Those who provide alcohol to under-21 persons would pay for
police and medical services
Morgan Hill – After a spate of incidents involving teenagers and alcohol, some in the community have called for a “social host” ordinance similar to the one passed in 2003 in San Diego.
Morgan Hill already has a municipal ordinance, however, which addresses social gatherings and underage drinking.
The ordinance states that if 10 or more people under the age of 21 are gathered in a private residence, alcohol may not be served to those under 21. That means the law currently allows adults to provide alcohol to a crowd of less than 10 underage people gathered in a private residence.
Morgan Hill police Sgt. David Swing said that while a family may, for example, serve alcohol to an underage child in their home during a family celebration, it is important to note that when other children are involved, or if the child leaves the home under the influence, there could be penalties.
“There could be civil penalties, of course, if someone else is involved, if there is an accident, for example, and someone is hurt,” he said. “And, it is illegal to purchase alcohol for someone under 21 in a public place, such as a restaurant or a public festival, like the Taste of Morgan Hill.”
Dina Campeau, chairperson of the South County Collaborative, a consortium of area nonprofit groups and public agencies, said her group would like to see the city’s ordinance strengthened.
“How many times at graduation have we known really stalwart parents on every other issue but this one to say, ‘It’s graduation, they’re drinking, but they’re here, at least I can keep an eye on them;’ I heard that twice this summer,” Campeau said. “Research shows that a kid who starts drinking before age 21 is four times as likely to become an alcoholic. Here’s why we got this started: over and over and over again, many of the problems kids are dealing with involve substance abuse, and they start with alcohol first.”
Members of the collaborative will be meeting with the Public Safety Committee on Oct. 18 to strengthen the current ordinance.
“What we’re recommending will have more teeth than the current one,” said Lori Escobar, director of the El Toro Youth Center. “This is not a punitive one, it is not intended to be punitive. The intent is to protect the general welfare of our children … We’re trying to get people to be more responsible for youth. All of these tragedies that happen year after year involving kids and alcohol, they’re just so senseless. Maybe if we hit people where it hurts, in the pocketbook, they’ll think twice before allowing kids to drink. Maybe they will be more serious and more mature when it comes to making decisions about youths and alcohol.”
According to the California Department of Alcoholic Beverage Control Web site, the
concerns shared by Escobar, Campeau and their collaborative organization are not to be taken lightly.
“In California, underage drinking is a significant public safety concern. In 2004, nearly half of the 1,400 Californians killed in alcohol-related crashes were under the age of 21. In some communities, such as in Fresno County, children are taking their first drink at the age of nine years old. ABC recognizes that without dedicating extensive resources to this problem, young lives will continue to be lost and communities will remain vulnerable to the effects of this problem.”
The problem spans all socio-economic and ethnic groups, Campeau said.
“It happens to athletes, cheerleaders, too; you’re not home-free and clear if your kids are active in school,” she said.
Escobar agreed.
“The popular misconception is that, ‘Oh, my kid’s not in a gang,’ or ‘We don’t live in a poor neighborhood,’ but that makes no difference; it can happen to any kid, we have to be vigilant with all kids, our concern is for all kids,” she said.
Campeau said the group researched various ordinances enacted in the past few years in San Diego and Ventura counties.
The model they selected was an ordinance in Ventura that makes the homeowner or property owner responsible for paying any city costs involved in their party. For example, if police are called, the property owner must pay for the cost of the police response; if medical services are needed, the cost of the paramedic and fire response or ambulance response must be paid by the property owner.
Once the group meets with the Public Safety Committee – which is made up of Morgan Hill Police Chief Bruce Cumming and City Councilmembers Larry Carr and Steve Tate – the
committee can make a recommendation to the full City Council if it chooses, city staff could be directed to conduct more research, the council could put it on the agenda for consideration, according to City Clerk Irma Torres. If the
committee chooses not to make a recommendation, the group could gather signatures on a petition to present to the council.
Marilyn Dubil covers education and law enforcement for The Times. Reach her at (408) 779-4106 ext. 202 or at md****@mo*************.com.
