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