcohol to anyone under 21?

Legal Repercussions. The legal ramifications for supplying alcohol to underage youth vary by state. A person supplying alcohol to a minor (person under 21 years of age), or who allows alcohol or drugs to be used by a minor when he/she is in a position to prevent that use, may be liable for damages resulting from the minor's impairment and also may be arrested. For example, a person who supplies alcohol to minors or hosts a party where drinking is allowed could be assessed for significant damages if the minor, driving while impaired, causes a car crash inflicting injury to himself or others or to property.

Recent polls by the American Medical Association (AMA) asked parents (with children age 12-20) and teens about their perceptions of and experiences with high school graduation and prom parties. One in 10 parents responded that it was okay for underage teens to attend prom or graduation parties with alcohol if a parent were present. But twice as many 16-18 year olds responded that they have attended a graduation party with drinking and parents present. And 15 percent of those respondents had been to a graduation party where the alcohol was actually supplied by parents. The polls were funded as part of the AMA's partnership with The Robert Wood Johnson Foundation.

Do not allow underage drinking in your home. Your attitudes and behavior toward teen drinking also influence your child. Avoid making jokes about underage drinking or drunkenness, or otherwise showing acceptance of teen alcohol use. In addition, never serve alcohol to your child’s underage friends. Research shows that kids whose parents or friends’ parents provide alcohol for teen get-togethers are more likely to engage in heavier drinking, to drink more often, and to get into traffic accidents. Remember, too, that it is illegal in most states to provide alcohol to minors who are not family members. You can also join school and community efforts to discourage alcohol use by teens. By working with school officials and other members of your community you can help to develop policies to reduce alcohol availability to teens and to enforce consequences for underage drinking.

In some states, social host liability laws spell out the responsibilities of parents and other adults for providing alcohol to anyone under the age of 21 and the penalties for disobeying the laws. Public information campaigns can teach parents about these laws as well as their responsibility to keep alcohol where children and adolescents cannot get it.

In 2002 the City of Poway adopted an ordinance holding adults accountable for serving alcohol to minors in private settings—the first of its kind in San Diego County. By 2004, 13 communities in San Diego County passed some form of social host legislation. New Jersey was the first state to adopt a social host liability law. Since then, Delaware, Georgia, Idaho, Indiana, Massachusetts, North Carolina, North Dakota, New Hampshire, New Mexico, Oregon, and Vermont have followed suit. According to recent research, social host laws are among the most effective forms of public policy in reducing binge drinking and drinking and driving.

In California, the assignment of civil penalties to social hosts is precluded by the state Civil Code, which requires an injured third party to prove that his or her injury was caused by the host’s illegal service of alcohol rather than the drinker’s own consumption of alcohol. Therefore, local municipalities are taking a slightly different approach to social hosting. Current laws holding social hosts accountable in San Diego County focus on hosts who provide alcohol to minors. Instead of sanctioning civil penalties after a third party has been injured or killed, the social host laws hold adults accountable by imposing fines and allowing police departments to recover costs incurred in breaking up private parties where underage drinking occurs.

An ideal social host ordinance would allow police to issue misdemeanor citations with fines attached to any adult who permits underage drinking in his or her home. Further, it would permit law enforcement to recover service costs from the adult offender the very first time police are called to the residence. Repeat offenders would face escalating fines. Social host ordinances give law enforcement a tool to control private parties where underage drinking occurs, and they serve as a significant deterrent to hosting the parties in the first place.


For more general information on social hosts ordinances, see the link below:

Goldberg, A. 2004. Social Host Ordinances. Prevention Tactics 8:2. Center for Applied Research Solutions.  http://www.ca-cpi.org/Publications/Prevention_Tactics/Archive_tactics/Social_Host_Ordinances.pdf

Here are some tips when planning a teenage party:

  • Discuss the guest list.
  • Establish firm ground rules and expectations before the party and ask your child to communicate them with his/her guests before the event.
  • Limit the number of invitees (by invitation only) and the number who actually attend. Do not allow uninvited guests to attend.
  • Know the ages of partygoers and how they know your child.
  • Make it clear to guests that alcohol, tobacco, and other drugs are not allowed and be sure to provide plenty of snacks and non-alcoholic beverages.
  • Have sufficient chaperones to monitor the area and partygoers.
  • Define an area for the party; do not allow partygoers in other areas (e.g., bedrooms, garage).
  • Monitor the party area frequently, as well as areas that are off-limits to guests.
  • Restrict entry and exit areas to deter guests from bringing in contraband.
  • When a guest leaves, do not allow him or her to return. This will discourage guests from leaving to drink or take other drugs and later return under the influence.
  • Establish a signal that your child may use if he or she needs help.
  • Set a beginning and ending time for the party.
  • Determine whether the guests will include both underage people and adults.
  • If both adults and underage youth will be present, decide whether the party areas should be separate.
  • Place valuables such as weapons, alcohol, and breakable objects in a secure area.
  • Establish an area for coats and bags that can be closely monitored.
  • Be prepared to call a guest’s parents if the child appears to be under the influence or brings alcohol or other drugs to the party.

Here are some tips to prevent a teenage party from occurring if you are not at your house:

  • If you are going to be away for longer than an evening, call your neighbors and give them the phone numbers where you can be reached.
  • Call the parents of your teen’s close friends to let them know that you’ll be gone and what is permitted at your home during your absence.
  • Have a responsible adult (relative, friend, neighbor) supervise your teen and your house while you’re away.
  • If your teen throws a party anyway, pre-arrange for a neighbor to call the police to shut down the party if things get out of control. Tell your teen you have done this.

References:
Parents. 2005. Leadership to Keep Children Alcohol Free. Available at: http://www.alcoholfreechildren.org/en/audiences/parents.cfm. Accessed on [10/02/06]

Underage Drinking Prevention Action Guide and Planner. 2001. Center for Substance Abuse Prevention. Available at: http://media.shs.net/prevline/pdfs/phd858.pdf#search=%22underage%20drinking%20prevention%20action%20guide%20and%20planner%22. Accessed on [08/25/06]

Underage Drinking Prevention Action Guide and Planner. 2001. Center for Substance Abuse Prevention. Available at: http://media.shs.net/prevline/pdfs/phd858.pdf#search=%22underage%20drinking%20prevention%20action%20guide%20and%20planner%22. Accessed on [08/25/06]

Underage Drinking Prevention Action Guide and Planner. 2001. Center for Substance Abuse Prevention. Available at: http://media.shs.net/prevline/pdfs/phd858.pdf#search=%22underage%20drinking%20prevention%20action%20guide%20and%20planner%22. Accessed on [08/25/06]

Underage Drinking Prevention Action Guide and Planner. 2001. Center for Substance Abuse Prevention. Available at: http://media.shs.net/prevline/pdfs/phd858.pdf#search=%22underage%20drinking%20prevention%20action%20guide%20and%20planner%22. Accessed on [08/25/06]

Make a Difference: Talk to your child about alcohol. 2000. National Institute on Alcohol Abuse and Alcoholism. Available at: http://www.alcoholfreechildren.org/en/pubs/pdf/makeadifference.pdf. Accessed on [9/6/06]

Underage Drinking and Driving: A Parent and Teen Guide. 2006. The Alcohol & Impaired Driving Work Group of the Traffic Safe Communities Network.

Make a Difference: Talk to your child about alcohol. 2000. National Institute on Alcohol Abuse and Alcoholism. Available at: http://www.alcoholfreechildren.org/en/pubs/pdf/makeadifference.pdf. Accessed on [9/6/06]

Adults Most Common Source of Alcohol for Teens, According to Poll of Teens 13-18. Alcohol Policy MD.com. Available at: http://www.alcoholpolicymd.com/press_room/Press_releases/adults_give_youth_alcohol.htm. Accessed on [10/03/06]

Underage Drinking and Driving: A Parent and Teen Guide. 2006. The Alcohol & Impaired Driving Work Group of the Traffic Safe Communities Network.

Underage Drinking Prevention Action Guide and Planner. 2001. Center for Substance Abuse Prevention. Available at: http://media.shs.net/prevline/pdfs/phd858.pdf#search=%22underage%20drinking%20prevention%20action%20guide%20and%20planner%22. Accessed on [08/25/06]

Dangers in Drinking. USA Today. 6/6/2005.

Adult Accountability for Underage Drinking: The Case for Social Host Laws. East County Community Change Project. Institute for Public Strategies. May, 2003.

Hoover, S.A. Policy Strategies to Reduce Underage and Binge Drinking. Community Prevention Institute.

Adult Accountability for Underage Drinking: The Case for Social Host Laws. East County Community Change Project. Institute for Public Strategies. May, 2003.

Adult Accountability for Underage Drinking: The Case for Social Host Laws. East County Community Change Project. Institute for Public Strategies. May, 2003.

A Practical Guide to Preventing and Dispersing Underage Drinking Parties. 2005. Pacific Institute for Research and Evaluation: Underage Drinking Enforcement Training Center.

Underage Drinking and Driving: A Parent and Teen Guide. 2006. The Alcohol & Impaired Driving Work Group of the Traffic Safe Communities Network.