In The NewsParental Liability On Agenda Tonight
Originally printed in The Westerly Sun
Monday, July 06, 2009
Author: Emily Dupuis- Westerly's Substance Abuse Task Force is working on a "social host" liability ordinance, a first in Rhode Island.
WESTERLY - Talks are expected to continue tonight on a proposed so-called social host ordinance, which would hold adults accountable for underage drinking parties or gatherings on their property.
The Westerly Substance Abuse Task Force plans to present a "fine-tuned" social host liability ordinance - the first of its kind in Rhode Island - tonight, according to the group's coordinator, Marylou Serra.
She said the new version was crafted with assistance from the town manager and town solicitor and in response to comments made by councilors when the ordinance was unveiled in early June.
The ordinance, as proposed, notes that it is illegal for a minor to possess alcohol in Westerly and adds that it would be illegal for any individual to "conduct, aid, allow or otherwise permit a party at a residence where alcohol is being served to minors."
The ordinance defines the responsible party as the person who "owns, leases or otherwise has control of the premises where the party or social activity, gathering or event takes place." The provision specifically excludes the landlord - a concern raised earlier by councilors.
"Our intention with this ordinance is to deter parents or others from hosting underage drinking parties on private property. That is the primary goal," Serra said. "One part of the original idea when developing the ordinance was to utilize fines realized from enforcement of the law to help recover police costs. But local law enforcement and others believe it would be wiser to eliminate that clause given police are already compensated. We agreed."
The initially proposed ordinance had sought to hold property owners responsible for the costs incurred by police officers who respond to a complaint about a party or gathering on private party.
Under the new proposal, violators still face fines: $250 for a first offense, $500 for a second violation within a one-year period and $1,000 for a third within a year.
Following tonight's workshop discussion, a formal public hearing on the ordinance has been scheduled for July 13.
"We anticipate strong support that night from many in the community including young people, parents, law enforcement, health care workers as well as powerful remarks by a Westerly family that has suffered unimaginable loss as the direct result of an underage drinking party," Serra said.
Some 171 communities in 21 states have enacted similar social host ordinances, but none in Rhode Island.
In Newport, ordinances reinforce the age 21 drinking age and bar minors from loitering in and around liquor stores. In Barrington, ordinances penalize establishments that serve alcohol to minors.
State law prohibits procuring or providing alcohol to minors and holds an individual criminally liable if he or she permits the consumption of alcohol by minors "in his or her residence or on his or her property."
Tonight's workshop is scheduled for 7 at Town Hall.