Prohibitions Against Hosting Underage Drinking Parties addresses laws that establish State-imposed liability against individuals (social hosts) responsible for underage drinking events on property they own, lease, or otherwise control. These laws often are closely linked to laws prohibiting furnishing alcohol to minors, although laws establishing State-imposed liability for hosting underage drinking parties may apply without regard to who furnishes the alcohol.  Hosts who allow underage drinking on their property as well as supply the alcohol consumed or possessed by the minors may be in violation of two distinct laws: furnishing alcohol to a minor and allowing underage drinking to occur on property they control.  APIS provides additional information on laws pertaining to furnishing alcohol to minors in the Furnishing Alcohol to Minors policy topic.     

The primary purpose of laws that establish State-imposed liability for hosting underage drinking parties is to deter underage drinking parties.  Although research on the topic is limited, what is available suggests that parties are high risk settings for binge drinking and associated alcohol problems. Very young drinkers are often introduced to heavy drinking behaviors at these events (National Research Council Institute of Medicine, 2003).[1] Law enforcement officials report that, in many cases, underage drinking parties occur on private property, but the adult responsible for the property is not present or cannot be shown to have furnished the alcohol. Statutes that establish State-imposed liability for social hosts address this issue by providing a legal basis for holding adults responsible for parties that occur on their property whether or not they provided the alcohol to minors.

Two general types of liability may apply to hosting underage drinking parties: State-imposed liability and private party civil liability. State-imposed liability involves a statutory prohibition that is enforced by the State, generally through criminal proceedings that can lead to sanctions such as fines or imprisonment. Private party civil liability involves an action by a private party seeking monetary damages for injuries that result from permitting underage drinking on the host's premises.  Although related, these two forms of liability are quite distinct.  For example, a social host may allow a minor to drink alcohol after which the minor causes a motor vehicle crash that injures an innocent third party.  In this situation, the social host may be prosecuted by the State under a criminal statute and face a fine or imprisonment for the criminal violation.  In a State that provides for private party civil liability, the injured third party could also sue the host for monetary damages associated with the motor vehicle crash.  State-imposed liability is established by statute.  Private party civil liability can be imposed either by statute or by a court using common law negligence principles.  This policy topic addresses State-imposed liability for hosting underage drinking parties.

[1]   National Research Council Institute of Medicine.  Reducing Underage Drinking:  A Collective Responsibility.  Washington DC:  National Academy Press, 2003.