Agenda Item       

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control       

 

MEETING DATE:

11/05/13

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Supervisor Todd Spitzer

Department contact person(s):

Carrie O’Malley (714) 834-3910

 

CATEGORY:

Discussion

 

 

Subject:  Orange County Social Host Ordinance - 1st Reading

 

 

RECOMMENDED ACTION(S):

 

Adopt a Social Host Ordinance for the County of Orange to be used as a tool for DUI prevention and underage drinking prevention.  1st Reading. 

 

1. Read title of ordinance.

2. Waive further reading of ordinance.

3. Consider the matter.

4. Direct ordinance be placed on agenda for the next regularly scheduled Board meeting for adoption.

5. At the next regularly scheduled meeting, consider the matter, and adopt the ordinance.

 

BACKGROUND INFORMATION:

 

 

The Social Host Ordinance (SHO) provides law enforcement with an additional tool for holding adults accountable for underage drinking.  The SHO provides a mechanism whereby adults will be held responsible for allowing underage drinking to occur at their home/residence/property, and serves as a deterrent to many serious issues such as DUI, underage drinking, and other alcohol related problems among youth. 

 

Cities have the option of adopting a Social Host Ordinance at the municipal level.  Currently, the following Orange County cities have a Social Host Ordinance: Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Beach, Laguna Hills, Mission Viejo, and Orange.  Other California Counties that currently have a County Social Host Ordinance include: Contra Costa, San Bernardino, San Diego, Santa Barbara, Santa Clara, and Ventura Counties. 

 

The Orange County Sheriff’s Department currently enforces the Social Host Ordinance in two of its contract cities that have such an ordinance (Mission Viejo and Laguna Hills).  Furthermore, the OC District Attorney’s Office has provided testimony in support of the Social Host Ordinance at venues such as the O.C. DUI Summit as well as at certain cities that have adopted the SHO such as in Laguna Beach.  The County of Orange has sponsored such events as the DUI Summit (see additional details later in this document), as well as programs through Orange County HCA which advocate for DUI enforcement and prevention efforts; however, the County of Orange does not currently have a Social Host Ordinance. 

 

Statistics:

 

The Orange County Health Care Agency has provided devastating statistics regarding the prevalent problem of underage drinking in Orange County.  The County needs to do more in the fight against DUI. 

 

Prevalence of Underage Drinking in Orange County:

 

·         According to data from the 2011-2013 California Healthy Kids Survey (CHKS), 28% of Orange County high school juniors have had at least one drink in the past 30 days and 18% report at least one episode of binge drinking (five or more drinks in one sitting) in the past month. 

 

·         Data from the National Household Surveys on Drug Use and Health, conducted from 2006 to 2009, show that people who begin drinking alcohol before the age of 15 are six times more likely than those who start at age 21 and older to develop alcohol problems. 

 

·         Between 2011 and 2013, 21% of 7th graders, 37% of 9th graders, and 29% of 11th grade students in Orange County reported they had begun drinking before the age of 15. 

 

Furthermore, respondents to a survey of individuals living in states that had a social host approach were less likely to report heavy episodic drinking and driving when compared to individuals from states that did not have a social host policy (Stout et al, "Reducing Harmful Alcohol-Related Behaviors: Effective Regulatory Methods."  Journal of Studies on Alcohol and Drugs.  Volume 61.  Pages 402-412.  2000).  In addition, social host liability laws were found to reduce the drunk-driving fatality rate for 18-20 year olds by 9% (Dills, Angela K, "Social Host Liability for Minors and Underage Drunk-Driving Accidents," Journal of Health Economics.  Volume 29.  Pages 241-249.  2010).  Therefore, the Social Host Ordinance serves as a deterrent. 

 

Youth Access to Alcohol:

 

According to the 2006 Orange County Youth Access to Alcohol report:

 

·         Young people most often consume alcohol at a private home, either at a friend’s home (52%) or at their own home (24%).

 

·         More than eight out of 10 youth (81%) surveyed reported that it was “very easy” or “fairly easy” to obtain alcohol.

 

·         Older youth and frequent drinkers were more likely than other respondents to report that it was easy to obtain alcohol. Older youth, aged 20, were more likely than youth ages 16 to 18 to report that it was “very easy” to obtain alcohol (49% compared to 36% for 16 year olds, and 35% for 17 and 18 year olds).

 

·         Adults 21 years and older are the single most common source of alcohol for minors, outpacing all commercial sources.  More than one-quarter of underage drinkers (28%) cited older friends and relatives as the primary source for obtaining alcohol.

 

These alarming statistics show the need for a Social Host Ordinance in Orange County.  The Social Host Ordinance will help curb or eliminate the practice of underage drinking at private residences.  Furthermore, the Social Host Ordinance sets an example to the cities in Orange County that are contemplating adoption of such an ordinance.  Currently, cities, not the County, are leading this discussion.    

 

Consequences of Underage Drinking:

 

According to the National Institute on Alcohol Abuse and Alcoholism, underage drinking risks include:

 

·         Death – 5,000 people under age 21 die each year from alcohol-related car crashes, homicides, suicides, alcohol poisoning, and other injuries such as falls, burns, and drowning.

 

·         Serious injuries – More than 190,000 people under age 21 visited an emergency room for alcohol-related injuries in 2008 alone.

 

·         Impaired judgment – Drinking can cause youth to make poor decisions, which can then result in risky behavior like drinking and driving, unlawful or inappropriate sexual activity, or violence.

 

·         Increased risk for physical and sexual assault – Youth who drink are more likely to be a perpetrator or a victim of a physical or sexual assault.

 

·         Brain development problems – Research shows that brain development continues well into a person’s twenties.  Alcohol can affect this development, and contribute to a range of problems.

 

Orange County faces a major dilemma regarding underage drinking and underage DUI.  As shown in the recent publication of the 19th Annual Orange County Conditions of Children Report (2013), "With regard to underage drinkers across the state, the Orange County Register identified Orange County as having some of the highest rates in California of car crashes involving alcohol and underage drinkers.  Statistics were compiled using 2010 California Office of Traffic Safety data and count only crashes in which somebody was hurt or killed.  They include crashes in which a driver had any drinks - even if that driver did not meet the legal threshold for drunk driving."  This data showed that Newport Beach and Orange had the state's highest rates of crashes in which at least one driver had been drinking, as compared to other California cities their size.

 

The Conditions on Children report further concluded that, "With regard to underage drinkers (involved in vehicle collisions) across the state, Fullerton had the worst rate among mid-sized cities.  Anaheim had the second highest rate among the state's biggest cities.  Conversely, Irvine was found to have the third-lowest rate of alcohol-involved crashes among mid-size cities."  While Irvine was found to have this third-lowest rate of alcohol-involved crashes among mid-size cities, the City still adopted a Social Host Ordinance because of the need to be proactive in the fight against underage drinking and underage DUI. 

 

Youth/Underage Drinking and Driving:

 

According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA), motor vehicle crashes are the leading cause of death for individuals aged 15 to 20 due to a variety of factors including driver inexperience.  The rate of fatal crashes among alcohol involved drivers between 16-20 years old is more than twice the rate for alcohol involved drivers 21 and older.

 

My office has done extensive research in this area in collaboration with California DMV Sacramento and California Highway Patrol.  The following tables provide a visual in the area of underage drinking and driving.  These same tables were submitted by my office for publication in the Orange County Conditions on Children Report:

 

Table 1 provides data on the number of underage convictions for DUI.  The majority of convictions were for misdemeanor DUI, with the highest percent (41%) being age 20 and the second highest (32.7%) being age 19.  Youth DUIs were the second highest category of convictions, with 38.5% being age 19 and 40.1% being age 20.

 

Table One: Underage DUI Convictions for 2010: arrests made in Orange County by age of arrested driver

AGE

MISDEMEANOR DUI

(VC23152)

FELONY DUI

(VC23153)

YOUTH DUI (VC23140)

RECKLESS PLEA PER VC23103.5

15

1

0

0

0

16

19

1

5

0

17

50

3

8

0

18

177

5

26

10

19

308

11

70

20

20

386

6

73

30

Total under age 21

941

26

182

60

Total all ages

13918

376

182

937

Data Source: California Department of Motor Vehicles, Research and Development Branch

 

Table 2 includes data on underage "had-been-drinking" drivers involved in collisions that resulted in fatality or injury.  The youngest offenders identified were 16-year-old males and involved collisions that resulted in injuries.  Twenty-year-old females and 19-year-old males had the highest incidence of injury-involved collisions among all of the underage categories.  Twenty-year olds accounted for the highest percent (33.3%) of all types of collisions. 

 

Table 2: Youth Under 21 Who Had Been Drinking Drivers in Fatal and Injury Collisions by Gender and Age in Orange County, 2010

 

HBD Drivers

 

Severity

Fatal

Injury

TOTAL

Sex

 

Age

Male

Female

Male

Female

0-14

0

0

0

0

0

15

0

0

0

0

0

16

0

0

3

0

3

17

0

0

12

4

16

18

2

0

23

9

34

19

0

0

40

7

47

20

1

1

30

18

50

Data source: California Highway Patrol, Information Services Unit Statewide Integrated Traffic Records System (SWITRS).

 

Given these alarming statistics, my office has energetically focused on efforts to prevent underage drinking and underage DUI in Orange County.  In February of this year, my office co-hosted the County-wide DUI Summit along with the Automobile Club of Southern California (AAA), Orange County Health Care Agency (HCA), Mothers Against Drunk Driving (MADD), and Concordia University Irvine. 

 

At this Summit, some Best Practices in the area of DUI Prevention were discussed, including: Social Host Ordinance, Responsible Beverage Service, Checkpoints and Saturation Points, and Public Awareness/Educational Campaigns. 

 

Speakers that addressed and supported these Best Practices at the DUI Summit included:

·         Marilyn Ellis - MADD representative/victim, Kimberly Ellis’ mother

·         Deputy Chief Mike Hamel, Irvine Police Department - Supporting the need for the Social Host Ordinance

·         Councilmember Trish Kelly, City of Mission Viejo – Supporting the need for the Social Host Ordinance

·         Captain George Crum, Fullerton Police Department - Supporting the need for DUI Prevention Methods and discussing DUI issues relevant to Orange County

·         Susie Price, OC District Attorney's Office - Supporting the need for DUI Prosecution and Prevention Methods and discussing DUI issues relevant to Orange County

·         Jennifer Harmon, Orange County Crime Lab - Supporting the need for the Crime Lab in DUI Prosecution and Prevention Methods and discussing DUI issues relevant to Orange County

·         Dave Doucette, Office of Traffic Safety - Discussing DUI Prevention and DUI Statistics as well as Checkpoints and Saturation Patrols

·         Deputy Chief David McGill, Newport Beach Police Department – Discussing Checkpoints and Saturation Patrols 

·         Anita Lorz, Auto Club of Southern California (AAA) - Discussing/supporting Public Awareness and Educational Campaigns

·         Gregg Hanour, Former Owner of the Shark Club and Leader in the Responsible Beverage Service (RBS) Field/Good Alcohol Practices Consultant and Author of A Business Approach to Reducing Drunk Driving- Discussing the need and Support of Responsible Beverage Service programs

·         Kathy Kendrick, OC Health Care Agency - Supporting DUI Public Awareness/Educational Campaigns

·         Dan Gleason, Community Service Programs Project PATH – Supporting DUI Public Awareness/Educational Campaigns

·         Chris Cochran, Office of Traffic Safety – Supporting DUI Public Awareness/Educational Campaigns

·         ­­­­Fred Wittman, CLEW Associates - Discussing the State Highway Safety Plan (SHSP) Project

·         James Mosher, JD and Alcohol Policy Specialist - Discussing Local Control Issues

 

The intent behind adopting an Orange County Social Host Ordinance is to send a message to the community as well as to cities that are contemplating adoption of a SHO.  The Social Host Ordinance serves as a deterrent and a prevention message.  The Orange County SHO has the possibility of preventing tragic deaths and injuries related to underage DUI. 

 

With local efforts such as Social Host Ordinance, many DUIs may potentially be prevented, and youth under the age of 21 may think twice before they consume alcohol, because they and their parents know that there are financial and criminal consequences.  By violating the SHO, youth will put themselves and their parents/adult guardians at risk for citation.  I have advocated that, “With efforts such as Social Host Ordinance in place, local elected officials and law enforcement are working together to help stop underage drinking and the many potentially negative effects that can occur when underage drinking takes place.”

 

Penalties:

 

As stated above, the Social Host Ordinance is an additional tool that allows law enforcement to hold adults accountable for underage drinking when such drinking takes place in the adult’s home, under the adult’s supervision, or with the adult’s knowledge.  Furnishing alcohol to these minors constitutes a misdemeanor in some cities and an infraction in others that have adopted a Social Host Ordinance.  The ordinance brought to the Board of Supervisors today, has a graduated penalty scheme.  The first offense would be handled administratively with a $750 administrative fine.  The second or subsequent offense would constitute a misdemeanor.  Many Orange County cities that currently have a Social Host Ordinance have a strict criminal culpability - citing a violation immediately as a misdemeanor.  (Please see attached chart of O.C. cities with SHO and their penalties).  Furthermore, property owners who lease their property and/or act as landlords would NOT be held responsible for underage drinking on the premises of the property they own unless they were aware of such an occurrence. 

 

It is important to note the rationale behind the penalties of the proposed Orange County Social Host Ordinance.  Currently, as shown in the attached Chart of Penalties Comparison, of the eight Orange County cities that have a Social Host Ordinance, four of the eight are enforced strictly by a misdemeanor charge on the first violation.  These cities include: Garden Grove, Laguna Hills, Mission Viejo, and Orange.  Five of the eight O.C. cities that currently have a SHO have a misdemeanor component to the penalties issued for violation.  Laguna Beach issues an administrative fine initially; however, the second offense is prosecuted as a misdemeanor.  Three cities utilize administrative only procedures for violation of their SHO.  These three cities include: Huntington Beach, Irvine, and La Habra. 

 

Of all six California Counties that currently have a Social Host Ordinance, three utilize misdemeanor culpability for any violation of the ordinance. 

 

The proposed O.C. SHO would utilize an administrative fee of $750 for the first offense.  Upon second and subsequent violations, the violator would be charged with a misdemeanor.  This rationale is a very fair enforcement of the Social Host Ordinance, with graduated levels of penalties depending on recurring violation of the ordinance. 

 

Enforcement:

 

Currently, the Orange County cities with a Social Host Ordinance rely on their city Police Departments for enforcement.  Mission Viejo and Laguna Hills are the two cities that contract with the O.C. Sheriff's Department for law enforcement services that have a social host ordinance.  The Sheriff's Department has stated that since Mission Viejo's adoption of their SHO in 2008, there have been 12 citations for violation of the ordinance.  The City prevailed on all 12 of these violations.  The ordinance has not been challenged. 

 

In addition, Irvine adopted a Social Host Ordinance in November 2011.  Since then, the Irvine Police Department has issued 16 citations for violation of the ordinance.  None of these citations were appealed.  Irvine's Social Host Ordinance has not been challenged. 

 

Other Orange County cities with a Social Host Ordinance have had similar success with implementation. 

 

With the adoption of an Orange County Social Host Ordinance, the Sheriff's Department would be responsible for enforcement of this ordinance, and it would apply to all of the unincorporated areas of Orange County.  The District Attorney would be responsible for prosecution of the second or subsequent offense of the SHO - which would be criminal in nature (a misdemeanor); however, the first offense would be handled administratively only.  County Counsel has contacted the OCSD regarding potential enforcement of this ordinance and it has been confirmed that the OCSD is willing and able to enforce such a County Social Host Ordinance in the unincorporated areas. 

 

Current HCA Programs:

 

There are currently two alcohol and drug prevention programs through Orange County Health Care Agency (HCA).

 

1.      The Alcohol Drug Education and Prevention Team (ADEPT)

ADEPT offers the following prevention initiatives:

 

Rx for Prevention

The goal of this program is to prevent the abuse of prescription drugs and over-the-counter medications by youth in Orange County.  This program aims at prevention through the implementation of community media campaigns and the education of adults/parents, health professionals and youth. 

 

Impaired Driving

The goal of the Impaired Driving Program is to reduce alcohol and other drug impaired driving in Orange County through education, alcohol server training, media campaigns, and collaboration with law enforcement.  The Social Host Ordinance would also help to reduce impaired driving incidents. 

 

Youth Resilience

The goal of Youth Resilience is to Increase exposure to alcohol and other drug prevention programs and to promote positive youth development in youth organizations, schools and communities through campaigns such as Red Ribbon Orange County.

 

 

Underage Drinking

The goal of this component is to reduce underage drinking by implementing community media campaigns, educating adults, parents, and youth.  This program also provides alcohol server training. 

 

Parenting

HCA partners with schools and community agencies to increase the parental involvement in preventing alcohol and other drug use among Orange County children.  Strategies include training on effective parenting skills, encouraging family meals and strengthening family, school and community connectedness.

 

Community Colleges Initiative

This initiative aims to increase the health and safety of Orange County Community College students through alcohol prevention education, campus awareness campaigns, and student engagement activities. 

 

2.      In addition, Health Care Agency also offers an Alcohol and Drug Prevention Team. 

 

This program offers staff trainings, parent education, school-based curriculum, community education, and outreach to increase awareness and prevent alcohol and drug use/abuse in youth and families.  This team contracts with the Orange County Department of Education (OCDE) to provide the “Towards No Drug” curriculum in Orange County elementary, middle, and high schools.  HCA also offers the “Transitions” Program which provides curriculum in Orange County schools to strengthen students’ healthy coping skills and reduce high risk behaviors including alcohol and drug use.

 

In conclusion, the Social Host Ordinance will help to reduce underage drinking by making parents/adults think twice before allowing youth consumption of alcohol at private homes.  The Social Host Ordinance adopted at the County level will serve as an additional prevention tool to curb underage drinking and the potentially fatal effects of underage drinking and driving. 

 

ATTACHMENT(S):

 

 

Text of Proposed Orange County Social Host Ordinance

 

EXHIBITS:

 

Exhibit 1: Comparison Chart of Penalties for Orange County Cities with the Social Host Ordinance

 

Exhibit 2: Social Host Ordinance FAQ