Know your Legal Rights / Can I serve alcohol at my daughter’s Sweet-16 party?

by Barry E Krischer

The short answer is No, if you are considering serving your daughter’s minor friends alcohol. By way of background, in 1984, the National Minimum Drinking Age Act set the minimum drinking age at 21. In a further effort to combat underage drinking, the various states have enacted laws that imposes liability (criminal and civil) to adults who allow minors to drink alcohol at social gatherings. Florida has such a statute.

Florida Open House Parties statute enacted in 2012 provides, “A person having control of any residence may not allow an open house party to take place at the residence if any alcoholic beverage or drug is possessed or consumed at the residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at the residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.” A first violation is a punishable by a fine of $500. and/or 6 months in county jail.

While a violation of this law may result in relatively minimal criminal penalties to the host, Florida law does allow the host to be sued by anyone injured as a result of the minor’s intoxication. In addition, the law also imposes responsibility for injuries caused by allowing an intoxicated guest (adult or minor) to drive away in one’s car after consuming alcohol.

The Florida Supreme Court in reviewing the statute ruled that the State had the burden of proving that an adult in control of the premises knowingly allowed a party to take place there, that possession or consumption of alcohol or drugs by one or more minors occurred during the party, that the adult had actual knowledge of such possession or consumption, and that the adult allowed the party to continue and failed to take any reasonable steps to prevent the consumption or possession after learning thereof. Further, the statute creates a civil cause of action in negligence. Thus, the adult may avoid liability by terminating the party or taking some other reasonable action to prevent the consumption or possession of alcohol after learning about it.

If you are planning a party to be attended by under age children, minors, in your home it is imperative that you ensure there are non-alcoholic beverages. If you think a guest is sneaking a beer you may not turn a blind eye. If you see or suspect that underage guests are drinking or using drugs you must do everything possible to end it immediately. Given the criminal and civil liability at play you need to confiscate the alcohol or drugs in any underage person’s possession. If the minor is resistant or obstreperous it may be necessary to contact the parent or other responsible adult. Keep in mind the language of the statute, “[Where] the [host] knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at the residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.” More importantly, if you knowingly permit a minor to consume alcohol or drugs at an “open house party,” the law provides that you are liable for any injury the minor “causes or contributes to causing” to him/herself or to others.

Problems accelerate if the police are called by a neighbor. If officers respond to a “loud party” and observe a fight inside a residence, Supreme Court case law provides sufficient exigent circumstances to authorize the police to enter. Once inside, any contraband observed in plain view would be admissible against the host and party goers.

In answer to the opening question, Florida statute defines an “open house party” as any “social gathering.” Thus, any “social gathering” (party) at your house that includes people under the age of 21 can subject you to liability if anyone consumes alcohol or takes drugs. So, think twice about making or allowing your child to have a “party” if you are not going to be present.

[livemarket market_name="KONK Life LiveMarket" limit=3 category=“” show_signup=0 show_more=0]