Social Host Ordinances: Allowing Minors to Consume Alcohol can get you in Trouble

Reducing the frequency of underage drinking at “house parties” and promoting public safety while holding adults 21 years of age and older accountable for knowingly allowing these types of gatherings is the stated goal of what is known as a “Social Host” ordinance.

Social host ordinances at the community level are becoming increasingly popular in California, especially with local city governments. If you are a parent or guardian of minors, you need to be aware that these laws are aimed at prohibiting minors under the age of 21 from unlawful consumption and possession of alcohol in your home, or where underage partying is being allowed to take place.

The city of Laguna Beach serves as a perfect example of what these social host ordinances are attempting to control (see Laguna Beach Municipal Code Sections 8.05.010 through 8.08.050).

What is a “Social Host” Ordinance and Who Does it Apply To?

Generally, social host laws make it a criminal offense for anyone 21 years of age or older “having control of any premises” to knowingly host, permit or allow a gathering to take place at the premises where one or more minors consume alcohol, whenever the adult having control of the premises:

• Intentionally serves or allows to be served an alcoholic beverage for minor consumption; or
• Knows or reasonably should have known a minor had consumed an alcoholic beverage; and
• Thereafter fails to immediately take appropriate action to prevent further consumption of alcoholic beverages by any minor.

Contributing to the Delinquency of a Minor (California Penal Code Section 272)

In addition to being charged with a violation of the local Laguna Beach Municipal Code 8.05.050, you can also be prosecuted for the more serious crime of contributing to the delinquency of a minor pursuant to Penal Code Section 272 (PC272).

Contributing to the delinquency of a minor in California is usually charged as a misdemeanor. If you are found guilty of violating PC272(a)(1), you face:

• Up to one year in a county jail; and
• A fine of up to $2,500, and
• Up to five years of informal probation.

However, if you are charged under Penal Code 272(b)(1), the offense is what is known as a “wobbler” – meaning a crime that the District Attorney’s office may prosecute as either a misdemeanor or an infraction.

If you are convicted of a misdemeanor violation of contributing to the delinquency of a minor under PC272(b)(1), you may have to serve up to six months in jail, pay a fine of up to $1,000, or both. If you are convicted an infraction under this subdivision, you can only be required to pay a fine of up to $250.

Exemptions to Social Host Laws

Exempt from these local ordinances are situations where consumption of alcoholic beverages by a minor occurs exclusively in the presence and with the permission of the minor’s parents or legal guardians, PC272 notwithstanding (see Laguna Beach Municipal Code Section 8.05.040). Other exemptions include:

• Anyone with a California Department of Alcoholic Beverage Control (ABC) license at a location regulated by the ABC;
• An adult 21 years of age or older who is the first person to call 911 to report a minor in need of medical attention as a result of alcohol consumption, remains on the scene and cooperates with medical assistance and law enforcement personnel; and
• An adult 21 years of age or older who requests immediate assistance from the police to remove anyone who refuses to abide by the ordinance or because of a requesting person’s inability to prevent minors from consuming alcoholic beverages despite taking reasonable steps to do so prior to any other complaints about the gathering.

Penalties for Violating a Social Host Ordinance

Penalties will vary from city to city. Generally speaking, if you are deemed to be the “social host” at a gathering where unlawful underage drinking is being allowed, you can be found guilty of an infraction and be required to attend and satisfactorily complete an approved class which addresses issues associated with alcohol use and abuse by minors. If you refuse or fail to complete the class in a timely manner you are subject to a fine of up to $1000 for a first offense. A second or subsequent violation can be prosecuted as a misdemeanor, punishable by up to one year in county jail.

Can I be Held Civilly Liable for Monetary Damages for Allowing Underage Drinking?

Essentially, you cannot be sued for permitting underage drinking unless a minor is injured or dies as a result. According to California Civil Code 1714(c), a social host who provides alcoholic beverages to any person may not be held liable for damages suffered by that person or “for injury to the person or property of, or death of any third person resulting from the consumption of those beverages.”

However, Civil Code 1714(d) states “[n]othing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death.”

Contact a Laguna Beach Criminal Defense Attorney Today

If you or someone you know has been charged with violating a social host ordinance, you should speak with a Laguna Beach criminal defense attorney at Wallin & Klarich as soon as possible. You need to be aware that the police may also attempt to charge you with contributing to the delinquency of a minor under Penal Code section 272. At Wallin and Klarich, we have over 40 years of experience successfully defending our clients who have been charged with violating laws involving minors.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, the attorneys at Wallin & Klarich are available 24/7 to ensure that all of your constitutional rights are protected. We may be able to get your charges reduced or dismissed altogether. We will do everything we can to help you avoid going to jail and we will get you the best possible result in your case.

Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.