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State Law In


What does state law say?

A violation occurs if:  1. An adult has authorized the party at the residence and is in attendance. 2.  The adult knows that an underage person possesses or is using an alcoholic beverage or controlled substance . 3. The adult fails to take reasonable action to prevent an underage person from possessing or using an alcoholic beverage or controlled substance.

According to the law, an adult is a person who may legally possess alcoholic beverages. An adult “having control of a residence” is an adult who attends or sanctions an social gathering at a residence.

Any home, apartment, condominium, country club, motel, hotel, or any other unit designed for dwelling.

What happens if an adult breaks the law?

Adults who are charged with this violation face a maximum fine of $1,000 and/or a sentence of six months imprisonment in county or city jail.  This is a Class B Misdemeanor.

Can adult do anything to rescind the violation?

The violation may be rescinded if the adult took reasonable action, defined as ejecting a person from a residence or requesting law enforcement officials to eject a person from a residence.

Can the adult be sued?

Yes.  Hosts can be sued by a someone who is who is injured by an intoxicated guest, if the host provided alcoholic beverages that caused the intoxication.

Are there liability limits to the amount of money the adult can be sued for?

They are not specified in the law.

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Are there local laws that I should be aware of?

It is possible. Check with your local municipality since there are some communities that enact additional local ordinances which can include fines and other penalties.