With spring approaching so is graduation season, outdoor parties and sporting events. Drinking and teenagers is as old as the repeal of prohibition. Many families believe that it is okay if their 19 to 21 year old has an occasional beer or glass of wine if it is in their home and they are present. The question that often pops up is “what is my responsibility and liability when serving alcohol in my home for a graduation party or outdoor barbeque where minors under the age of 21 are present.” The State of Illinois considers a host of the party to be a “Social Host” or someone who supplies alcohol gratuitously or out of courtesy or politeness. Under the new laws that went into effect January 1 2013, there are new and stiffer penalties for adults that allow underage drinking in their home or on their property.
The state’s current “Social Responsibility” law allows parents to be sued for allowing minors under the age of 21 to drink on their property. The changes make it a Class A Misdemeanor for parents to host such a gathering. Fines will be at least $500. If the underage drinking results in injury or death, it becomes a Class 4 Felony.
If your party’s caterer supplies alcohol for your party and minors are served, the Illinois Liquor Control Act, commonly known as the Dram Shop Act, may apply. This is a statutory made law that changed the common law rule that has placed responsibility upon the people profiting from the sale of intoxicating beverages. The typical Dram Shop Act states that those who are in the liquor trade (bars, taverns, catering companies, etc.) can be held responsible for innocent third parties who are injured by intoxicated persons. The name Dram Shop comes from the word dram, an old unit of measurement
Many people in Illinois may be familiar with Bell v. Hutsell. The issue concerned Daniel Bell, an 18 year old man who had been drinking alcohol at the Hutsells’ house while attending a party held by the their son. Soon after leaving the party, Daniel died in an automobile accident.
The Hutsells were liable because they were aware that alcohol had been brought to the party where Daniel Bell was and that underage guests drank excessively with their knowledge. In fact, in some instances underage guests drank excessively in the Hutsells’ presence; they spoke to a number of the underage partygoers who had been drinking alcohol, and requested that, if they had been drinking at the party, they not to drive a vehicle when leaving. Daniel Bell drank alcohol in full and open view of the Hutsells. Bell later walked to his car, drove away and later crashed his car into a tree, resulting in his death.
With the alcohol laws that are in place in Illinois, it is a good idea to exercise caution when providing alcohol to any guests, and to NEVER to supply alcohol to minors. Adults who discover minors drinking on their property won’t be charged if they call the police to stop the party. The Illinois Liquor Control Commission claims that most minors who drink get the alcohol from friends or family.
