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 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.
For more information please contact the SAFE Coalition at 319-293-6412
or info@vbsafecoalition.com.
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