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PV Considers "Host Liability Law" for Underage Drinking
Adults could face Class A Misdemeanor for permitting illegal alcohol consumption
by Edward Paul Greiff
Frank DiMarco, a member of the Putnam County Drug and Alcohol Abuse Task Force, presented that organization's rationale for a proposed "Host Liability Law" they would like passed by the Town of Putnam Valley at the Town Board's monthly meeting on July 18, 2007. In his justification Mr. DiMarco spoke about underage drinking becoming a serious problem in Putnam County and neighboring municipalities. He spoke about newspapers being "peppered with stories of tragedies incurred as a result of underage drinking parties."
No town has escaped the dangerous and tragic aftermath of this preventable situation. Recently the Towns of Patterson, Southeast, and Carmel have voted to adopt their own tailored version of a law proposed by the Putnam County Drug and Alcohol Abuse Task Force that specifically addresses adult-enabled underage drinking.
Partnering with the "Underage Drinking Coalition" and the "Communities that Care" committee, the Putnam County Drug and Alcohol Abuse Task Force is working tirelessly to make parents and other adults aware of the serious consequences that can result from their hosting underage drinking parties in their home. "We have investigated numerous municipalities that have recently passed laws of this nature; San Diego, California being one of the more prominent ones to do so" says Mr. DiMarco, "and we have created a proposal that draws from all of these various pieces of legislation."
The "Host Liability Law" being proposed is drawn directly from the law passed by the City of San Diego and makes it a Class A Misdemeanor for anyone to "host, suffer, permit, organize, or allow a party, gathering, or event in their home where minors are consuming alcohol." According to Mr. DiMarco this is in line with the current penalty found in Section 260.20 Unlawfully dealing with a child in the first degree.
If guilty the convicted parties would be punishable by up to one year in jail or a $3,000 fine. The proposal also incorporates a section that would allow the municipality to recover from the convicted person(s) the expenses incurred by law enforcement services that are used to address the illegal activity.
In order to exclude religious and similar types of common family gatherings this proposed law would not apply to parents who provide alcohol to their own minor children. This proposal would also not apply to parents and guardians who are unaware of parties or gatherings being held in their home without their knowledge and consent. Mr. DiMarco specifically noted that this law retains the "Knowingly" component that is generally required by our justice system for conviction of criminal offenses. The adults need to be the enabling component in an underage drinking situation.
The Putnam County Drug and Alcohol Abuse Task Force are seeking through the passage of this law and other measures, "To change our culture's attitude towards underage drinking," says Mr. DiMarco. "We are adamant that this change must begin with requiring adults to be responsible for their actions and attitudes which ultimately affect the children in their care. We urge each town to address this issue with resolve, determination, and even anger. Passage of this legislation will publicly state that Putnam County residents will no longer sit idly by and watch their children in their own community become yet another statistic in this long difficult fight."
The Putnam County Sheriff, High School committees and other community organizations are expending a good deal of time and money to curb the underage drinking problem in the county. This proposed legislation takes another bite out of the teen drinking problem and provides the teeth needed for enforcement. On Wednesday, August 8, 2007 the Putnam valley Town Board will conduct a Public Hearing starting at 6:30pm at Town Hall for the express purpose of hearing arguments for and against the passage of this "Host Liability Law." Public support and participation are critical to the effectiveness and enforcement of this law if it is to have any chance of stemming a serious problem from growing any further says members of the Town Board and participating audience.
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