Public Policy and Legislative Initiatives
Putting Environmental Prevention into Action
Nearly 50 communities across Connecticut have taken action at the local level to close a loophole in Connecticut State Law, concerning possession of alcohol by minors. According to the existing Connecticut State Statute, Section 30-89,
"Any minor who possesses any alcoholic liquor on any street of highway or in
any public place or place open to the public, including any club which is open
to the public, shall be fined not less than two hundred nor more than five hundred
dollars."
Because there is the omission of any reference to private property in the language
above, it is not technically illegal for minors to be drinking within the confines
of a house or private backyard in Connecticut. Following a tragic course of events
at an unsupervised house party involving alcohol in Glastonbury back in 1998,
which resulted in the death of two teenage boys, members of a local coalition
sparked an effort to "change the law". Prompted by a local police officer's comment,
"when we go to these large house parties, our hands are tied; we can't even arrest
them since the kids are drinking on private property", coalition members began
the task of drafting a local ordinance for the Town of Glastonbury. Modeling
a similar ordinance passed by the Town of Cheshire in 1986, Glastonbury was the
first town in recent years to make it illegal for minors to possess alcohol on
private and or public property, and to also prohibit any person from hosting a party where
alcohol is consumed by minors, unless accompanied by their own parent, legal guardian
or spouse over the age of 21. In addition, following the advice of the Chief of
Police, the Glastonbury Town Council included a clause prohibiting the sale of
alcohol to minors. Enforcement officials believe that the likelihood of a judge
imparting a conviction / penalty to a store clerk or bartender for a town code
violation is greater than for a federal offense, increasing the probability of
the permitee being subject to administrative sanctions as well.
Similarly, the statute (Sec. 30-86) regarding sale or delivery of alcohol to
a minor reads:
"Any permitee or any servant or agent of a permitee who sells or delivers alcoholic
liquor to any minor, or to any intoxicated person, or to any habitual drunkard,
knowing the person to be such a habitual drunkard, shall be subject to the penalties
of section 30-113. Any person who sells, ships, delivers or gives any such liquors
to such minor, by any means, including, but not limited to the Internet or any
other on-line computer network, except on the order of a practicing physician,
shall be fined not more than one thousand five hundred dollars or imprisoned not
more than eighteen months, or both."
This statute prevents enforcement officials from taking any legal action at an underage drinking party / incident, unless the actual provider / source for the alcohol is present and can be identified.
In many cases, municipal ordinances have also incorporated a clause referring
to a "social host", prohibiting any person, youth or adult, from hosting a party
where minors are permitted to consume alcohol, thus holding the parent or teen
head of a household accountable if a party were to take place involving alcohol
and persons under the age of twenty-one who were permitted to drink, without the
presence of their own parent or guardian. Currently the homeowner or individual
responsible for the party is liable, only in cases where a death or serious injury
occurs as a result of intoxication.
Click here to view Sample Ordinance.
Click here to view Listing of Connecticut Towns / Cities that have passed a local ordinance specific
to underage drinking.
Note: To view and print this file you will need Adobe Acrobat Reader 5.0 or later
installed on your computer. Click here for a free download.
WHY PASS A LOCAL ORDINANCE?
- Existing Connecticut laws do not prohibit possession of alcohol by minors on private property, nor is there any legal restraint against merely hosting a party or gathering where alcohol is consumed by persons under the age of 21.
- The political process to pass a town ordinance puts a temporary spotlight on the issue of underage drinking in a community. Town officials, decision makers and the public at large will hear about the alarming statistics and harmful effects associated with adolescent drinking.
- It communicates and enforces a "zero tolerance" message to youth, and adults who might otherwise enable underage drinking, serving as a deterrent to house parties, including both those with or without adult supervision.
- Local police are able to take legal action, when they encounter minors in possession of alcohol on private property, rather than merely dispersing the gathering.
- The party host may face legal action even if he or she did not directly provide the alcohol available to minors.
- The threat of legal consequences (i.e. infraction / citation issued, financial penalty or fine and possible court appearance) may impact the existing attitudes and social norms associated with underage drinking. Public exposure concerning an incident related to underage drinking may also serve as a deterrent.
- Utilization of an "environmental strategy" is an integral component of a comprehensive approach to combat underage drinking.
- States with "social host" laws have demonstrated a reduction in drinking and driving and heavy drinking.
| Click here to view Q & A on Reducing House Parties |
