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Furnishing Alcohol to Minors

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Policies as of:� 1/1/2009
Jurisdiction:	All States	Searched on:� 11/24/2009 6:29:31 AM EST
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Juris.

Policies as of:

Furnishing Prohibited

EXCEPTIONS

Affirmative Defense:
Minor Not Charged

Citations

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Alcohol Furnished By

Location

Parent Guardian

Spouse

In Any Private Location

In Private Residence

In Parent/ Guardian's Home Only

US
Juris. Note

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2 Citations

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Only in combination with another exception

3 Citations

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4 Citations

AR
Juris. Note

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2 Citations

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2 Citations

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2 Citations

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3 Citations

DE
Juris. Note

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2 Citations

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3 Citations

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2 Citations

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Ga. Code Ann. s. 3-3-23

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KS
Juris. Note

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3 Citations

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4 Citations

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3 Citations

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3 Citations

MD
Juris. Note

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2 Citations

Juris.

Policies as of:

Furnishing Prohibited

EXCEPTIONS

Affirmative Defense:
Minor Not Charged

Citations

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Alcohol Furnished By

Location

Parent Guardian

Spouse

In Any Private Location

In Private Residence

In Parent/ Guardian's Home Only

�1/1/2009

Mass. Gen. Laws ch. 138, s. 34

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3 Citations

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Minn. Stat. s. 340A.503

MS
Juris. Note

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5 Citations

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4 Citations

MT
Juris. Note

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2 Citations

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3 Citations

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Nev. Rev. Stat. s. 202.055

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N.H. Rev. Stat. Ann. s. 179:5

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N.J. Rev. Stat. s. 2C:33-17

NM
Note 1

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2 Citations

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N.Y. Alco. Bev. Cont. s. 65

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3 Citations

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N.D. Cent. Code s. 5-02-06

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Ohio Rev. Code Ann. s. 4301.69

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3 Citations

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Or. Rev. Stat. s. 471.410

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18 Pa. Cons. Stat. s. 6310.1

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4 Citations

SC
Juris. Note

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11 Citations

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2 Citations

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2 Citations

Juris.

Policies as of:

Furnishing Prohibited

EXCEPTIONS

Affirmative Defense:
Minor Not Charged

Citations

Find citation text

Alcohol Furnished By

Location

Parent Guardian

Spouse

In Any Private Location

In Private Residence

In Parent/ Guardian's Home Only

TX
Juris. Note

�1/1/2009

3 Citations

�1/1/2009

3 Citations

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Vt. Stat. Ann. tit. 7, s. 658

VA
Note 2

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4 Citations

�1/1/2009

Wash. Rev. Code s. 66.44.270

WV
Juris. Note

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W. Va. Code s. 60-3-22a

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2 Citations

WY
Juris. Note

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Wyo. Stat. Ann. s. 12-6-101

CHANGES TO THE DATA - [Return to top]

Data for this policy topic are updated from time to time to add new material and to clarify or correct information already available on the site. This policy topic was last updated on September 28, 2009, and reflects changes in the law through 1/1/2009.  A list of any changes since this policy topic first appeared on this Web site is available on the Web Site Change Log page.

EXPLANATORY NOTES AND LIMITATIONS - [Return to top]

Explanatory Notes and Limitations Applicable to All APIS Policy Topics

1.   State law may permit local jurisdictions to impose requirements in addition to those mandated by State law. Alternatively, State law may prohibit local legislation on this topic, thereby preempting local powers. APIS does not document policies established by local governments.

2.   In addition to statutes and regulations, judicial decisions (case law) also may affect alcohol-related policies.  APIS does not review case law except to determine whether judicial decisions have invalidated statutes or regulations that would otherwise affect the data presented in the comparison tables.

3.   APIS reviews published administrative regulations. However, administrative decisions or directives that are not included in a State's published regulatory codes may have an impact on implementation. This possibility has not been addressed by the APIS research.

4.   Statutes and regulations cited and linked in tables on this policy topic may have been amended or repealed after the specific date or time period specified by the site user's search criteria.

5.   A comprehensive understanding of the data presented in the comparison tables for this policy topic requires examination of the jurisdiction notes and row notes that appear beneath the tables. Jurisdiction notes and row notes can also be accessed from the body of the table via links in the Jurisdiction column.

Explanatory Notes and Limitations for Underage: Possession, Consumption, Internal Possession, Purchase and Furnishing

1.   Some States' provisions do not apply reciprocal exceptions to both the provider of alcohol and the minor (e.g., California permits minors to possess alcohol in private locations, but it is illegal for anyone to provide alcohol to minors in any setting).

2.   Some States have exceptions for beverages containing less than one-half of one percent alcohol by volume.  APIS does not address these types of provisions.

3.   Laws that allow individuals under 21 years of age to purchase, consume, possess, be furnished with, or have alcohol in their systems, are included as exceptions, even if the exception is limited to 18+ year olds or to a certain type of alcohol (e.g., light wine or beer). Such conditions and limitations that apply to exceptions identified in the comparison tables are described in jurisdiction notes and/or row notes below the tables.

4.   Some State statutes provide exceptions for minors married to a "legal age spouse" while others simply refer to a "spouse." APIS codes both of these wordings as exceptions under "spouse."

5.   This review does not include the following items related to underage drinking and access to alcohol:

- State and Federal laws related to enforcement and penalties.
- Provisions specific to beer containing not more than 3.2 percent alcohol by weight.
- Provisions that are specific to parks (other than national parks as described on the Federal Law page).
- Provisions that are specific to school or university property.
- Separate laws for the military or for Indian reservations.  Approximately 200 tribes across the Nation have jurisdiction and responsibility for laws affecting their reservations.  Many have passed their own laws regarding underage drinking and access to alcohol.

Explanatory Notes and Limitations Specifically Applicable to Underage: Furnishing

1.   Some States have provisions that allow participation in certain training programs or other practices to mitigate penalties for sellers/licensees/employers/permitees who have violated provisions related to serving minors.  This section of APIS does not include these types of provisions.  (For information about such programs, see Beverage Service Training & Related Practices.) Similarly, provisions related to the Minor Not Charged variable are included only if they constitute an affirmative defense, not merely a mitigation of penalties.

2.   State provisions vary in the language used to prohibit furnishing alcohol to minors.  Some refer to any person and include all types of transactions between the provider and underage receiver (e.g., making it illegal to sell, dispose, deliver, exchange, give, furnish, etc.).  Other States' provisions are more limited as to the identified provider and specific prohibited acts.   APIS treats all of these transactions as "furnishing."

3.   This analysis does not consider or include the following types of provisions:

- General criminal statutes dealing with aiding or abetting alcohol possession or consumption by minors.
- Provisions dealing with contributing to the delinquency of a minor, child endangerment, or child abuse and neglect.

4.   APIS does not assume that furnishing by a parent or guardian is permitted in a jurisdiction simply because that jurisdiction allows possession or consumption by a minor when the alcohol is received from a parent or guardian.

5.   State provisions vary in the standards of proof necessary for a "sales to minor" conviction.  Typically, States apply some version of a negligence standard�the person serving the minor should have known or had reason to believe that the person being served was under 21 years of age.  Some provisions appear to require a higher level of evidence, requiring actual knowledge of the minor's age.  Other States may apply a strict liability standard: the server is liable even if a reasonable person in like circumstances would have acted in the same manner; in such cases, the prosecution only needs to prove the fact of the service. Judicial interpretations of these standards sometimes blur the distinctions.

6.   This section of APIS does not address culpability of alcohol retailers for third party transactions (e.g., the seller makes a legal transaction to an adult but with knowledge or reason to believe that the adult purchaser is intending to give or resell the alcohol to a minor).

COLUMN DEFINITIONS (VARIABLES) - [Return to top]

One set of variables for furnishing alcoholic beverages to minors pertains to EXCEPTIONS to a prohibition of such furnishing. These exceptions are coded based on relevant statutes and regulations. There also may be religious, medical, parental, spousal, and law enforcement exceptions based on custom or constitutional protections that are not addressed by APIS.  APIS also includes a variable related to an affirmative defense for a seller/licensee when the minor involved is not charged.

For Location and Family variables, a plus sign

indicates the conduct is permitted only if both a Family exception and a Location exception are satisfied, e.g., a parent is present AND the conduct occurs on private property. A check mark

indicates the exception is not conditional on another exception being satisfied, e.g., a parent is present regardless of whether the conduct occurs on private property.

1.   Furnishing Prohibited

2.   Exceptions when the alcoholic beverages are furnished by:

.  A Parent or Guardian
.  A Spouse

Some jurisdictions limit the Parent/Guardian and/or Spouse exception to specific locations.  In such cases, the exception is shown as a plus sign rather than a check mark.

3.   Exceptions related to Location:

.  In Any Private Location
.  In Private Residences
.  In Parent/Guardian's Home Only

All of these Location exceptions are conditional on the presence and/or consent of the parent, legal guardian, or spouse.  These location exceptions are shown as a plus sign to indicate that they are permitted only in combination with a specified family exception.

4.   Affirmative Defense: Minor Not Charged

Provisions requiring that the Seller/licensee be exonerated of charges of furnishing alcohol to a minor unless the minor involved is charged.

CITATIONS - [Return to top]

Citations are provided to the statutory and regulatory sources supporting the coding of the variables displayed in the APIS comparison tables.

These citations indicate where a particular legal provision can be found in a jurisdiction's published statutory or regulatory codes. For more on legal citation generally, see Introduction to Basic Legal Citation.

To access the text of statutes or regulations cited in the APIS comparison tables, go to Law by Source: State Listing by Jurisdiction and select the jurisdiction you are interested in. On the Legal Materials page for that jurisdiction, consult the sources listed under Constitution and Legislation (particularly Statutes) and/or the sources listed under Regulations and Other Agency Material (particularly Administrative Code).

Note: Introduction to Basic Legal Citation and Law by Source: State Listing by Jurisdiction are products of Cornell University Law School's Legal Information Institute. Clicking either of the above links will take you to a web site that is not part of the Alcohol Policy Information System. APIS is not responsible for the accuracy, currency, or completeness of information contained on any third-party site, and is not liable for damages of any kind arising from accessing, using, or inability to access or use any third-party site.

JURISDICTION NOTES - [Return to top]

United States: Please see Federal Law for this policy topic.

Arkansas: Arkansas' statute regarding furnishing alcohol to any person under 21 years old includes an exception for "family" members, but does not specify which family members. APIS interprets the phrase �family� as including a spouse.

Delaware: Delaware�s exception includes �members of the same family� and allows furnishing if in the �private home of any of said members.� See Del. Code Ann. tit. 4, � 904. APIS interprets the phrase �members of the same family� as including a spouse.

Kansas: Kansas has an exception permitting the furnishing by a parent or legal guardian to a child or ward but the exception only applies to cereal malt beverages (defined as any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but not including any liquor which is more than 3.2 percent ABW).

Maryland: Maryland's exception allows furnishing of alcohol to minors by members of their "immediate family" when the alcoholic beverage is furnished and consumed "in a private residence or within the curtilage of the residence." APIS interprets the phrase �immediate family� as including a spouse. See Md. Code Ann., Crim. Law � 10-117(c)(1) beginning October 1, 2002, and Md. Ann. Code 1957 art. 27, � 401A(c)(1) prior to October 1, 2002.

Mississippi: Mississippi's Parent/Guardian and Spouse exception applies to those persons at least 18 years old and only for furnishing of light wine or beer.

Montana: The parental exception applies to the provision of alcohol in a �nonintoxicating quantity.� In Montana, "intoxicating quantity" is defined as a quantity "sufficient to produce ... a blood, breath, or urine alcohol concentration in excess of 0.05 ... or substantial or visible mental or physical impairment." See Mont. Code Ann. � 16-6-305.

South Carolina: South Carolina's Parent / Guardian and Spouse exceptions apply when the alcohol is furnished in the home of the spouse or in the home of the parent or guardian.  See S.C. Code Ann. �� 61-4-90, 61-6-4070 and 61-6-4075.

Texas: In Texas, a person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if he is the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and he is visibly present when the minor possesses or consumes the alcoholic beverage.

West Virginia: West Virginia's exception allows relatives by blood or marriage to furnish alcohol to minors.

Wyoming: Wyoming's exception allows members of the minor's "immediate family" to furnish alcohol. APIS interprets the phrase �immediate family� as including a spouse.

ROW NOTES - [Return to top]

1 (New Mexico) - In New Mexico beginning July 1, 2004, furnishing of alcoholic beverages to a person under 21 is specifically allowed when "a parent, legal guardian or adult spouse of a minor serves alcoholic beverages to that minor on real property, other than licensed premises, under the control of the parent, legal guardian or adult spouse,� or when "alcoholic beverages are used in the practice of religious beliefs." See N.M. Stat. Ann. � 60-7B-1(B).

2 (Virginia) - Prior to July 1, 2005, Virginia�s law allowing any person to keep or possess alcoholic beverages �in his residence for his personal use or that of his family� was not specific to minors and therefore did not meet the criteria for an exception in this policy topic. With the passage of legislation effective July 1, 2005, however, this exception was incorporated in a new underage furnishing provision and now meets the criteria for coding the Parent / Guardian and Spouse exceptions to underage furnishing, when the alcohol is provided by a person �in his residence.�

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