SOCIAL HOST LEGISLATION
Many communities throughout the United States have enacted social host ordinances, which hold non-commercial individuals responsible for underage drinking on private residential property they own, lease or otherwise control. According to most social host ordinances, such individuals have a “duty to inspect” whenever there is a gathering of people consuming alcohol on their property. As such, they may be held accountable when underage drinking is going on, even if they claim to have had no knowledge that such activity was taking place. Social host ordinances benefit the community by:
- Reinforcing the community norm, that underage drinking is not acceptable, in any circumstances
- Imposing fines and other penalties, which deter adults and minors from allowing underage drinking at house parties
- Allowing law enforcement offers, when called to a party that is creating a neighborhood disturbance, to issue a citation to the party’s host, rather than having to file minor-in-possession-of-alcohol charges against each of the individual partygoers.
- Providing for recovery of costs incurred by law enforcement, fire and other emergency response providers who respond to the same party location repeatedly.
- Allowing communities to bridge the gap between state laws (such as California’s), which preempt local control concerning youth possession of alcohol but do not prohibit youth consumption.
NOTE: California does have a statute that holds a parent legally responsible if a minor drinks in their home and subsequently causes a traffic accident. However, this law stipulates several conditions that must be met in order for the adult to be charged, making it a very weak statute. California Civil Code (Section 1714)
Types of Social Host ordinances
Communities may enact social host ordinances having either criminal penalties or civil liabilities. Criminal ordinances generally make the violation a misdemeanor offense, punishable by a fine, jail time, or both. These penalties serve as a strong deterrent; however, prosecution is labor intensive, criminal cases require a higher burden of proof, and many cases are overturned. Civil liability ordinances are less likely to be contested and are easier to defend when they are contested, reducing prosecution costs.
Enforcement
Enforcement is key to making the laws effective. It is important to inform police officers about the law, secure the support of law enforcement leadership, the judiciary and prosecutors, and publicize the law and enforcement efforts widely. Community members can work with the media to advocate the implementation and enforcement of social host laws in their communities. Support for law enforcement is particularly critical in rural areas where often local law enforcement officers know residents personally, making them reluctant to enforce the law.
Sample Social Host Ordinances
Criminal Ordinance: The City of San Diego passed an ordinance in 2003 stimulating a snowball effect with other San Diego county cities passing ordinances one after another until all San Diego County municipalities had enacted some form of social host laws. However, early on, the City of San Diego faced a constitutional challenge regarding the issue of whether the host could be prosecuted even if he/she had no knowledge of a party or the presence of underage drinking. San Diego eventually amended the ordinance to resolve this issue in 2006. See www.socialhost.org/modelordinances.aspx to see language of the revised ordinance, amended to resolve the constitutional issues.
Civil liability Ordinance: Beginning in 2006, Ventura County communities also experienced a similar momentum when the City of Ojai passed the first ordinance, followed in the next 18 months by all other Ventura jurisdictions. These communities elected to use a civil liability form of the social host ordinance, with an option to impose criminal penalties for egregious or recalcitrant offenders. See www.venturacountylimits.org/pages/view/2.1.1 for a detailed description of a Model Social Host Liability Ordinance and impact of social host laws in this County.
Combination Civil / Criminal Ordinances: In February of 2008, the City of Ontario in San Bernardino County passed an ordinance that combines both civil and criminal penalties. On the criminal side, a person who is knowingly hosting or allowing an underage drinking party to take place on the property they control may be charged with a misdemeanor. The civil penalties allow the city to bill the person responsible for costs of law enforcement intervention. See [Link to Ontario Social Host Ordinance] to review this ordinance.
Social Host Ordinances in California: By the end of 2006, at least twenty-nine California communities had passed social host ordinances www.socialhost.org/cityordinances.aspx. Additional sources for information about social host ordinances can be obtained by clicking on the following link: Internet Links page.
