We’d like to see a social host ordinance that holds parents and
guardians responsible
– with stiff fines – when alcohol is served to anyone under the
age of 21 at their home
Morgan Hill officials are considering adopting a social host ordinance to address the problem of underage drinking at large parties. We applaud the intent but urge great care in crafting the ordinance.
Morgan Hill police respond to 15 to 20 large parties each year where underage drinking is occurring. These parties usually come to their attention because a neighbor complains about a loud gathering that is disturbing the peace.
When they arrive, officers typically find lots of under-21 partygoers – 50 to 80 attendees is not unusual – often spilling into the street and exhibiting unruly, obnoxious, dangerous behavior, sometimes including vandalism. Many of these partygoers leave in vehicles, and are then driving under the influence.
Sometimes these parties are held at local hotels and motels. According to police, a few local motels are responsible about preventing large drunken gatherings, but a few are not.
Three to four officers try to break up the party, cite underage drinkers, and prevent drunken driving. They are often greeted with violence from partygoers and anger from parents.
We agree that it’s a problem, but don’t think that the social host ordinance that’s currently proposed properly addresses the problem.
Laws are already on the books that ban underage drinking.
Laws are already on the books that ban vandalism.
Laws are already on the books that ban public intoxication.
Laws are already on the books that ban drunk driving.
Laws are already on the books that ban disturbing the peace.
Laws are already on the books that ban providing alcohol to anyone under the age of 21.
What we need is enforcement of existing laws. Passing a social host ordinance won’t create additional officers to enforce those laws.
We do see two missing pieces from current laws: a mechanism for penalizing parents and guardians who allow underage drinking in their homes, and a mechanism penalizing hotels and motels when they chronically allow gatherings of underage drinkers on their properties.
We’d like to see a social host ordinance that holds parents and guardians responsible – with stiff fines – when alcohol is served to anyone under the age of 21 at their home.
We think it’s important the ordinance be carefully written to ensure that landlords – who are required by law to allow their tenants private use of the property they rent – are not held responsible for the actions of their tenants. Responsibility must be placed on the shoulders of renters who are parents and guardians, not landlords.
We note that smart, responsible landlords include a clause in their lease allowing for swift eviction of any tenant who breaks the law on the rented premises – and serving alcohol to a minor and disturbing the peace are two laws that qualify tenants for eviction if broken on rented premises.
We like the idea of administrative citations – provided fair routes of appeal are available to anyone cited – for hotel and motel operators who repeatedly turn a blind eye to large, drunken gatherings on their properties.
We note that smart, responsible hotel and motel operators keep a sharp eye on anyone from the area who is under 21 and rents a hotel room.
In our rush to do something, do anything about underage drinking parties, let’s not write bad or redundant laws. Once they’re on the books, they’re difficult to remove.
Instead, let’s write a targeted ordinance that fills the gaps in the current code.
