Kansas State of the
State on Social
Hosting and Youth
Access to Alcohol
A review of the
law, how it has
been enforced
and why
addressing
youth access is
important
2012
BACKGROUND
A growing number of states have instituted “social host” laws, which are
designed to cut down on underage drinking. As of January 2012, 28 states
have adopted such laws, an increase of 10 states since 2005. These
laws impose criminal or civil penalties on hosts who permit underage drinking
on their property. Law enforcement officials across the nation say many teenagers find access to alcohol at house parties. Studies have shown that these parties
are often where teens first start binge drinking. The social host laws allow police
to arrest the host, without establishing who supplied the alcohol.
In the fall of 2011, the Kansas Leadership to Keep Children Alcohol Free Statewide Committee began reviewing social host arrest data. The initial Kansas
social host law was enacted in 2004 and since that time the law has had three
additional language revisions, one in 2007, 2010 and 2011.
The committee was interested in answering some of the following questions:
• Have social host arrests increased since the law
was enacted?
• If there were increases, in what counties were
they taking place?
• Were there common external factors that contributed to more versus fewer social host arrests?
• Was there a relationship between the number
of social host arrests and a reduction in 30-day
youth alcohol use?
• Was there anything else to learn by looking at
the social host arrest data in various ways?
Kansas Leadership to Keep Children Alcohol Free is a statewide committee
coordinated by the Kansas Family Partnership that is committed to making
the reduction of alcohol use by youth a priority throughout the state of
Kansas. Its goals are to educate, energize and focus attention on the issue
of underage drinking.
WHY SHOULD WE CARE ABOUT UNDERAGE DRINKING?
Underage drinking impacts our youth in a variety of ways that should increase our
level of concern and dedication to reducing it. Alcohol is a factor in 50-65% of
all suicides among youth. Nationally, motor vehicle fatalities are the number one
killer of teenagers and young adults. More than 35% of such fatalities involving persons ages 15-20 are alcohol-related. Over the past five years 196 people
have been killed and 3,405 injured in alcohol-related crashes involving teen drivers in
Kansas.
Alcohol is easy to get according to the 2012 Kansas Communities that Care Survey.
Over 28% of 10th graders and 40% of 12th graders say alcohol is very easy
to get. Over 16% of 8th graders, 33% of 10th graders and 45% of 12th graders report they have drunk alcohol at least once in the last 30 days. Binge
drinking by youth, that is having more than five drinks at one setting in the last two
weeks, ranges from 2.1% of 6th graders to 27% of 12th graders. While there has been
a decline in these percentages over several years, in 2012 there was an uptick in both
30-day use and binge drinking for 10th graders.
WHY SHOULD WE CARE ABOUT UNDERAGE DRINKING?
$670 million
It is estimated that underage drinking cost the
citizens of Kansas $670 million in 2010. These costs
include medical care, work loss, and pain and suffering
associated with the multiple problems resulting from the use of alcohol by youth.1 Violence
by youth (homicide, suicide, aggravated assault) and traffic crashes from underage alcohol
use represent the largest cost for the state. Additional issues involve teen mothers, with the
cost of fetal alcohol syndrome (FAS) costing Kansas $12 million alone.
Underage drinking also contributes to treatment costs. Young people who begin drinking before the age of 15 are four times more likely to develop alcohol dependence and are two and a half times more likely to become abusers of alcohol
than those who begin drinking at age 21.2 In 2011, 9.4% of all treatment admissions for
alcohol abuse in the state were youth ages 12-20 years old.3
WHAT IS THE SOCIAL HOST LAW?
Understanding of the social host law is best
accomplished by knowing the exact language of the statute. Statute 21-5608 reads as
follows:
(a) Unlawfully hosting minors consuming
alcoholic liquor or cereal malt beverage is
recklessly permitting a person’s residence
or any land, building, structure or room
owned, occupied or procured by such person
to be used by an invitee of such person or an
invitee of such person’s child or ward, in a
manner that results in the unlawful possession or consumption therein of alcoholic
liquor or cereal malt beverages by a minor.
(b) Unlawfully hosting minors consuming
alcoholic liquor or cereal malt beverage is a
class A person misdemeanor, for which the
minimum fine is $1,000. If the court sentences the offender to perform community
or public service work as a condition of probation, as described in subsection (b)(10) of
K.S.A. 2011 Supp. 21-6607, and amendments
thereto, the court shall consider ordering
the offender to serve the community or public service at an alcohol treatment facility.
(c) As used in this section, terms mean the
same as in K.S.A. 41-102 and amendments
thereto.*
(d) The provisions of this section shall not
be deemed to create any civil liability for
any lodging establishment, as defined in
K.S.A. 36-501, and amendments thereto.
* This statute defines alcoholic liquor, cereal
malt beverage and a minor.
ENFORCEMENT
Enforcement of the social hosting law is
provided either by local law enforcement or
Alcoholic Beverage Control. Enforcement
may take the form of an arrest or a citation.
An arrest is typically when an officer takes
physical custody of a person for a violation.
The person is not free to leave the premises.
The person is then transported to a county
facility to be “booked” for the violation. The
person may bond out at booking. This procedure may be used when there is some question as to the identity of a person in custody
or if the person is somehow impaired and it
would be unsafe to release them. Combatant
persons are also candidates for arrest.
A citation is a “Notice to Appear” before
a court to answer to the charge alleged.
A person may receive a citation and be
released from temporary custody from the
police. Juveniles are released to a parent
or guardian or when they are not available
they will be turned over to Juvenile Intake.
In some jurisdictions, courts and or police
agencies will require the physical “booking
in” of persons if they reside from outside of
the local jurisdiction. That then requires a
LOCAL LAW ENFORCEMENT
Enforcement of social host law violations within a city or county are addressed by the local law enforcement
agencies. How these are handled and
the extent to which violations are addressed may vary by jurisdiction.
person to set a bond to return on a specific
date to appear before the court. Enforcement
is provided either by local law enforcement
or Alcoholic Beverage Control.
ALCOHOLIC BEVERAGE CONTROL’S (ABC’s) ROLE
ABC’s role with local law enforcement, the industry and the community at large is to be a subject matter resource. Agents regularly interact with local law enforcement to respond to complaints of violations of the liquor control act in their respective communities. ABC has a
protocol for investigations that they will utilize to verify information received from law enforcement. ABC agents may initiate an investigation for both administrative violations as well as possible criminal activity. ABC works together with local law enforcement to share both
information and investigative tactics. In some cases both local law enforcement and the ABC agent work side by side when responding to
reports of social hosting. In some jurisdictions a formal memorandum of agreement or understanding exists to form a task force specifically focused on social hosting and related liquor control issues.
Produced by Kansas Leadership to Keep Children Alcohol Free, a committee of Kansas Family Partnership
2
DATA
the committee used existing arrest data available to give a snapshot
of where the social host law has been enforced since it was enacted
and to provide a basis for obtaining additional information. This
information does not include social host citations. This data may be
obtained through local law enforcement agencies for more precise
information on enforcement of the social hosting law.
Social host arrest data was obtained from the Kansas Bureau of
Investigation for the years 2004-2011. Because of differences in how
some counties and cities report, there are some limitations in comparing the data by county (some counties issue citations which are
not included in this data). Based on these differences, the data below
may not completely reflect the total number of arrests/citations that
have occurred in a particular jurisdiction. For purposes of review,
SOCIAL HOST ARRESTS (By number of arrests and by county, for each year)
YEAR
2004
2005
2006
2007
2008
2009
2010
2011
154
142
Arrests
121
102
79
20
11
3
By county
28
20
8
7
2
HOST ARRESTS, 2004-11 (By county)
33
31
27
TOP 14 COUNTIES (Listed below)
NO ARRESTS
A total of 59 counties had social host
arrests from 2004-2011. They include:
Allen, Bourbon, Brown, Butler, Cherokee,
Clay, Cloud, Cowley, Doniphan, Douglas,
Ellis, Finney, Ford, Franklin, Greeley,
Harvey, Jackson, Jefferson, Johnson,
Kingman, Labette, Leavenworth, Linn,
Logan, Marion, Marshall, McPherson,
Miami, Mitchell, Montgomery, Morris,
Nemaha, Neosho, Norton, Osage, Pawnee,
Phillips, Pottawatomie, Pratt, Rawlins,
Reno, Rice, Riley, Rooks, Rush, Russell,
Saline, Sedgwick, Seward, Shawnee,
Sheridan, Sherman, Sumner, Thomas,
Trego, Wabaunsee, Wichita, Wilson, and
Wyandotte Counties.
TOP FOURTEEN COUNTIES FOR SOCIAL HOST ARRESTS (By year)
County
Butler
2004
2
2005
1
2006
3
Reno
Ellis
2
Johnson
1
McPherson
4
1
Cowley
3
2007
2008
2009
5
38
25
9
21
5
11
20
16
2
2011
Total
8
14
96
7
21
63
10
9
6
62
2
4
12
9
44
3
3
10
20
39
9
9
6
9
38
2
3
3
27
2
18
25
9
9
4
23
1
3
9
7
20
4
3
5
4
18
5
9
15
2
Ford
7
3
9
Sedgwick
1
2
2
Finney
1
Allen
Saline
1
1
1
Thomas
Riley
1
Harvey
Total
3
9
18
2010
1
5
2
6
4
4
1
1
2
13
58
115
76
92
126
497
14
Produced by Kansas Leadership to Keep Children Alcohol Free, a committee of Kansas Family Partnership
3
REVIEWING THE DATA
A review of
county data indicates:
Law Enforcement
Input
• 78.6% of all social host arrests
since 2004 have occurred in the 14
counties listed above.
• 59 Kansas counties had social
host arrests (56.1%) while 46
counties had no social host arrests
(43.9%).
• 20% of Kansas counties only
had one social host arrest from
2004-2011.
• The greatest percentage increase
in social host arrests occurred between the years 2006-2007 and 20072008. During these years, language
in the law changed and a statewide
campaign to educate communities
about social hosting occurred.
• Seven out of the top 10 counties
with the most social host arrests
have 30-day alcohol use rates below
the state average of 24%.
• Total arrests from counties with
SPF-SIG (Strategic Prevention
Framework - State Incentive Grant)
coalitions represented nearly 25%
of all of the social host arrests in
the state.
An additional survey was emailed
to 1,500 law enforcement contacts
through the Kansas Traffic Safety
Resource Office. This survey was
designed to get input from law
enforcement agencies on local
procedures, policies, enforcement, strategies and needs related
to enforcing the social host law.
Forty-five responses were received
from police departments.
Additional
information:
To obtain information from coalitions regarding the issue of social
hosting, a survey was emailed to
all SPF-SIG coalitions. Nine responses were received representing
eight of the 14 coalitions from eight
counties (Barton, Dickinson (2 responses), Finney, Geary, Kingman,
Nemaha, Shawnee, and Woodson).
Coalitions were asked about their
partnerships with law enforcement, amount of funding dedicated
to social hosting, and needs.
Responses included:
• Seven of the eight coalitions
focused on social hosting and all
seven partnered with law enforcement.
• Amount spent on social hosting
ranged from $1,000 to $450,000 for
the grant
period (4 years).
Additional strategies or resources that were identified as
needed included:
• 89% responded that increased
community involvement was
needed;
• 56% responded that additional
law enforcement funding was
needed;
• 56% responded that additional
legislation was needed.
Responses included:
• Operational steps to enforce the
social hosting law have included
underage drinking checks and
increased patrolling;
• 30 out of 45 agencies reported
that they did not have any additional policies or procedures to
address social hosting beyond the
state law;
• 16 of 45 respondents (35%)
reported they had issued violations
against social hosting;
• Four of 45 respondents indicated that they work with community
coalitions on social hosting issues
(three were SPF-SIG coalitions);
• Reactions by violators of the
social hosting laws included claims
that they were unaware of what
was going on, that youth showed up
drunk at parties; confusion about
social hosting versus furnishing
alcohol to minors, or confusion
about why the law was suddenly being enforced when it had not been
in the past;
Needed additional strategies
or resources that were identified included:
• 76%: More community education
• 62%: Increase in enforcement
funding
• 14%: New or revised social hosting law
• 12%: More support from superiors
Other comments included:
• All law enforcement agencies
need to enforce the law. Kids know
who will and will not enforce it.
• Laws need to incorporate stronger
sentencing guidelines and penalties.
• Parental education and instruction on how to recognize their
children’s behaviors and actions is
needed.
• Create a pass-through funding mechanism similar to STEP
program.
Why Are the Social
Host Arrest Numbers
so Low?
The Kansas Leadership to Keep
Children Alcohol Free Committee
recognizes that arrest data alone
does not complete the picture of
what is going on in different counties related to social hosting. Some
counties may issue citations, but
not actually arrest anyone. Arrests
may not be prosecuted or those
arrested and prosecuted may not be
found guilty. Each jurisdiction may
address social hosting in a different way. The data included in this
document is meant to be a snapshot
of what is happening in counties
around this issue.
Using the Data
The Committee encourages coalitions and others to review the data
and consider asking additional
questions based on the arrest data
included in this report. For
example, both coalitions and law
enforcement responded that new
or revised laws are needed to curb
social hosting. But what new or
clarifying language is needed? Here
are a few questions that might be
asked to further understand your
county social host arrest numbers:
Law Enforcement
• Does the data show a high or low
level or enforcement or none at all?
• Are there funds available for
enforcement?
• Do I have staff to support social
hosting enforcement?
• Is social hosting or reducing
underage drinking a priority?
• Is there judicial support?
• Does the community support
enforcement?
Community
•What is social hosting? Is the
community aware of the social
host law?
• Do community norms support
enforcement of the social host law?
• If the law is enforced, do I perceive it is enforced consistently?
• Is the school delivering messages
about social hosting?
• Who are the community partners/organizations that support
social hosting enforcement?
• What is more can the community
do to change attitudes about social
hosting?
Parents
• Are you aware that Kansas has a
social host law?
• Do you know the consequences of
social hosting?
• Do you think it is OK for someone
to give your child alcohol?
• Are you willing to risk the life or
well-being of someone else’s child
by social hosting?
• What is your role?
What Will You Do?
By reducing youth access to alcohol
we can do our part in helping
reduce youth alcohol use. We can
reduce the numbers of alcoholrelated traffics crashes and reduce
the other harms related to underage drinking. Providing alcohol
to youth is never a good idea. Do
your part, by educating others,
supporting law enforcement, and
being clear to youth that underage
drinking is harmful.
What is going on in
your county?
Take a look at your county level
social host arrest data and begin to
ask questions. By asking questions,
you and your community can begin
to develop and implement effective
strategies that will protect Kansas
youth.
1 Levy, D. T., Miller, T.R., &
Cox, K.C. (2003). Underage
drinking: societal costs and
seller profits. Working Paper. Calverton, MD: PIRE.
2 Grant, B.F., & Dawson,
D.A. (1997). Age at onset of
alcohol use and its association with DSM-IV alcohol
abuse and dependence:
Results from the National
Longitudinal Alcohol Epidemiologic Survey. Journal of
Substance Abuse 9:103-110.
3 Office of Applied Studies,
Substance Abuse and Mental
Health Services Administration. Treatment Episode
Data Set. (2011). Substance
Abuse Treatment by Primary Substance of Abuse,
According to Sex, Age, Race,
and Ethnicity, 2009. Available
[On-line]: http://www.icpsr.
umich.edu/icpsrweb/SAMHDA/studies/30462.
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4
ADDENDUM
SOCIAL HOST ARRESTS BY YEAR (With number of counties and county names)
YEAR
SOCIAL HOST ARRESTS
NUMBER OF COUNTIES
COUNTY NAMES
2004
3
2
Butler, Saline
2005
11
7
Butler, Cowley, Ellis, Harvey, Johnson,
Pratt, Saline
2006
20
8
Butler, Brown, Cowley, Ellis, Ford, Leavenworth, McPherson, Sedgwick
2007
79
20
Butler, Allen Brown, Ellis, Ford, Harvey,
Johnson, Leavenworth, McPherson,
Mitchell, Montgomery, Norton, Phillips,
Reno Riley, Russell, Saline, Sedgwick,
Seward, Wichita, Kansas Highway Patrol
2008
142
28
Butler, Brown, Clay, Cowley, Doniphan,
Ellis, Finney, Ford, Franklin, Harvey,
Jackson, Johnson, McPherson, Miami,
Mitchell, Norton, Phillips, Pratt, Reno, Rice,
Riley, Rooks, Sedgwick, Seward, Shawnee,
Sherman, Thomas, Wabaunsee, Kansas
Highway Patrol
2009
102
27
Butler, Allen, Cherokee, Cowley, Ellis,
Finney, Ford, Harvey, Johnson, Kingman,
McPherson, Marion, Marshall, Miami,
Montgomery, Morris, Rawlins, Reno, Rice,
Riley, Saline, Seward, Shawnee, Sheridan,
Sherman, Trego, Wyandotte, Alcoholic
Beverage Control
2010
121
31
Butler, Allen, Cowley, Doniphan, Douglas,
Ellis, Finney, Ford, Harvey, Jackson,
Johnson, Labette, Leavenworth, Logan,
McPherson, Marion, Mitchell, Neosho,
Osage, Pawnee, Phillips, Reno, Rice, Riley,
Russell, Saline, Sedgwick, Seward,
Sheridan, Thomas, Wilson, Alcoholic
Beverage Control
2011
154
33
Butler, Allen, Bourbon, Cloud, Cowley,
Douglas, Ellis, Finney, Ford, Greeley,
Harvey, Jefferson, Johnson, Leavenworth,
Linn, Logan, McPherson, Marion, Mitchell,
Montgomery, Nemaha, Neosho, Phillips,
Pottawatomie, Reno, Rush, Russell, Saline,
Sedgwick, Seward, Sherman, Thomas,
Kansas Highway Patrol
TOTAL
632
59 different counties
Produced by Kansas Leadership to Keep Children Alcohol Free, a committee of Kansas Family Partnership
5
www.kansasfamily.com | 1-800-206-7231
Kansas Leadership to Keep Children Alcohol Free is a
statewide committee coordinated by the Kansas Family
Partnership that is committed to making the reduction
of alcohol use by youth a priority throughout the state
of Kansas. It’s goals are to educate, energize and focus
attention on the issue of underage drinking.
Produced by Kansas Leadership to Keep Children Alcohol Free, a committee of Kansas Family Partnership
6