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Prohibitions Against Hosting Underage Drinking Parties

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Policies as of:� 1/1/2009
Jurisdiction:	All States	Searched on:� 11/25/2009 4:49:32 AM EST
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Juris.

Policies as of:

Specific to Underage Parties

Action by Underage Guest

Property Type

Knowledge Standard

Preventive Action Negates Violation

Exceptions

Citations

Find citation text

Res.

Outdoor

Other

Family

Resident

�1/1/2009

�-

�No Law

AL
Juris. Note

�1/1/2009

Specific

�Possession Consumption

�Knowledge

Ala. Code s. 13A-11-10.1

�1/1/2009

General

�Possession

�Knowledge

3 Citations

AZ
Juris. Note

�1/1/2009

Specific

�Possession Consumption

�Negligence

Ariz. Rev. Stat. s. 4-241

�1/1/2009

�-

�No Law

CA
Juris. Note

�1/1/2009

�-

�No Law

Cal. Bus. & Prof. Code s. 25658.2

�1/1/2009

�-

�No Law

CT
Note 1

�1/1/2009

General

�Possession

�Knowledge

3 Citations

�1/1/2009

�-

�No Law

�1/1/2009

�-

�No Law

FL
Juris. Note

�1/1/2009

Specific

�Possession Consumption

�Knowledge

Fla. Stat. ch. 856.015

�1/1/2009

�-

�No Law

�1/1/2009

General

�Possession

�Knowledge

Haw. Rev. Stat. s. 712-1250.5

�1/1/2009

�-

�No Law

IL
Juris. Note

See also Note 2

�1/1/2009

General

�Consumption

�Knowledge

2 Citations

IL
Juris. Note

See also Note 3

�1/1/2009

General

�Consumption

�Overt Act

235 Ill. Comp. Stat. 5/6-16

�1/1/2009

�-

�No Law

�1/1/2009

�-

�No Law

KS
Note 4

�1/1/2009

Specific

�Possession Consumption

�Knowledge

4 Citations

�1/1/2009

�-

�No Law

�1/1/2009

�-

�No Law

�1/1/2009

General

�Possession Consumption

�Knowledge

Me. Rev. Stat. Ann. tit. 28-A, s. 2081

Juris.

Policies as of:

Specific to Underage Parties

Action by Underage Guest

Property Type

Knowledge Standard

Preventive Action Negates Violation

Exceptions

Citations

Find citation text

Res.

Outdoor

Other

Family

Resident

�1/1/2009

General

�Possession Consumption

�Knowledge

3 Citations

�1/1/2009

General

�Possession

�Knowledge

2 Citations

MI
Juris. Note

�1/1/2009

Specific

�Possession Consumption

�Knowledge

Mich. Comp. Laws s. 750.141a

�1/1/2009

�-

�No Law

�1/1/2009

�-

�No Law

�1/1/2009

General

�Possession Consumption

�Knowledge

2 Citations

�1/1/2009

�-

�No Law

�1/1/2009

�-

�No Law

�1/1/2009

�-

�No Law

NH
Note 5

�1/1/2009

Specific

�Intention Possession Consumption

�Overt Act

3 Citations

�1/1/2009

General

�Consumption

�Overt Act

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

�1/1/2009

�-

�No Law

�1/1/2009

�-

�No Law

�1/1/2009

�-

�No Law

�1/1/2009

�-

�No Law

OH
Juris. Note

�1/1/2009

General

�Possession Consumption

�Knowledge

Ohio Rev. Code Ann. s. 4301.69

OH
Juris. Note

�1/1/2009

General

�Consumption

�Negligence

Ohio Rev. Code Ann. s. 4301.69

�1/1/2009

General

�Possession Consumption

�Knowledge

3 Citations

OR
Juris. Note

�1/1/2009

General

�Consumption

�Knowledge

Or. Rev. Stat. s. 471.410

�1/1/2009

General

�Possession

�Knowledge

2 Citations

�1/1/2009

General

�Consumption

�Knowledge

3 Citations

�1/1/2009

General

�Possession Consumption

�Overt Act

4 Citations

Juris.

Policies as of:

Specific to Underage Parties

Action by Underage Guest

Property Type

Knowledge Standard

Preventive Action Negates Violation

Exceptions

Citations

Find citation text

Res.

Outdoor

Other

Family

Resident

�1/1/2009

�-

�No Law

�1/1/2009

�-

�No Law

�1/1/2009

�-

�No Law

�1/1/2009

�-

�No Law

�1/1/2009

�-

�No Law

�1/1/2009

�-

�No Law

�1/1/2009

General

�Consumption

�Negligence

Wash. Rev. Code s. 66.44.270

�1/1/2009

�-

�No Law

WI
Juris. Note

�1/1/2009

General

�Consumption

�Knowledge

Wis. Stat. s. 125.07

WY
Note 6

�1/1/2009

Specific

�Possession Consumption

�Knowledge

3 Citations

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 Applicable to Prohibitions Against Hosting Underage Drinking Parties

1.   Jurisdictions have enacted various provisions focusing on the furnishing and provision of alcohol to minors.  See Furnishing Alcohol to Minors.  For purposes of Prohibitions Against Hosting Underage Drinking Parties, APIS does not include provisions that prohibit persons from "aiding," "assisting," "abetting," or "knowingly enabling" a minor's possession or consumption of alcohol, or other provisions that relate generally to the furnishing of alcohol to a minor.  Rather, the provisions collected under Prohibitions Against Hosting Underage Drinking Parties are those that prohibit persons from allowing or permitting underage possession or consumption on property within the person's ownership or control, without regard to whether the person furnished alcohol to minors.

2.   Many jurisdictions have other provisions that may pertain to the actions of persons with regard to underage drinking.  These provisions, although outside the scope of APIS, could potentially be used by law enforcement officials to provide State-imposed liability against a social host.  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;

� statutes that declare, as a "public nuisance," maintaining a building or place where alcoholic beverages are manufactured, stored, transported, sold, or otherwise dispensed in violation of law;

� provisions dealing with contributing to the delinquency of a minor, child endangerment, or child abuse and neglect;

� provisions that may criminalize allowing a minor under an individual's supervision to drink alcohol, but without reference to any property under the individual's ownership or control; and

� provisions that pertain exclusively to persons in control of licensed premises.

3.   Most jurisdictions do not specify a minimum number of guests at a gathering for a State-imposed liability statute to apply. Provisions that specify a minimum number are described in row notes or jurisdiction notes.

4.   There is considerable variation across jurisdictions regarding the description of the social host's relationship to the property.  Social hosts may have legal possession of property; control of property; ownership or control of property; or be the owner or occupant of property.  APIS does not address these distinctions.

5.   In some jurisdictions, State-imposed liability statutes apply only to social hosts above a certain age. APIS does not document the specific age provisions.

6.   In some jurisdictions, State-imposed liability provisions apply only if the minors who are possessing or consuming alcohol are under a certain age less than 21.  Such conditions are described in row notes or jurisdiction notes.

7.   Some States have specific provisions relating to State-imposed liability for social hosts when underage drinking is limited to beverages containing less than one-half of one percent alcohol.  APIS does not document provisions that are limited to such beverages.

COLUMN DEFINITIONS (VARIABLES) - [Return to top]

1.   Specific to Underage Parties:

"Specific" statutes explicitly address underage drinking parties, by making reference to the words "party," "gathering," "open house," "hosting" and similar terms in the language of the provision with respect to property owned, leased, or otherwise controlled by the social host.  "General" statutes prohibit individuals from allowing or permitting underage drinking on their properties generally, without reference to parties, gatherings or some similar term. "General" laws have a broader scope than underage drinking parties (e.g., they may also prohibit adults from allowing minors to consume alcohol in settings other than the adult's home), but are applicable to the underage drinking party context.

2.   Action by Underage Guests:

This variable identifies the specific underlying activity by underage guests that will trigger a violation under a statute establishing State-imposed liability for hosting underage drinking parties.  APIS codes the following actions for this variable:

� Possession
� Consumption
� Intention (to possess or consume)

If more than one action is listed, any one of them is sufficient to establish a violation.

3.   Property Type:

Jurisdictions vary regarding the types of property covered by statutes that establish State-imposed liability for hosting underage drinking parties.

� Residence: A residence owned, leased, or otherwise controlled by the social host
� Outdoor: Outdoor property owned, leased, or otherwise controlled by the social host
� Other: Other property, which may include a shed, garage, or other outbuilding owned, leased, or otherwise controlled by the social host, or else a hotel or motel room, campground, or other public site

4.   Knowledge Standard:

The statutes reviewed for this policy topic set varying thresholds for hosts' knowledge or action regarding an underage drinking party on property they control. Liability is imposed by the State only if this "knowledge standard" is satisfied. For coding, APIS uses the following categories derived from basic concepts of criminal law:

� Overt Act - the host must have actual knowledge and commit an act that contributes to the occurrence
� Knowledge - the host must have actual knowledge; no action is required
� Negligence - the host knew or should have known of the event's occurrence (in legal terminology this is referred to as "constructive knowledge")

For statutes that do not explicitly specify the level of knowledge required for a social host offense, wording such as "permit an underage person to consume alcohol on property he controls" has been interpreted to require at least negligence (constructive knowledge) in accordance with standard legal interpretation. Statutes that condition liability on a social host having actual knowledge of an underage party's existence generally do not specify precisely what elements of the offense must be known (e.g., whether a party is taking place, whether participants are underage, whether alcohol is served).

5.   Preventive Action Negates Violation:

In some jurisdictions, preventive action by the social host may negate State-imposed liability.  For these jurisdictions, a row note or jurisdiction note specifies whether preventive action constitutes an affirmative defense or whether absence of preventive action is an element of the offense.  (An affirmative defense must be established by a defendant in order to avoid liability; an element of the offense is something the prosecution must prove in order to establish the defendant's guilt.) A checkmark in this column indicates that preventive action by the social host can negate State-imposed liability.

6.   Exceptions to Underage Guest Requirement (Exceptions):

Jurisdictions have varying exceptions in their statutes for family members or others, or for other uses or settings involving the handling of alcoholic beverages.  APIS codes the following exceptions to the Underage Guest requirement:

� Family members
� Residents or members of same household

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]

Alabama: Alabama's provision requires that the adult social host be in attendance at the gathering or party in order for a violation to occur.  The "preventive action" provision in Alabama requires the prosecution to prove that the host failed to take preventive action.

Arizona: Arizona's social host provision applies to gatherings of two or more underage persons on unlicensed premises, where the person charged knows or should know that one or more of the underage persons is in possession of or consuming spirituous liquor.

California: As of January 1, 2004, a California statute imposes social host liability in circumstances that are more limited than for other laws included in this table.  The California law applies only if the underage person is under 18 years old, has a blood alcohol concentration of 0.05 percent or greater, was permitted to drive a vehicle, and was found to have caused a traffic collision while driving.  See Cal. Bus. & Prof. Code � 25658.2.

Florida: The "preventive action" provision in Florida requires the prosecution to prove that the host failed to take preventive action.

Illinois: Illinois had a specific hosting provision, 235 Ill. Comp. Stat. 5/6-16(c), that was declared unconstitutional by the Illinois Supreme Court on December 5, 2002.  See People v. Law, 782 N.E.2d 247 (Ill. 2002).  Other hosting provisions remain in effect.

Michigan: Michigan's social host statute does not apply if all individuals attending the social gathering are members of the same household or immediate family, or if a minor's use, consumption, or possession of an alcoholic beverage is for religious purposes.  The "preventive action" provision in Michigan allows the prosecution to establish guilt by proving that the host failed to take preventive action.

Ohio: In addition to the restrictions imposed on owners or occupants of public or private places, Ohio's provision regarding property states that no person shall engage or use accommodations at a hotel, inn, cabin, campground, or restaurant when the person knows or has reason to know that beer or intoxicating liquor will be consumed by an underage person on the premises.  Owners or occupants of public or private places are held to a knowledge standard, while those who engage or use accommodations at a hotel, inn, cabin, campground, or restaurant are held to a negligence standard.

Oregon: Oregon's social host provision states that its prohibitions apply only to a person who is present and in control of the location at the time underage consumption occurs.

Wisconsin: The "preventive action" provision in Wisconsin allows the prosecution to establish guilt by proving that the host failed to take preventive action.

ROW NOTES - [Return to top]

1 (Connecticut) - The "preventive action" provision in Connecticut requires the prosecution to prove that the host failed to take preventive action.

2 (Illinois) - Until August 31, 2007, under 235 Ill. Comp. Stat. 5/6-16(a-1), a person committed a social host offense if one was a parent or guardian and permitted one's residence to be used by an underage invitee of one's child or ward in a manner that violated the statute. An offense under 235 Ill. Comp. Stat. 5/6-16(a-1) was deemed to have occurred if a parent or guardian knowingly authorized, enabled, or permitted the prohibited use to occur by failing to control access to either the residence or the alcoholic liquor maintained in the residence. Thus, the "preventive action" provision in Illinois required the prosecution to prove that the host failed to take preventive action. This preventive action provision was eliminated as of August 31, 2007. The prohibition continues to be limited to parents and guardians.

3 (Illinois) - Under 235 Ill. Comp. Stat. 5/6-16(d), a person commits a social host offense by renting a hotel or motel room for the purpose of or with the knowledge that such room be used for the consumption of alcoholic liquor by underage persons.

4 (Kansas) - As of May 24, 2007, Kansas's "unlawful hosting" provision applies to possession or consumption by minors, which is any person under 21 years of age. Prior to May 24, 2007, Kansas's "unlawful hosting" provision only applied to possession or consumption by persons under the age of 18.

5 (New Hampshire) - In New Hampshire, an "underage alcohol house party" means a gathering of five or more people under the age of 21 at any occupied structure, dwelling, or curtilage, where at least one person under the age of 21 unlawfully possesses or consumes an alcoholic beverage. A person is guilty of a misdemeanor if he or she owns or has control of the occupied structure, dwelling, or curtilage where an underage alcohol house party is held and he or she knowingly commits an overt act in furtherance of the occurrence of the underage alcohol house party knowing persons under the age of 21 possess or intend to consume alcoholic beverages. The "preventive action" provision in New Hampshire allows the defendant to avoid criminal liability by establishing, as an affirmative defense, that he or she took preventive action with respect to the underage alcohol house party.

6 (Wyoming) - Wyoming's social host statute only applies to possession or consumption by persons under the age of 18. Wyoming has attached a furnishing exception to its social host statute. See Wyo. Stat. Ann. � 6-4-406(b)(i). APIS has not interpreted this provision as providing an exception to the social host prohibition, only to the act of furnishing.

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