Thursday, November 3, 2016

Local Social Host Ordinance FAQ

Q:  Who is a social host?
A:  The ordinance states: A social host is any person who aids, conducts, allows, entertains, organizes, supervises, controls, or permits an event, gathering, or party.  This includes, but is not limited to a) the person(s) who owns, rents, leases, or otherwise has control of the premises where the event, gathering, or party takes place; b) the person(s) in charge of the premises; or c) the person(s) who organized the event.  If the social host is a juvenile, then the parent(s) of that juvenile will be jointly and severally liable for any violation of this chapter. 

Q:  Does the Social Host Ordinance apply to property owners who are not present and do not know about the underage consumption of alcohol on their property?
A:  The ordinance states:  The social host knowingly permits or allows underage persons to consume alcoholic beverages, and/or controlled substances, and/or prescription drugs; The social host reasonably should know that an underage person or persons has consumed alcoholic beverages, and/or controlled substances, and/or prescription drugs; The social host knowingly permits or allows underage persons to possess an alcoholic beverage, and/or controlled substance(s), and/or prescription drug(s).  A social host who hosts such an event, gathering, or party does not need to be on the premises at the time the prohibited act occurs to be in violation of this chapter. 

A social host has an affirmative defense if the social host took reasonable steps to prevent the possession or consumption of alcoholic beverages and/or controlled substances, and/or prescription drugs such as contacting law enforcement and allowing officers onto the premises for the purpose of stopping these illegal activities.

So, if the property is utilized for an underage drinking party without the owner’s knowledge the owner cannot be held liable. 

Q:  Does the Social Host Ordinance apply to events on Public Property?
A:  The ordinance states that a premises is any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation.

So if an event is held on public property where underage persons are consuming alcohol and the host knowingly allows the consumption to go on they can be held liable. 

A social host has an affirmative defense if the social host took reasonable steps to prevent the possession or consumption of alcoholic beverages and/or controlled substances and/or prescription drugs such as contacting law enforcement and allowing officers onto the premises for the purpose of stopping these illegal activities.

Q:  Does the Social Host Ordinance give authorities permission to enter private property without permission?
A:  This ordinance does not allow authorities to come on private property without permission.

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