From the archives: Suffolk adopts social host legislation

This story was originally published in Newsday on Dec. 4, 2007

Adults who allow other people's children to drink alcoholic beverages in their homes would face fines and possible jail time under "social host" legislation the Suffolk County Legislature passed yesterday.

The proposal, nearly identical to a law already on the books in Nassau County, is aimed at preventing adults from serving alcohol to anyone under the legal drinking age of 21 and targets underage drinking on New Year's, said the bill's sponsor, Legis. Ricardo Montano (D-Central Islip).

"We want this to be in effect before the holidays, especially for the New Year's Eve celebrations," Montano said.

Suffolk County Executive Steve Levy has not decided whether he'll sign the legislation into law.

"We are evaluating the legislation and await the public hearing," said Dan Aug, Levy's spokesman.

While there are no studies of the effectiveness of social host laws, scores of communities across the country have adopted such statutes in the past three years.

The Suffolk legislation, passed 12-2 with four lawmakers abstaining, is supported by Mothers Against Drunk Drivers and The Long Island Council on Alcohol and Drug Dependence.

"I don't want somebody else to decide whether my child can consume alcohol," said Denna Cohen, president of Mothers Against Drunk Driving.

Presiding Officer William Lindsay (D-Holbrook) and Thomas Barraga (R-West Islip) voted against the legislation, saying they're concerned that the government is sticking its nose into citizens' private lives.

"I am troubled by the legislation because I feel that we're interjecting our will into a private home and I am a little disturbed by that," Lindsay said yesterday.

Majority Leader Jon Cooper (D-Lloyd Harbor) said some of the parents he spoke to feared that the proposal may have the unintended consequence of leading those under 21 to drink somewhere else, such as in a park or at a beach.

"Their concern is, if unsupervised, they'll be more likely to drive drunk," said Cooper, who abstained from the vote.

A major difference between Suffolk's legislation and Nassau's is the penalties. In Nassau, the first offense could land someone in jail.

In Suffolk, a first-time offender would face a fine of up to $250; a second-time offender would face a fine of between $250 to $500; and those who violate the law for a third time wold face a fine of up to $1,000, jail time or both.

Breaking down the plan

Suffolk's social host legislation would:

Ban people 18 and older from allowing underage drinking in their homes. The legislation applies to homeowners, renters and those who "control private residences."

Require adults who learn that underage drinking is taking place in their homes to take measures to stop it. If the underage drinkers refuse, the adults must call police or the underage drinkers' parents or guardians.

The measure would exempt:

Parents and guardians who serve alcohol to their children who are not 21.

Consumption of alcoholic beverages by underage drinkers for religious purposes.

Penalties:

First offense: violation, fine of up to $250.

Second offense: violation, fine of between $250 and $500.

Third offense: misdemeanor, fine of up to $1,000, up to a year in jail or both.

Source: Suffolk County Legislature