The at-home consumption of alcohol by minors is an age-old
problem. It has become more problematic in recent years as
families have two parents working, or a single parent working
full-time. Until recently, the illegal consumption or possession
of alcohol by a minor at a private residence was not a violation of
criminal or civil law. The only exception was if a social host directly
placed an alcoholic beverage into the hands of a minor or adult
who was visibly intoxicated. As a result, private residences became
a safe haven for illegal drinking on the part of minors.
Under legislation passed in 2000, a parent may now be held
criminally liable for merely allowing a person (not his or her child
or grandchild) under 21 years old to possess alcohol in his or her
home. It is now a misdemeanor (punished by a fine of not more
than $2,000 or imprisonment for not more than one (1) year) for
a social host to permit a minor to possess alcoholic beverages on
his or her property. A social host is a person who owns or controls
property at which alcoholic beverages are being offered.
Problems may generally occur in two situations. In the first, a
social host permits minors to possess or drink alcoholic beverages
at a social gathering held in his or her home during, for example,
a graduation or holiday party. Adults and minors attend the party
and alcoholic beverages are provided to the guests by the social
host. In the second instance, a homeowner does not actually
give permission or furnish alcoholic beverages to the minors.
The minors bring the alcoholic beverages to the home or social
gathering and consume them there. Oftentimes, the host turns a
“blind-eye” to the minors’ activity.
With the advent of this criminal statute, there will now be serious
consequences if the homeowner does nothing. He or she can be
fined, go to jail and potentially face substantial civil damages for
which he or she may not be insured.
To date, there are a myriad of issues the courts and the insurance
industry will need to address. What is the effect of this criminal
statute on the civil liability of homeowners? Will the courts expand
its interpretation of social host liability in light of this criminal
statute? Will the current homeowner’s liability insurance policies
provide coverage if there is civil liability?
The courts are likely to provide guidance to these questions in
the years to come. Until then, the significant consequences of
the social host law should make homeowners more vigilant in
monitoring underage alcohol consumption at their parties. With
the holiday season upon us, it would be prudent to pay closer
attention to who is partaking of the eggnog
