Summer is now in full swing and so are the teen parties that seem to go along with it, but if you are the parent of a local teen you may want to think twice about permitting your child to be the host of that next big summer bash. More and more cities around the Bay Area are adopting or considering adopting what they refer to as “social host ordinances.” A social host ordinance is a local law adopted by a city or county which is intended, at least in part, to curb underage drinking at private parties. Not every ordinance is the same. Some cities and counties impose criminal sanctions for both children and parents who are present at a party where alcoholic beverages are consumed by minors or who are responsible for same. Other jurisdictions treat the matter as a civil issue, imposing fines and penalties against parents and minors responsible for a party where underage drinking is occurring and also may seek to recover the costs of police response to the scene. Some jurisdiction’s ordinances provide for the jurisdiction to choose between criminal prosecution and civil penalty.
In Sonoma and Marin Counties, some form of social host ordinance has been adopted by the cities of Santa Rosa, Petaluma, Cloverdale, Rohnert Park, Corte Madera, Larkspur, Mill Valley, Novato, San Rafael, San Anselmo and Tiburon, with the possibility of more in the near future. (In San Diego County, for instance, nearly all of the 19 cities have social host ordinances on the books.)
Previously, these ordinances were only sporadically enforced, but recent auto-related incidents and concerns about the effects of underage drinking and emergency response have caused an upswing in the enforcement of local social host ordinances. In Sonoma County, fines range from $100 to $750 for the first offense. In addition, fees recovering response costs may be charged to the responsible party.
The cost of city or county imposed fines and penalties is only part of the overall liability picture for those considering hosting a teen party where alcohol may be consumed. State law provides that any person who provides any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor. Any person who provides an alcoholic beverage to any person under the age of 21 years who is subsequently injured or causes injury to another as a result thereof is likewise guilty of a misdemeanor. Any parent or legal guardian who knowingly permits his or her child or a person in the company of his or her child who is under the age of 18 to consume an alcoholic beverage at the home of the parent or legal guardian is also guilty of a misdemeanor if that child has a blood-alcohol concentration level of 0.05 percent or greater, the parent knowingly allows said child to drive a motor vehicle and that child causes a collision. (See California Business and Professions Code Section 25658–25658.2.) Violations of these state law provisions carry penalties of $1,000 for a first offense, plus community service and the possibility of imprisonment in the County jail for up to one year.
Hosting, or permitting your teen to host, a summer party can be great fun but when alcohol is served at that party it may be costly to you, your child and their friends.
Veronica A.F. Nebb is an attorney with the Sonoma law firm of Walter & Pistole. To suggest a topic or ask a question, please visit www.SonomaSun.com, go to “Contact Us” and click on “Feedback”.
