UNDERAGE DRINKING & HOME PARTIES IMPLEMENTING SOCIAL HOST ORDINANCES IN VENTURA COUNTY

Ventura County Sheriff s Office Sheriff Geoff Dean

Dan Hicks, Prevention Services

Social Host Laws: Model Policy Implementation and Enforcement Ventura County Behavioral Health Dept. Dan Hicks, Manager ADP - Prevention Services BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS - VENTURA COUNTY BEHAVIORAL HEALTH

SOME MISCONCEPTIONS That National and State trends were a major factor in moving along the local policy agenda; That Social Host law adoption process was essentially top-down as opposed to grassroots or bottom-up That our focus was on drinking behavior itself, and direct harms to youthful binge drinkers (e.g., alcohol poisoning) That we would hold kids accountable for problems; That our slick ad agency materials really did the trick BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

THE REALITY IS Local research moved the agenda, with the two smallest communities in our county adopting laws first There was extensive community coalition work, with technical assistance to first work BOTTOM-UP Based on a survey of public opinion to gauge support for policy options, we focused on secondhand effects We meant to hold ADULTS and YOUTH accountable for circumstances and conditions that lead to tragedy Materials are professional, but two-page xerox sheet and authentic, prepared spokespeople made the difference BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

PROJECT PHASES (hybrid CMCA and IPS Model) 1. Needs and Resource Assessment Use local data and experience to describe the nature and extent of these problems: Place of Last Drink Survey, RDD Telephone Survey, LE Statistics, Youth Focus groups, HS student surveys 2. Policy Implementation and Enforcement Use community collaborations and partnership to ensure that new policies are tailored and adopted, USED (2005 present) and well-publicized BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

PROJECT RESULTS New policies adopted and enforced, by local priority - Home parties with underage drinking - Retail alcohol sales and service practices - Special events and community festivals Civil Social Host Laws in ALL jurisdictions! (focus today) - Fines ranging from $500 to $2,500 first offense - New realities for adults, cops and kids LOCAL data, LOCAL partnerships, with LOCAL laws and enforcement, to change LOCAL NORMS using Federal/State money over a four year period BROUGHT TO YOU BY THE ALCOHOL AND DRUG PRORGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

NATURE AND EXTENT OF PROBLEM Binge drinking among Ventura County youth starts early. High school binge drinking self-report: 14% of 9th graders and 27% of 11th graders report heavy drinking episodes.* Young people also report impaired driving and riding with drunken drivers. 43% of 7th graders, 24% of 9th graders and 34% of 12th graders have driven when drinking alcohol or ridden in a car driven by a friend who had been drinking.* *These rates significantly higher (by 5% 8%) than statewide rates. BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

NATURE AND EXTENT OF PROBLEM Among survey respondents who consume alcohol, 42.0% of those 25 years of age and younger report binge drinking in the last thirty days, compared to 14.5% of those 26 years of age and older. Young adults in Ventura County engage in heavy drinking at almost three times the rate of older adults. Source: SSRC, RDD Telephone Survey VC BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

BROUGHT TO YOU BY THE ALCOHOL AND DRUG PRORGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

LOCAL RESEARCH RESIDENCE V. RETAIL Place of Last Drink- Private Residence 40% reported 10+ people in attendance 53% reported underage people drinking SOURCE: 18 25 YEAR OLD VENTURA COUNTY COMMUNITY COLLEGE DISTRICT - POLD PARTICIPANTS BROUGHT TO YOU BY THE ALCOHOL AND DRUG PRORGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

NATURE AND EXTENT OF PROBLEM Private homes are the settings most frequently identified as the place of last drink among young DUI offenders in Ventura County. The younger the offender, the more likely it is there place of last drink was a private home. 78.3% of 18 year olds and 72.9% of 19 year olds who were arrested and convicted of DUI were drinking at a private residence or home party. BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

NATURE AND EXTENT OF PROBLEM Almost two-thirds of young people were binge drinking prior to DUI About 20% report consuming 11 drinks or more prior to arrest More than 25% w/ Blood Alcohol Concentration of twice legal limit or more BROUGHT TO YOU BY THE ALCOHOL AND DRUG PRORGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

NATURE AND EXTENT OF PROBLEM Home parties consistently appear as settings of high risk to youth. 28.6% of adults aged 25 and younger have engaged in binge drinking in their own home, and 45.2% report having binged in someone else s home. Anecdotally, reports of large, unruly parties in residential areas, with significant effects on neighborhoods Disturbances, arguments, fights and stabbings Property damage, vandalism, and sexual assaults BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

POLICY OBJECTIVE: HOST LIABILITY LAWS In Ventura County, what is Social Host Liability? Social Host liability refers to laws that hold non commercial individuals responsible for underage drinking events (loud and unruly gatherings) on property they own, lease or otherwise control. BROUGHT TO YOU BY THE ALCOHOL AND DRUG PRORGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

STATE SOCIAL HOST LAWS House Party Laws Address parties attended by underage persons on private property General Laws Broader in scope than house party statutes, but still apply to underage drinking party contexts Civil Liability Laws Holds social hosts responsible for injuries to third parties caused by guests that hosts allowed to consume alcohol BROUGHT TO YOU BY THE ALCOHOL AND DRUG PRORGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

POLICY TOOL MODEL ORDINANCE BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

SELLING THE IDEA OF HOST ACCOUNTABILITY BROUGHT TO YOU BY THE ALCOHOL AND DRUG PREVENTION DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

POLICY OBJECTIVE: HOST LIABILITY LAWS WORKING WITH LOCAL COALITIONS WE KNEW WHAT WE WANTED: Local laws to hold party hosts liable Enforceable civil/nuisance penalties Strong enforcement, all jurisdictions Enter Gary Pentis and Geoff Dean BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

POLICY ADOPTION- HOST ACCOUNTABILITY We knew the problem, how do we sell SHO solution? We formed a partnership to help persuade diverse groups to support Social Host enforcement. Needed to convince: *Elected officials *Cops *Parents and The Community BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

Jacqui Irwin, Councilmember and former Mayor City of Thousand Oaks

POLICY ADOPTION - HOST ACCOUNTABILITY BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

POLICY ADOPTION - HOST ACCOUNTABILITY TORCH BEARERS Developed talking points with County, Sheriff/Police, Parents and Youth (as advocates) using LOCAL data: Disturbances, Fights, DUI, Sexual assaults Repeated response to parties with no resolution We needed to match policy to local (City) realities: Use local community examples and support Bottom line: Save lives, protect youth well-being BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

THE THOUSAND OAKS EXPERIENCE COUNCIL ON BOARD LOCAL ORDINANCE Taking issue of underage drinking to a policy level posed some challenges prevailing attitude of parent issue My work with youth, experience as a parent My understanding of this community, and harms A review of by Sheriff s Office showed horrible stat from Major Crimes Unit: 70% of sexual assaults on young women and teens came out of home party settings. BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

THE THOUSAND OAKS EXPERIENCE Criminal versus Civil Liability Criminal host laws in 20+ states, including so-called adults permitting and Open House Party laws There are also State Civil liability laws, holding social hosts responsible for injuries to third parties, either by statutes or common law negligence principles Our Approach: LOCAL, CIVIL, FINE, COST RECOVERY Administrative Citation issued by Local Law Enforcement BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

THE THOUSAND OAKS EXPERIENCE BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

THE THOUSAND OAKS EXPERIENCE Cities That Have Enacted SHO BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

THE THOUSAND OAKS EXPERIENCE TWO CITIES HAD ALREADY ADOPTED, BUT Ojai and Fillmore are the smallest cities, and surrounded by County unincorporated area Thousand Oaks much larger, Borders other cities with different policies Community stakeholders include HOAs First major city to take on the issue of Host Liability BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

POLICY GOAL HOME PARTIES Ojai Fillmore Ventura County BROUGHT TO YOU BY THE ALCOHOL AND DRUG PREVENTION DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

POLICY GOAL HOME PARTIES Ojai Unincorporated Area Fillmore Ventura County BROUGHT TO YOU BY THE ALCOHOL AND DRUG PREVENTION DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

POLICY GOAL HOME PARTIES Ojai Unincorporated Area Fillmore Ventura County Thousand Oaks BROUGHT TO YOU BY THE ALCOHOL AND DRUG PREVENTION DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

THE THOUSAND OAKS EXPERIENCE Fee Schedule: (Per Year, set by Master Fee Resolution) First Offense: $2,500 or 120 Hours Community Service Second Response within 24 Hours: Same as First Second Offense (after 24 hours): $3,500 or 160 Hours Third and Subsequent Offenses: $5,000 or 200 Hours BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

THE THOUSAND OAKS EXPERIENCE CITY OF THOUSAND OAKS Affluent community, but with a wide range of homes, from modest apartments to multi-million dollar mansions Review of loud and disturbing parties showed patterns A small number of locations were repeatedly visited Local Youth were clear: too many drink to get drunk Alcohol not a sidelight to socializing, but the FOCUS Tools in the police toolbox were limited: time, resources make a criminal case? Contributing to delinquency? BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

THE THOUSAND OAKS EXPERIENCE Alcoholic Energy Drinks Associated with an upswing in alcohol overdoses, sexual assaults, impaired driving incidents. This ordinance established the coalition needed to ease of passing of future ordinances Established December 17, 2009 BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

THE THOUSAND OAKS EXPERIENCE Summary A Partnership Between Agencies was Instrumental City Council Law Enforcement Behavioral Health Buy-In from Department Heads Support from Community BROUGHT TO YOU BY THE ALCOHOL AND DRUG PROGRAMS DIVISION OF VENTURA COUNTY BEHAVIORAL HEALTH

Break

Kristen Donovan, PhD President of EVALCORP

Ventura County Sheriff s Office Captain James Fryhoff

Ventura Implementation County Sheriff s Office

Elements (a) Any unruly gathering shall constitute a public nuisance, as an immediate threat to public health and safety. (b) As a public nuisance, the unruly gathering may be summarily abated by Police by all reasonable means, singularly or in combination, including, but not limited to: (1) An order requiring the gathering to be disbanded; (2) Issuance of a civil citation under this ordinance; (3) Issuance of a citation and/or arrest of any law violators under any other applicable ordinances and/or statutes.

What s an Unruly Gathering? Four or more Underage Persons At a Residence or Other Private Party Alcohol is Consumed or Possessed Unruly Conduct Occurs

What s Unruly Conduct? Excessive Noise Excessive Traffic Blocking Public Streets (Crowds or Vehicles) Public Drinking/Drunkenness 415PC/242PC/273.5PC Vandalism Litter Any Other Conduct threatening Health, Safety or Peace.

Patrol Procedure

Patrol Procedure Identify four or more underage drinkers Notify the Field Supervisor Find symptomology of alcohol impairment Odor on breath is sufficient, PAS is better Identify the party giver, or property owner Cite and give Informational Letter Document on an Incident Report

Administrative Procedure Review by Administrative Captain 3 Copies of report made: Police Department City Finance City Attorney Redact to exclude names of Juveniles on city copies Including party giver

Administrative Procedure Cited person has 35 days to: Pay a fine of $2,500 Parents are liable if under 18 Set up Community Service (currently 120 hours) If unwilling/unable to pay: City places lien on property (Gov t Code 38773.1)

Additional Responses If within 24 hours of initial cite, fee remains at $2,500/120 hours Community Service. Second Response in a Year: $3,500/160 hours. Third and Subsequent Responses: $5,000/200 hours Per Master Fee Resolution

Billboard Campaign

Questions?

Patrick Zarate Division Manager, Alcohol & Drug Programs

PARENT OUTREACH: STRAIGHT UP

NEW POLICY, PUBLIC EDUCATION THEN ACTION

ENFORCEMENT BEGINS THE WORD GETS OUT

PRINT MEDIA SOCIAL HOST

ONLINE MEDIA SOCIAL HOST

LOCALIZED MESSAGING

MEDIA CAMPAIGNS Social Host Laws: Your Home Your Fine Campaign Is there underage drinking in YOUR house?

MEDIA CAMPAIGNS Social Host Laws: Billboard Campaign - Know the Law Our Social Host Ordinance Billboard Campaign is targeted to youth, parents and the community to educate the public about the Social Host Ordinances throughout Ventura County. These ads include phone numbers to report a loud party involving underage drinking. The billboard launched in May 2011 on Highway 33 in Ojai.

ALCOHOLIC ENERGY DRINKS: EDUCATION CAMPAIGN

RESEARCH & EVALUATION Social Host Ordinance Impact Evaluation: Phase II Findings - 2013 Issue Briefing

Youth & Alcohol. The Local Story 12% of 7th graders currently use alcohol, of those, 44% binge drink 34% of 7th graders say it is fairly or very easy to get alcohol 23% of 9th graders currently use alcohol, of those, 52% binge drink 33% of 11th graders currently use alcohol, of those, 63% binge drink California Healthy Kids Survey - Ventura County 2011-2012

EXPANDED, ENGAGING WEBSITE

VenturaCountyLimits.org

Sustaining our Efforts VCkidsFYI: Text News for Parents Free text message updates about: TEENS DRUGS ALCOHOL Get the facts. Keep kids safe.

Messaging to Parents Talk to your Child about Alcohol Research shows that parents are the number 1 reason youth decide not to drink. Start talking to your child about alcohol before they start drinking, as early as 9 years old. About 10 percent of 12-year-olds say they have tried alcohol; by age 15 it's 50 percent. The sooner you talk to your child about alcohol, the better chance you have to make a difference. Many teens listen to their parents' advice about drinking. 80 percent said their parents were the main influence on their decision about drinking alcohol.

SUSTAINING THE EFFORT Social Host laws have been enforced hundreds of times across the county We want meaningful consequences to be known as the rule, not the exception. It is important to note that the success of the Social Host Ordinance is connected to the fact that it is embraced by every jurisdiction in Ventura County.