social host ordinances: an environmental strategy for reducing underage drinking parties james f....

Social Host Ordinances:Social Host Ordinances:An Environmental Strategy for Reducing An Environmental Strategy for Reducing

Underage Drinking PartiesUnderage Drinking Parties

James F. Mosher, JDAlcohol Policy Consultations

November 18, 2009

New Mexico Enacting Social Host Ordinances Training sponsored by the New Mexico Traffic Safety Bureau, November 18, 2009

Usual Drinking LocationUsual Drinking Location77thth-12-12thth Graders Graders

New Mexico YRRS Survey, 2007New Mexico YRRS Survey, 2007

54%

26%

8%

5%4% 2% 1% Other person's

homeMy home

Public place

In a car

School property

Public event

Bar, rest., club

Other person’s home

How Teens Obtain AlcoholHow Teens Obtain Alcohol77thth-12-12thth Graders Graders

New Mexico YRRS Survey, 2007New Mexico YRRS Survey, 2007

Given to me, 38.4%

Gave $, 21.1%

Commercial purchase,

5.6%

Other, 31.4%

Took it, 9.0%

Usual Drinking Location: EthnicityUsual Drinking Location: Ethnicity

0%

10%

20%

30%

40%

50%

60%

White Hisp NA Black Other

My home

Another person'shome

Other

New Mexico YRRS Survey, 2007New Mexico YRRS Survey, 2007

Number of Drinks Consumed by Number of Drinks Consumed by Social ContextSocial Context

0

1

2

3

4

5

6

Ages 12-14 Ages 15-17 Ages 18-20

Alone

With 1 otherpersonWith 2 or moreother people

Mea

n N

um

ber

of

Dri

nk

s

NSDUH, 2009

New Mexico YRRS Survey, 2007New Mexico YRRS Survey, 2007

Beverage Preference by GenderBeverage Preference by GenderNew Mexico 9New Mexico 9thth-12-12thth Graders Graders

(30 day prevalence, 2007)(30 day prevalence, 2007)

0

5

10

15

20

25

30

35

40

45

girls boys

Distilled SpiritsBeerAlcopops

New Mexico YRRS, 2007

Alcopops:The Party Drink for Girls

What is Social Host Liability?What is Social Host Liability?

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

What is Social Host Liability?What is Social Host Liability?

Hosts are prohibited from providing a Hosts are prohibited from providing a location location for underage drinking events.for underage drinking events.

Furnishing the alcohol is not a required Furnishing the alcohol is not a required element of the offense.element of the offense.

Types of Social Host LiabilityTypes of Social Host Liability

Civil/tort liability Civil/tort liability CriminalCriminal Civil/cost recoveryCivil/cost recovery

Type 1: Civil/Tort LiabilityType 1: Civil/Tort Liability

Laws and court opinions that allow third Laws and court opinions that allow third parties to sue social hosts for damage caused parties to sue social hosts for damage caused by minors who consumed alcohol on the by minors who consumed alcohol on the host’s property.host’s property.

Type 2: Criminal StatutesType 2: Criminal Statutes

Social host laws that impose Social host laws that impose criminal sanctions (fines or criminal sanctions (fines or imprisonment)imprisonment)

Criminal prosecution requires Criminal prosecution requires strong evidence of strong evidence of wrongdoing.wrongdoing.

20 states have enacted 20 states have enacted criminal social host laws. criminal social host laws.

Type 3:Civil/Cost RecoveryType 3:Civil/Cost Recovery

Treats underage drinking parties as a public Treats underage drinking parties as a public nuisance and threat to public safety.nuisance and threat to public safety.

Imposes an affirmative duty on home owners to Imposes an affirmative duty on home owners to prevent parties from occurring.prevent parties from occurring.

Type 3:Civil/Cost Recovery (cont.)Type 3:Civil/Cost Recovery (cont.)

Imposes civil fines, including possible Imposes civil fines, including possible reimbursement to local government for cost reimbursement to local government for cost of law enforcement and emergency services.of law enforcement and emergency services.

May include landowners, landlords, tenants, May include landowners, landlords, tenants, and hotel and motel operators.and hotel and motel operators.

Advantages of Advantages of Civil/Cost Recovery LawsCivil/Cost Recovery Laws

Strict liability – Strict liability – no knowledge requirement.no knowledge requirement. Fines imposed administratively, Fines imposed administratively, not through not through

criminal justice system.criminal justice system. Quicker, more certain processQuicker, more certain process Greater likelihood that punishment will be Greater likelihood that punishment will be

imposed.imposed. Promotes shift in community/social norms.Promotes shift in community/social norms.

Social Host Ordinances:Social Host Ordinances:Key drafting decisionsKey drafting decisions

Type of ordinanceType of ordinance Level of knowledge required for violation to Level of knowledge required for violation to

occuroccur Persons potentially liablePersons potentially liable Number of notifications and time periodNumber of notifications and time period Amount of fines and inclusion of cost Amount of fines and inclusion of cost

recoveryrecovery

www.venturacountylimits.orghttp://www.venturacountylimits.org/pdfs/vcl_mshl_jan06.pdf

Prohibitions Against Hosting Underage Drinking Parties as of January 1, 2009

Exceptions to Minimum Age of 21 for Possession of Alcohol as of January 1, 2009

INDIVIDUALS POPULATIONS

Social Host Ordinances:

Their Role in Changing Community Alcohol Environments

“The beauty of [the alcopops

category] is that it brings in new

drinkers, people who really don’t like the taste of

beer.”Marlene Coulis

Director of New ProductsAnheuser-Busch Co.

Advertising AgeApril 22, 2002

Age of First Use of Alcoholic Beverages among 12-17 year olds, 2004: 14.4 years old.

Every day, 5,400 young people under 16 years old started drinking.

Who are “New Drinkers”?Who are “New Drinkers”?

Sparks Alcoholic Energy DrinkSparks Alcoholic Energy Drink

The Sparks marketing The Sparks marketing formula:formula:

Alcohol + caffeine = Alcohol + caffeine = enhanced partyingenhanced partying

Sparks: The Party DrinkSparks: The Party Drink

““i luv sparks because it has that i luv sparks because it has that yummy flintstone vitamin taste, gets yummy flintstone vitamin taste, gets me drunk and gives me that extra me drunk and gives me that extra engery i need to get through a nite of engery i need to get through a nite of partying!”partying!”

“Four is all about the party!!!”Four Loko Facebook Page

Joose Fan Feedback:“Joose is the best bang for the buck.”

Price: A key variable in preventing underage drinking

Prevention ParadigmsIndividualIndividual EnvironmentalEnvironmental

Behavior and behavior change

Policy and policy change

Relationship of individual to alcohol

problem

Social, physical, political and economic context of

alcohol problems

Short term focus on program development

Long term focus on

policy development and implementation

Role of Policy inRole of Policy inAffecting Drinking BehaviorAffecting Drinking Behavior

Public andPublic andInstitutionalInstitutional

PoliciesPolicies

AlcoholAvailability

Norms, Attitudes,

Beliefs

Alcohol Use and

Problems

Source: Wagenaar et al., 1986