Who is liable for underage drinking?

April 17, 2008 11:57 am

— Who is liable for underage drinking?
Prom season is near and is filled with the typical questions: what dress to wear, what to drive and where to buy flowers.
For many teenagers, other questions also are considered: what party to attend, and unfortunately, where to buy or consume
alcohol.
“Providing alcohol to those under age 21 is illegal in Kentucky,” Knox County Attorney Charley Greene Dixon, Jr. said.
“There are both criminal and civil ramifications for doing so.”
FOR PROPERTY OWNERS
For those planning a party at their homes, a look at Kentucky law may prove to be helpful. In Kentucky, property owners
can be held liable even if they do not know teenagers are drinking on their property. They could be charged with unlawful transaction with a minor in the third degree (KRS 530.070), which carries a penalty of class A misdemeanor: a $500 fine and/or one year in jail.
This happens quite often when parents throw parties for their teenage children in celebration of sports victories, graduation, prom or other milestones. Some parents knowingly provide alcohol to minors; others may be a little more naļve.
“What many people don't know is that the parents can be charged with a criminal offense if they knew or even should have known about alcohol consumption that occurred on their property,”
Dixon said. “In other words, the parents do not even have to play an active role in providing the alcohol. If the alcohol is available on their property and they at least should have known about it, then the parents are liable.”
Criminal penalties for these offenses include fines of up to $250 and jail time up to 90 days for a first offense. Subsequent offenses increase the fines up to $500 and jail time up to one year.
If someone is injured as a result of minors drinking on the property, parents are subject to severe civil penalties in addition to the criminal offense, Dixon said.
FOR BUSINESSES
Some teenagers may attempt to purchase alcohol at a liquor store, restaurant or bar on prom night. Dixon warns business owners to refrain from serving alcohol to minors.
“Those that knowingly sell alcohol to minors can be charged with a violation of KRS 244.080, which carries a fine of $250 for the first offense.
Second or subsequent offenses would be class A misdemeanors, which carry $500 fines,” Dixon said. “This would be in addition to the revocation of the business's liquor license.”
In addition, Kentucky law stipulates that a business owner can be held liable for injuries and damage caused by an intoxicated patron if a reasonable person could determine the patron, regardless of age, was already intoxicated at the time of serving. This applies to actions taken by the patron after leaving the establishment, such as driving drunk.
FOR MINORS ATTEMPTING TO PURCHASE ALCOHOL
Kentucky law also prohibits minors from using fake identifications to purchase alcohol. The use of a fake ID to purchase alcohol is a violation for the first offense, punishable by a fine of $250. Any subsequent offense is a Class A misdemeanor
(punishable by imprisonment of up to one year and a fine of up to $500). In addition, it is illegal to have another person purchase alcohol for a minor, which is considered a violation and punishable by a $250 fine.
If an adult purchases, sells or gives alcohol to a minor, it is a Class A misdemeanor.
Dixon said Kentucky's laws regarding alcohol sales to minors are intended to save lives.
“Imagine if someone gave your child alcohol, and he or she got drunk, and then got injured or even killed,” Dixon said.
“This law was not created just to keep kids from drinking. It was created also to save lives and heartache.”
County Attorney Charley Greene Dixon