SOCIAL HOST ORDINANCES

1
SOCIAL HOST ORDINANCES How Cities and Counties
are Turning Off The Tap On Underage Drinking
Stacy Saetta, JD, Legal Policy Researcher ssaetta_at_
pire.org
Center for the Study of Law and Enforcement
Policy A Center of Pacific Institute for Research
and Evaluation
2
Underage Drinking Parties
Zits Partnership. King Features Syndicate
3
Social Host Liability Defined

• Social host liability refers to laws that hold
  non-commercial individuals responsible for
  underage drinking events on property they own,
  lease or otherwise control.

4
Three Types of Social Host Liability
Zits Partnership. King Features Syndicate
5
State Civil Laws Give Injured Right to Sue Social
Host

• A civil lawsuit is filed against social host by
  person injured by guest whom host had allowed to
  consume alcoholic beverages on hosts property.
  Jury/judge decides whether host should pay
  injured money damages.

6
State Criminal (Misdemeanor) Statutes
www.alcoholpolicy.com
7
City or County Ordinances

• Liability occurs at the level of local government
  in the form of municipal (city or county)
  ordinances.
• Social hosting may be punishable as
• Criminal infraction
• Criminal misdemeanor and/or
• Civil public nuisance.

8
Criminal Ordinances inConnecticut and San Diego

• As of 2006, 49 out of states 169 towns passed
  criminal social host ordinance.
• Connecticut Coalition to Stop Underage Drinking
  at http//www.preventionworksct.org/drinking.html
  
• 2003 San Diego County and 16/18 cities in county
  passed misdemeanor social host ordinance.
• San Diego County Policy Panel on Youth Access to
  Alcohol. http//www.alcoholpolicypanel.org
• Outcomes
• CT ordinance movement led to statewide social
  host statute
• City of San Diego ordinance held
  unconstitutional, requiring city to amend law.
  With criminal social host law, proof that
  responsible person knew or should have known of
  underage drinking or possessing is essential.

9
Hosts Duties Spelled OutIn City of San Diegos
Revised Ordinance

• Control access to alcoholic beverages
• Control the quantity of alcoholic beverages
  present
• Verify the age of persons attending the gathering
  by inspecting drivers licenses or other
  government-issued identification cards
• Supervise the activities of minors

10
Ventura County and its Cities-a Civil Public
Nuisance Approach
www.venturacountylimits.org
11
Ventura County and its Cities A Model for
Response Costs Recovery
12
Nevada CommunitiesA Model of State-Wide
Collaboration and Local Tailoring
13
Rural Communities

• Social host liability ordinances are not just for
  communities with large populations or affluent
  residents.
• Mono County, California
• Teenagers
• Seasonal employees of ski resort

14
Additional Ordinances

• Noise or other public nuisance ordinance
• Safety plan ordinance (City of Chico, CA)
• Landlord license ordinance (Grand Forks ND
  Bloomsburg, PA)

15
Stacy Saetta, JD, Legal Policy Researcher ssaetta_at_
pire.org