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Tara McGuire, Manager Alcohol Prevention Enhancement Site, Bluegrass Prevention Center [email protected] www.kyprevention.com Teen drinking kills more youth than all other drugs combined. It is the No. 1 Youth Drug Problem in America. Just like any other….. http://www.nbcconnecticut.com/news/politics/Sunday-Liquor-SalesSupporters-Use-Humor-in-Campaign-140550713.html www.youtube.com/watch?v=buVZXYPUDEY More than a highway safety issue… - 17.4% reported memory loss as result of their drinking/drug-use. - 3.3% reported their drinking / drug use caused them to be in a CAR WRECK. - 58.2% say it is easy to get beer, wine or hard liquor 2012 KIP SURVEY, KY 10th Grade ADULT ROLE Consistent: ‘No use before 21’ message! Make clear that your expectation is he or she not drink. http://www.youtube.com/watch?v=cXSZ84KCjzg have a Social Host Ordinance http://www.youtube.com/watch?v=cXSZ84KCjzg www.kyprevention.com Are Social Host Ordinances REDUNDANT? Social Host Ordinances hold property owners civilly and/or criminally liable for underage drinking that occurs on their property if they knew or should have known about it. Criminal Acts: • Enforced through criminal prosecution • Punishable by fines, imprisonment or both Civil Liability: • Injured parties seek monetary damages from host • Settled through litigation brought against host by injured parties Recovery Cost: • Whoever controls the property where the party wa held is held civilly responsible for associated costs of: • Police, fire or other emergency response services dispatched to the party • Police officer and court time necessary to settle the complaint Social Host Ordinances verses KRS Unlawful Transaction with a Minor Unlawful Transaction with a Minor in the Third Degree (KRS 530.070)—a person who “knowingly sells, gives, purchases, or procures any alcoholic or malt beverage in any form to or for a minor” can be charged under this statue, which is a Class A Misdemeanor. Parents or guardians of that minor are specifically exempted from this statute—so, someone can be charged with unlawful transaction if they give alcohol to someone else’s child, but not for giving it to their own child. WEAKNESS – you have to prove that a “transaction” took place. If someone buys alcohol, puts it in the basement fridge, walks away and washes their hands of the matter, it is difficult to charge them with unlawful transaction so long as they can deny knowledge minors would consume it. Social Host Ordinances verses KRS Minors Not to Possess or Purchase Liquor Minors Not to Possess or Purchase Liquor (KRS 244.085)—this statute holds minors responsible for possessing or purchasing alcohol. It also states: “No person shall aid or assist any person under 21 years of age in purchasing or having delivered or served to him or her any alcoholic beverages”—for adults, failure to abide by this statute is a Violation, punishable by a fine only, and there is no exception for the parents of the minor. WEAKNESS -- It is necessary to prove someone “aided or assisted” the minor in purchasing alcohol or having it delivered or served to him. The issue is not just someone can denying knowing that a minor was drinking. Even if they knew it was happening and did nothing, you must also establish their failure to act meaning they “aided or assisted” the minor in having alcohol served to them. Social Host Ordinances verses KRS Endangering the Welfare of a Minor Endangering the Welfare of a Minor (KRS 530.060)—Kentucky’s law states only a “parent, guardian or other person legally charged with the care of custody of a minor” can be charged. Adult-supervised drinking does not inhibit alcohol use or misuse. Parents adopting a zero-tolerance standard can reduce harmful alcohol use among their youth. Tara McGuire, Manager Alcohol Prevention Enhancement Site, Bluegrass Prevention Center [email protected] www.kyprevention.com